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Personal Injury

Miami Pedestrian Accident Lawyers

Standing Up for Vulnerable Road Users

Walking should be one of the safest and most natural ways to get around, yet pedestrians in South Florida face extraordinary dangers every time they step onto a crosswalk or sidewalk. Unlike vehicle occupants who have metal frames, airbags, and seatbelts protecting them, pedestrians have absolutely no barrier between their bodies and thousands of pounds of steel traveling at deadly speeds. When a car strikes a person on foot, the results are almost always devastating.

The aftermath of a pedestrian accident extends far beyond physical injuries. Victims face mounting medical bills, inability to work, permanent disabilities, and emotional trauma that can last a lifetime. Meanwhile, insurance companies often try to blame pedestrians for their own injuries, claiming they weren’t paying attention or violated traffic laws. This blame-shifting tactic aims to minimize or deny the compensation that injured walkers desperately need.

Mesin & Co. has built a strong reputation defending the rights of pedestrians injured by negligent drivers throughout Miami, North Miami Beach, Aventura, Sunny Isles Beach, Hallandale Beach, and Hollywood. We refuse to let insurance companies scapegoat vulnerable road users who were simply trying to cross the street or walk on the sidewalk. Our firm fights aggressively to hold reckless drivers accountable and secure maximum compensation for every client we represent.

Why South Florida’s Streets Are So Dangerous for Walkers

Florida consistently ranks as the most dangerous state in the nation for pedestrians, and Miami leads the pack within the state. According to Smart Growth America’s analysis of federal data, the Miami-Fort Lauderdale metro area has held the dubious distinction of being the deadliest metropolitan region for people on foot for multiple consecutive years. These aren’t just numbers on a chart, they represent real people whose lives were cut short or permanently altered because drivers failed to exercise basic caution.

The statistics paint a grim picture that every pedestrian in our area should understand. The Florida Department of Highway Safety and Motor Vehicles reports that pedestrian fatalities account for nearly 20% of all traffic deaths statewide, a proportion far higher than the national average. Miami-Dade County alone sees over 1,000 pedestrian crashes annually, with hundreds resulting in serious injuries or deaths. Broward County experiences similar rates, particularly in urban areas where vehicle and foot traffic converge.

Certain locations throughout our service areas have become particularly hazardous for walkers. Major corridors through Aventura and along Biscayne Boulevard see frequent pedestrian strikes. The busy intersections near shopping centers in Sunny Isles Beach create conflict points where drivers turning into parking lots fail to yield to people in crosswalks. Even residential neighborhoods in North Miami Beach aren’t immune, as speeding drivers plow through areas where children walk to school and families stroll in the evening.

The urban design of many South Florida communities contributes to this crisis. Wide roads built for high-speed vehicle traffic, inadequate lighting, missing sidewalks, poorly marked crosswalks, and long distances between safe crossing points all put pedestrians at risk. When infrastructure prioritizes vehicle movement over pedestrian safety, tragedy becomes inevitable.

How Pedestrian Collisions Happen on Our Streets

Failure to yield at crosswalks represents the most common cause of pedestrian accidents in urban areas. Florida law requires drivers to stop for pedestrians in marked crosswalks, yet countless drivers either don’t see people crossing or choose to ignore their legal obligation. We’ve represented numerous clients who were struck while legally crossing at intersections with the walk signal, often by drivers who were distracted, rushing, or simply didn’t bother to look before proceeding.

Left-turn accidents at intersections injure and kill pedestrians with alarming frequency. Drivers focus on oncoming vehicle traffic while making their turns and completely overlook pedestrians crossing the perpendicular street. This happens during both protected and unprotected left-turn phases. The driver’s attention is so focused on finding a gap in traffic that pedestrians become invisible to them.

Distracted driving has created an epidemic of pedestrian strikes. Drivers texting, adjusting navigation systems, eating, or engaging with passengers take their eyes off the road at critical moments. A pedestrian might be visible for several seconds before a collision, but a distracted driver never sees them until after the impact. The proliferation of smartphones has made this problem exponentially worse over the past decade.

