Miami Pedestrian Accident Lawyer

A driver turning right on a green light does not look for the person stepping off the curb, and the person on foot absorbs the entire force of a vehicle that never slowed. Spencer Morgan Law represents injured people throughout Miami, the greater Miami area, and the State of Florida, and a Miami pedestrian accident lawyer at the firm handles the claims that follow these crashes, from the first insurance call through settlement or suit.

Pedestrian cases are not simply car accident cases with a different victim. The person on foot has no steel frame, no airbag, and often no witness other than the driver who hit them. Injuries tend to be orthopedic and neurological: fractured pelvises and tibias, shoulder and knee damage that ends in surgery, and head trauma from striking the windshield or pavement. Those injuries drive the value of the claim, and so does the way fault gets argued afterward, because in Florida a pedestrian who is blamed for too much of the crash can lose the entire case.

Miami adds its own conditions. Wide arterial roads with long crossing distances, heavy tourist and commuter traffic, parking lots outside malls and restaurants, and rideshare and delivery vehicles stopping wherever the app tells them to all put people on foot in the path of drivers who are distracted or in a hurry.

Situations That Produce Pedestrian Claims in Miami

• Crosswalk and Intersection Strikes: Drivers turning on a green light while pedestrians cross with the signal are a recurring source of serious injuries. The dispute is usually who had the right of way and whether the pedestrian was inside the marked crossing.
• Parking Lot and Garage Collisions: Shopping centers, mall lots, and restaurant parking areas involve backing vehicles and poor sightlines. Cases like these can involve both the driver and the property owner who controlled the lighting, layout, or signage.
• Hit-and-Run Crashes: When the driver leaves, recovery may depend on the pedestrian’s own uninsured motorist coverage or on a household policy. The firm has recovered policy limits in hit-and-run cases.
• Rideshare and Delivery Vehicle Strikes: Drivers working for a platform may be covered by commercial policies that sit behind the personal one, which changes who the claim is made against and how it is valued.
• Scooter, Bicycle, and Mixed-Traffic Collisions: Riders and walkers share sidewalks, crossings, and bike lanes. The firm has handled scooter and bicycle collision claims alongside pedestrian cases.
• Vehicles Running Over Feet and Lower Limbs: Low-speed contact in driveways, loading zones, and lots can still crush bones and require surgery. The firm has resolved claims where a car ran over a woman’s foot.
• Commercial Truck and Bus Impacts: Large vehicles have blind spots on every side and long stopping distances. Multiple insurance layers and company liability usually come into play.
• Roadway and Sidewalk Hazards Involving Public Entities: When a city or county controls the road design, signal timing, or sidewalk, a claim against that government body follows separate notice rules and a damages cap.

Why Choose Spencer Morgan Law for a Pedestrian Injury Case

Spencer Morgan Law serves Miami and communities across Miami-Dade, and takes cases throughout the State of Florida. Clients can reach Spanish-language services, and consultations are confidential.

The firm’s published results include a $1,000,000 semi-truck crash recovery and a $1,000,000 auto accident settlement, along with a $325,000 settlement on behalf of a young man struck by flying debris and a $220,000 settlement for a man struck by a vehicle. Smaller outcomes matter too: the firm has secured $100,000 in policy limits where the insurer denied liability, and policy limits on hit-and-run claims. Those are the situations pedestrians most often face, where the other side starts from a position of denial.

Clients consistently describe the same things: frequent updates, calls that get answered, and attention from the attorney and staff at difficult moments. The firm also helps with the practical wreckage that follows a crash, including getting cars fixed, securing reimbursement for total losses, resolving medical bills, and obtaining needed medical care. Nothing is owed unless the firm recovers.

What to Do After a Pedestrian Crash in Miami

Get medical attention the same day, even if you walk away feeling sore rather than broken. Florida’s personal injury protection coverage pays nothing for medical care unless you receive initial treatment within 14 days of the crash. It also pays the full $10,000 only when a qualified provider certifies an emergency medical condition; without that certification the benefit stops at $2,500. PIP covers 80 percent of medical expenses and 60 percent of lost wages regardless of fault, and pedestrians commonly rely on their own policy or a household member’s policy for it. Missing the 14-day window forfeits benefits that would otherwise be available.

Call the police so a crash report exists, and make sure it records the driver’s insurance information and any witnesses. Photograph the roadway, the crosswalk markings, the signal, the vehicle, and your injuries before conditions change. If a business has cameras covering the lot or street, that footage is often overwritten within days, so identify the businesses nearby and request preservation quickly. Keep your shoes and clothing as they were.

Be careful with the other driver’s insurer. Adjusters call early and ask for recorded statements, and a casual remark about not seeing the car coming becomes the foundation for a fault argument. This matters more than it used to. Since the 2023 reforms, a person found more than 50 percent at fault for their own harm recovers nothing in an ordinary negligence case, and at 50 percent or less the award is reduced by your share. Insurers know that rule and press on it hard in pedestrian claims, pointing to jaywalking, dark clothing, phones, and crossing outside the crosswalk.

Deadlines are shorter than many people expect. For crashes occurring on or after March 24, 2023, the window to file a negligence lawsuit is two years; earlier crashes keep the older four-year period. A wrongful death claim must also generally be filed within two years of the death. If a government entity is responsible, a written claim must be presented first, the agency generally has 180 days to respond, and the liability cap is $200,000 per person and $300,000 per incident, with anything above that requiring a claim bill from the Legislature.

