When the Unthinkable Happens on a Miami Street
Key Takeaways: If you are hit by a car as a pedestrian in Miami, prioritize safety and immediate medical attention, call 911 for an official crash report, and document the scene if able. Avoid giving recorded statements to insurers before understanding your rights. Florida’s No-Fault Law may allow PIP to cover early medical costs, while UM coverage helps in hit-and-run situations. Most negligence lawsuits must be filed within two years, and Florida’s modified comparative fault rule bars recovery if you are more than 50 percent at fault.
Being struck by a car as a pedestrian in Miami can turn an ordinary walk into a life-altering event. Get to safety, seek immediate medical attention, call law enforcement, gather evidence if able, and speak with a lawyer before giving recorded statements to insurers. These early steps protect both your health and your ability to pursue full compensation.
At The Soffer Firm, we help injured pedestrians throughout Miami-Dade County understand their options and move forward with confidence. Reach The Soffer Firm directly, call us at 305-503-5634, or request a consultation online to discuss what happened. We work on a contingency basis, meaning we do not get paid unless you do.
First Steps to Protect Your Health and Your Claim
Your safety and medical well-being come before anything else after a pedestrian crash. Even injuries that feel minor, such as concussions or internal trauma, can worsen over hours or days, so prompt medical evaluation is critical. Seeking care also creates a documented link between the collision and your injuries, which becomes important when an insurer questions causation.
Get Medical Care and Report the Crash
Calling 911 accomplishes two goals: it summons medical help and creates an official record. A responding officer prepares a crash report documenting the location, conditions, and statements made at the scene. If the driver fled, prompt reporting matters even more, and the Florida Highway Safety and Motor Vehicles guidance on leaving the scene of a crash explains why these incidents are treated seriously.
Document the Scene and Preserve Evidence
Evidence disappears quickly, so preserving it early strengthens a future claim. If you are able, or if a companion can assist, gather information at the scene before memories fade and conditions change. This helps counter attempts to shift blame.
Consider collecting the following when safe:
- Photographs of the vehicle, license plate, crosswalk, traffic signals, and your injuries
- Names and contact details of the driver and any witnesses
- The responding officer’s name and crash report number
- Notes on weather, lighting, and the direction each party was traveling
💡 Pro Tip: Write down your recollection of the crash as soon as possible. Details like signal timing and vehicle speed are easy to forget but can be central to proving fault.
For a broader checklist, our guide on what to do immediately after a Miami crash walks through practical steps in more detail.
How Florida Law Defines a Driver’s Duty to Pedestrians
Florida law places clear responsibilities on drivers to protect people on foot. Understanding these duties helps you recognize when conduct may amount to negligence.
Right-of-Way at Crosswalks and Intersections
Drivers must yield to pedestrians who are lawfully crossing the road. Under Fla. Stat. § 316.130(7), a driver’s duty at a crosswalk depends on the type of crosswalk: (a) at intersections with a traffic control signal, the driver must stop and remain stopped to allow a pedestrian with a permitted signal to cross when the pedestrian is on the driver’s half of the roadway or approaching closely enough from the opposite half to be in danger; (b) at crosswalks where signage so indicates, the driver must likewise stop and remain stopped under the same conditions; but (c) at crosswalks with no traffic control signals or signs, the driver need only yield the right-of-way by slowing down or stopping as needed when the pedestrian is on the driver’s half or approaching closely enough from the opposite half to be in danger. Under Fla. Stat. § 316.075(1)(c), a driver turning on a steady red signal must yield to pedestrians and remain stopped to let a pedestrian proceed under a permitted signal. While pedestrians also carry duties, such as obeying signals and not suddenly leaving a curb, a driver’s failure to follow these rules can establish breach of duty.
The Four Elements of a Negligence Claim
To recover compensation, an injured pedestrian must prove four elements of negligence. As explained in general resources on pedestrian accident claims, these are:
- Duty of care: the driver had a legal obligation to operate the vehicle with reasonable care.
- Breach of duty: the driver failed to meet that obligation through conduct such as speeding, distracted driving, or failing to yield.
- Causation: the breach directly caused the pedestrian’s injuries.
- Damages: the pedestrian suffered actual harm, such as medical expenses, lost wages, and pain and suffering.
Early documentation often determines how strong a claim becomes.
Insurance Coverage After You Are Hit by a Car in Miami
Florida’s insurance system shapes how a pedestrian injury claim unfolds. The state operates under the Florida Motor Vehicle No-Fault Law, and knowing which coverage applies can help you access benefits sooner.