Additional Contributing Factors

Speeding dramatically increases both the likelihood and severity of pedestrian accidents. At 20 miles per hour, a pedestrian has roughly a 90% chance of surviving if struck. At 40 miles per hour, that survival rate drops to just 20%. Many South Florida roads have speed limits that are too high for areas with pedestrian activity, and drivers frequently exceed even those limits.

Impaired driving continues to cause devastating pedestrian accidents, particularly during late night and early morning hours. Drunk drivers have reduced vision, slower reaction times, and impaired judgment. They drift into bike lanes, mount curbs, or simply fail to see pedestrians until it’s too late. The concentration of bars and nightlife in certain areas of Miami creates zones where impaired driving poses heightened risks to people on foot.

Poor visibility conditions lead to numerous pedestrian strikes. South Florida’s frequent rain reduces visibility and makes it harder for drivers to see people walking. Inadequate street lighting in many neighborhoods means pedestrians become nearly invisible after dark. Drivers who fail to use headlights properly compound these visibility problems.

Severe Injuries That Change Lives Forever

Traumatic brain injuries occur in a significant percentage of pedestrian accidents when victims strike their heads on the vehicle, the pavement, or other objects. The brain damage can range from mild concussions to severe injuries causing permanent cognitive impairment, memory loss, personality changes, and physical disabilities. Many TBI victims require years of rehabilitation and some never regain their previous mental capabilities.

Spinal cord damage happens when the impact forces compress, fracture, or sever the spine. These catastrophic injuries can result in partial or complete paralysis affecting everything below the injury site. Paraplegia and quadriplegia require lifetime care, home modifications, specialized equipment, and support services that cost millions of dollars over a victim’s lifetime.

Multiple fractures throughout the body are common when a multi-ton vehicle strikes a human body. Broken legs, arms, ribs, pelvis, and facial bones often require surgical intervention with plates, screws, and rods. Complex fractures may need multiple surgeries and months of rehabilitation. Some never heal properly, leaving victims with chronic pain, limited mobility, and permanent disabilities.

Other Life-Altering Injuries

Internal organ damage can prove fatal if not treated immediately. The blunt force trauma from being struck by a vehicle can rupture the spleen, liver, or kidneys, cause internal bleeding, and damage vital organs. Emergency surgery is often necessary to repair these injuries and save the victim’s life.

Amputations occur when limbs are crushed under vehicles or when injuries are so severe that surgical amputation becomes medically necessary. Losing an arm, hand, leg, or foot permanently alters every aspect of a person’s life, from their ability to work to their capacity to perform basic daily activities.

Severe road rash and soft tissue injuries happen when pedestrians are thrown across pavement. The friction tears away skin and tissue, often requiring skin grafts and extensive wound care. The scarring can be permanent and disfiguring, particularly when injuries affect the face, hands, or other visible areas.

Florida Laws Protecting Pedestrians

Florida Statutes give pedestrians the right of way in crosswalks and at intersections. Section 316.130 specifically requires drivers to stop and remain stopped for pedestrians crossing the roadway within a marked or unmarked crosswalk. Despite this clear legal requirement, violations happen constantly throughout our communities. When drivers ignore these laws and injure pedestrians, they can be held liable for all resulting damages.

Jaywalking laws exist in Florida, but they don’t absolve drivers of responsibility to avoid striking pedestrians even when walkers aren’t using designated crossings. Drivers have a duty to exercise reasonable care to avoid colliding with pedestrians regardless of where they’re walking. While crossing outside of a crosswalk might reduce a pedestrian’s recovery under comparative negligence principles, it doesn’t eliminate their right to compensation.

School zone laws impose enhanced penalties on drivers who injure pedestrians in designated school areas during specific hours. These zones exist around educational facilities throughout Miami-Dade and Broward counties. The reduced speed limits and heightened awareness requirements reflect the concentration of child pedestrians in these areas.