Cases worth more than $50,000 are filed in the Circuit Civil Division of the Eleventh Judicial Circuit, which serves Miami-Dade County and is the largest circuit in the state, with cases heard at the Soto Miami-Dade Justice Center. Smaller claims in the $8,001 to $50,000 range, including auto negligence, go to the county civil judges, who sit at locations around the county including Coral Gables, Hialeah, and Miami Beach. Appeals go to the Third District Court of Appeal in Miami.

How Fault, Insurance, and Medical Bills Shape a Pedestrian Claim

Because Florida now bars recovery for plaintiffs more than half at fault, liability is the contested center of most pedestrian claims. Evidence that helps includes signal timing, crosswalk location, vehicle speed from crash damage and data, driver phone records, and surveillance video. Each defendant is held responsible only for its own percentage of fault, so when a driver, an employer, and a property owner share blame, the case has to establish each share rather than collect from whoever has the deepest pocket.

Insurance usually works in layers. PIP comes first for medical bills and wage loss. The at-fault driver’s liability coverage is the primary source for pain and suffering and the damages PIP does not reach, but Florida’s minimum requirements are low, and serious pedestrian injuries can exceed them. That is why uninsured and underinsured motorist coverage, rideshare policies, and commercial policies often decide whether a client is made whole. The firm’s results show repeated recoveries of full policy limits, which is where many of these cases realistically end when injuries are serious.

Medical billing now carries its own rules. When a provider treats under a letter of protection, meaning treatment in exchange for payment from the eventual settlement, the injured person must disclose the arrangement and who referred them as a condition of claiming those expenses. If health insurance exists, the amount it is obligated to pay can be used as evidence of what the care cost. How you obtain treatment, and who steers you to it, can affect how a jury sees your bills, so those decisions should be made with counsel involved early.

Damages in a pedestrian case reach beyond the first set of bills: surgery and rehabilitation, future care, lost income, and the pain and limitation that follow fractures and joint injuries. Cases involving a death are brought by the personal representative for the surviving family, with recovery for a spouse’s loss of companionship and protection and for a parent’s mental pain and suffering when a minor child dies.

Questions Pedestrians and Families Ask

Who is at fault when a pedestrian is hit in Miami?

Fault is determined by the facts: who had the signal, whether the pedestrian was in a marked crossing, how fast the vehicle was moving, and whether the driver was distracted. More than one party can share responsibility, and each is held liable only for its own percentage.

What if I was crossing outside a crosswalk?

It does not end your claim, but it gives the insurer an argument. Florida reduces your recovery by your percentage of fault, and if you are found more than 50 percent responsible you recover nothing. Drivers still owe a duty to watch for people on the road.

How long do I have to file a lawsuit?

For crashes on or after March 24, 2023, you have two years to file a negligence suit. Crashes before that date keep the four-year period. Wrongful death claims generally must be filed within two years of the death.

Does PIP cover me if I was walking?

Often yes, through your own policy or a resident relative’s. It pays 80 percent of medical expenses and 60 percent of lost wages up to $10,000 combined, provided you get initial treatment within 14 days. Without a provider’s emergency certification, the cap is $2,500.

What if the driver fled the scene?

Report it immediately and preserve any video, witness information, or vehicle description. Recovery may come through your uninsured motorist coverage. The firm has recovered policy limits in hit-and-run cases.

What if the driver had very little insurance?

Florida’s minimum coverage is low compared with serious injury costs. Your own underinsured motorist coverage, a rideshare or commercial policy, or another responsible party such as a property owner may fill the gap.

Can I recover if the driver was working for Uber or Lyft?

Possibly. Rideshare drivers may be covered by additional policies depending on whether they were logged into the app or carrying a passenger. The firm has handled recoveries against ride-share companies.

Will my health insurance be involved while the claim is pending?

It can be. If you have coverage, the amount it is obligated to pay can be admissible as evidence of past medical expenses. Liens from health insurers are also negotiated, and the firm has reduced a large lien so the client benefited from the recovery.

Can I still bring a claim if I have no obvious injuries right now?

Yes, but get examined within 14 days. Shoulder, knee, spine, and head injuries often show up after the adrenaline fades, and surgery sometimes comes months later. The firm has recovered $400,000 in an auto case where a cervical disc replacement followed months after the accident.

What if a government vehicle or road design caused my crash?

You must present a written claim to the government entity, the agency generally has 180 days to respond, and recovery is capped at $200,000 per person and $300,000 per incident. The firm has secured a $250,000 recovery against a county in a contested liability case.

Is it worth hiring a lawyer for a low-speed crash?

Often, yes. Low speed does not mean low injury, and insurers lean on minimal vehicle damage to dispute causation. The firm has recovered $100,000 in a case involving minimal car damage.

What does it cost to hire the firm?

You pay nothing unless the firm recovers, and consultations are confidential.

Serving Pedestrian Accident Clients Across Miami-Dade

Spencer Morgan Law represents injured pedestrians from Downtown Miami, Brickell, Wynwood, and Little Havana through Coconut Grove, Coral Gables, and Miami Beach. Clients also come from Hialeah, Doral, Miami Springs, and Miami Lakes in the northwest, and from North Miami, North Miami Beach, Aventura, and Sunny Isles Beach along the northern coast. To the south and west the firm serves Kendall, Pinecrest, South Miami, Palmetto Bay, Cutler Bay, and Homestead, along with Sweetwater, Westchester, and the neighborhoods in between. The firm also takes cases across the State of Florida, and Spanish-language services are available.

Speak With a Miami Pedestrian Accident Attorney

If you or a family member was struck while on foot, a Miami pedestrian accident attorney at Spencer Morgan Law can review what happened, explain how Florida’s fault rules apply to your facts, and tell you where the insurance coverage is likely to come from. The consultation is confidential and you pay nothing unless the firm recovers. Call to speak with the team about your case.