Personal Injury Protection may cover initial medical costs even when you were on foot. Under Fla. Stat. § 627.736, PIP coverage generally pays 80 percent of reasonable medical expenses, up to $10,000 regardless of fault. Pedestrians struck by a car may draw on PIP benefits through their own auto policy or that of a resident relative for early medical expenses before pursuing the at-fault driver. To remain eligible, an injured person generally must obtain initial medical care within 14 days of the crash.
Uninsured Motorist coverage can be a lifeline in a hit-and-run. If the driver cannot be located, many auto policies include UM coverage that can cover damages. UM coverage is optional in Florida and must be offered with a bodily injury liability policy unless rejected in writing, so reviewing your policy is essential.
Why a Miami Pedestrian Accident Attorney Can Strengthen Your Case
Guidance from a Miami pedestrian accident attorney helps you navigate fault disputes, insurance negotiations, and filing deadlines. These cases frequently involve competing accounts, and insurers may attempt to minimize what they pay. Working with a knowledgeable advocate ensures evidence is preserved and all available coverages and liable parties are identified.
Our firm’s recognition reflects a commitment to injured clients. The Soffer Firm has received the Super Lawyers Award for Personal Injury from 2016 through 2026, an honor that identifies attorneys recognized by their peers for professional achievement. If you would like to learn how a dedicated Miami pedestrian accident attorney approaches these claims, we are ready to explain your options. We focus on building each case carefully rather than promising a particular result.
Deadlines and Fault Rules That Can Shape Your Recovery
Florida’s filing deadlines and comparative fault rules can significantly affect your claim. Missing a deadline may bar recovery entirely, and the degree of fault assigned to you can reduce or eliminate your award.
Following the 2023 tort reform, the deadline for most negligence claims was shortened. Under Fla. Stat. § 95.11(3)(a), the limitations period for negligence-based personal injury claims accruing after March 24, 2023 is generally two years from the date of injury. When a government vehicle is involved, Fla. Stat. § 768.28(14) generally requires civil action be filed within four years, subject to separate notice requirements. Courts interpret exceptions narrowly.
| Situation | Governing Statute | General Deadline |
|---|---|---|
| Negligence claim (private driver) | Fla. Stat. § 95.11(3)(a) | 2 years |
| Claim involving a government vehicle | Fla. Stat. § 768.28(14) | 4 years |
Florida’s modified comparative fault system affects how much you can recover. Under Fla. Stat. § 768.81(6), a party found more than 50 percent at fault for their own harm may not recover damages, except in medical negligence claims. Where your share is 50 percent or less, Fla. Stat. § 768.81(2) reduces your damages proportionately. Under Fla. Stat. § 768.81(3), damages are apportioned by each party’s percentage of fault, and a defendant may plead and prove a non-party’s fault, which is why preserving evidence is critical.
Frequently Asked Questions
1. What should I do first after being hit by a car in Miami?
Prioritize your safety and health, then document everything you can. Seek immediate medical attention, call 911 for an official report, and gather photos, witness details, and the driver’s information if able. Avoid giving recorded statements to insurers before understanding your rights.
2. Can I still recover if I was partly at fault for the crash?
In many cases, yes, as long as you were not more than half responsible. Florida applies modified comparative fault, so if your share is 50 percent or less, your damages are reduced proportionally. If you are more than 50 percent at fault, recovery is generally barred outside medical negligence claims.
3. What happens if the driver left the scene?
A hit-and-run does not leave you without options. If the driver cannot be located, Uninsured Motorist coverage on your own auto policy may cover damages, so review your policy promptly. Report the incident to law enforcement to support any later claim.
4. How long do I have to file a pedestrian injury lawsuit in Florida?
Most negligence claims must be filed within two years of the injury. For injuries after March 24, 2023, Fla. Stat. § 95.11(3)(a) sets a two-year window, while government vehicle claims may follow different timelines. Because exceptions are interpreted narrowly, act quickly.
Moving Forward After a Miami-Dade Pedestrian Crash
Recovering after a pedestrian accident involves both healing and protecting your legal rights. From seeking prompt medical care to documenting the scene, understanding Florida’s right-of-way rules, and meeting filing deadlines, each step contributes to a stronger claim. Because insurers may dispute fault and coverage, and comparative fault rules can affect your recovery, informed and timely action matters.
If you or a loved one was injured, connect with The Soffer Firm, call us at 305-503-5634, or reach out through our contact page to discuss your options. We are here to listen, explain your rights, and stand with you every step of the way, and we do not get paid unless you do.