The state’s two-year statute of limitations for personal injury claims applies to pedestrian accidents. However, when the victim dies from their injuries, the family has only two years from the date of death to file a wrongful death lawsuit. These deadlines are strict, and missing them means losing your right to compensation entirely. Early consultation with an attorney ensures you don’t run up against these critical time limits.

Understanding Liability in Pedestrian Crash Cases

Driver negligence is the foundation of most pedestrian accident claims. Proving negligence requires demonstrating that the driver owed a duty of care to the pedestrian, breached that duty through careless or reckless conduct, and directly caused injuries as a result. Evidence of speeding, distracted driving, failure to yield, running red lights or stop signs, or driving under the influence establishes the breach of duty that makes drivers liable.

Vehicle owner liability may extend beyond just the driver in certain situations. If the driver was operating a company vehicle while conducting business, the employer can be held responsible under vicinal liability principles. Negligent entrustment claims arise when vehicle owners allow incompetent or dangerous drivers to use their vehicles knowing those individuals pose risks to others.

Government entities bear responsibility when dangerous road conditions contribute to pedestrian accidents. Missing crosswalks, broken traffic signals, inadequate lighting, obstructed sight lines, or other infrastructure defects that violate design standards can make municipalities liable. These claims against government entities involve special procedures and shorter deadlines that make early legal intervention critical.

Comparative negligence allows recovery even when pedestrians share some fault for their accidents. Florida’s pure comparative negligence system reduces compensation by the pedestrian’s percentage of responsibility but doesn’t bar recovery entirely. Even if you were crossing against a signal or outside a crosswalk, you can still obtain substantial compensation for your injuries.

Evidence That Builds Strong Cases

Witness statements provide crucial independent verification of how accidents occurred. Bystanders who saw the collision can confirm whether you were in a crosswalk, had the right of way, or whether the driver was speeding or distracted. We locate and interview witnesses immediately after accidents before their memories fade or they become difficult to find.

Surveillance footage from nearby businesses, traffic cameras, and residential security systems often captures pedestrian accidents on video. This objective evidence can prove exactly what happened and eliminate disputes about fault. However, this footage is often recorded over or deleted within days or weeks, making immediate action essential to preserve it.

Accident scene investigation reveals critical details about how collisions occurred. Skid marks show where drivers attempted to brake. Vehicle damage patterns indicate the point and angle of impact. Debris fields tell the story of collision dynamics. We conduct thorough scene investigations or hire expert accident reconstructionists to document and analyze all physical evidence.

Medical documentation establishes the nature and extent of your injuries. Emergency room records, diagnostic imaging, surgical reports, treatment plans, and expert medical opinions all contribute to proving damages. We work closely with your healthcare providers to ensure all injuries are thoroughly documented and their connection to the accident is clearly established.

Full Compensation for Your Losses

Medical expenses form a major component of pedestrian accident damages. These costs include ambulance transport, emergency care, hospitalization, surgery, rehabilitation, assistive devices, home healthcare, prescription medications, and future treatment needs. Catastrophic pedestrian injuries often generate millions of dollars in medical costs over a victim’s lifetime.

Lost income and earning capacity represent significant economic damages. Time missed from work during recovery gets calculated along with reduced future earnings if injuries prevent you from returning to your previous employment or limit your career advancement. We work with vocational and economic experts to fully quantify these losses.

Pain and suffering damages acknowledge the physical discomfort and emotional distress you’ve endured. Chronic pain, loss of mobility, fear of walking near traffic, depression, anxiety, and post-traumatic stress are real consequences of serious pedestrian accidents. While no amount of money can truly compensate for this suffering, the law recognizes these damages and allows recovery.

Additional damages may include scarring and disfigurement, loss of enjoyment of life, permanent disability, and loss of consortium for spouses. When pedestrians die from their injuries, wrongful death claims allow families to recover for their devastating losses including funeral expenses, lost financial support, and the value of their loved one’s companionship.

Why Mesin & Co. Gets Results

We respond immediately when contacted about pedestrian accidents. Time is critical in these cases because evidence disappears quickly. We send investigators to accident scenes within hours, dispatch preservation letters to secure surveillance footage, and interview witnesses while events are fresh in their minds. This rapid response strengthens cases significantly.

Our team has deep experience handling the most complex pedestrian accident cases. We’ve represented victims with catastrophic brain injuries, spinal cord damage, multiple fractures, and fatal injuries. We understand the medical aspects of these injuries, the long-term care requirements, and how to present compelling evidence that persuades insurance companies and juries of the full value of claims.

We prepare every case thoroughly with the understanding that we may need to take it to trial. Insurance companies know which law firms will settle cases cheaply to avoid litigation and which firms have the resources and determination to fight through trial if necessary. Our track record of courtroom success motivates defendants to make fair settlement offers rather than risk even larger jury verdicts.

You’ll work directly with experienced attorneys, not paralegals or case managers. We believe clients deserve personal attention from the lawyers handling their cases. You’ll have direct access to us throughout the process, and we’ll keep you informed about developments and involved in all major decisions.

Frequently Asked Questions

What if I was texting or not paying attention when the car hit me?

Even if you were distracted when the accident occurred, you can still recover compensation under Florida’s comparative negligence system as long as the driver bears some responsibility for the collision. Your recovery will be reduced by your percentage of fault, so if you’re found 30% responsible and your damages total $500,000, you would receive $350,000. Drivers have a legal duty to watch for and avoid striking pedestrians regardless of what those pedestrians are doing, and most pedestrian accidents result from driver negligence even when walkers weren’t being perfectly attentive.

Can I file a claim if the driver who hit me left the scene?

Yes, you can still pursue compensation through your own uninsured motorist coverage if you have it, or through other sources depending on the circumstances of the hit-and-run accident. Florida law enforcement takes hit-and-run crashes seriously and often identifies fleeing drivers through witness descriptions, surveillance footage, or vehicle parts left at the scene. If the driver is never found, UM coverage provides an avenue for recovery, and if you don’t have your own auto insurance policy, you may be able to access coverage through household family members’ policies.

How long will my pedestrian accident case take to resolve?

Most pedestrian accident cases settle within eight to eighteen months, though complex cases involving catastrophic injuries or disputed liability can take longer to resolve. The timeline depends on factors including the completion of your medical treatment, the severity of your injuries, whether fault is clear or contested, and the insurance company’s willingness to negotiate fairly. We never rush to settle cases before you’ve reached maximum medical improvement because accepting early settlements often means leaving significant compensation on the table.

Take Action to Protect Your Rights

Don’t wait to seek legal representation after a pedestrian accident. Evidence disappears, insurance companies begin building defenses, and critical deadlines start running immediately. The sooner you contact us, the stronger we can make your case and the better your chances of obtaining maximum compensation.

We handle all pedestrian accident cases on a contingency fee basis. You pay no attorney fees unless we recover compensation for you. This arrangement means you can access experienced legal representation without any upfront costs or financial risk. We advance all case expenses and only get reimbursed if we win.

Mesin & Co. is deeply committed to serving all members of South Florida’s diverse communities with respect and personalized attention. We understand that each client brings unique circumstances, concerns, and needs to their case. Our team is fluent in Russian and has extensive experience representing members of the Russian-speaking community throughout Miami-Dade and Broward counties. Мы понимаем, через что вы проходите, и будем бороться за справедливую компенсацию за ваши травмы.

Contact us today for a free, confidential case evaluation. We’ll review the circumstances of your pedestrian accident, explain your legal rights, and provide an honest assessment of what your claim is worth. There’s no obligation and no cost for the consultation. Call now to take the first step toward getting the justice and compensation you deserve.

Give Us A Call

786-944-6446

Russian-Speaking Services

Eugene Mesin is fluent in Russian and welcomes inquiries from Russian-speaking clients throughout Florida