Pedestrian Accident Lawyer in Miami

Miami is the second-most populous city in Florida after Jacksonville. The city experiences warm to high temperatures throughout the year. Such temperatures are perfect for anyone who loves the outdoors. But the ever-increasing number of pedestrian accidents in the city and its surroundings is a major issue of concern.

Let's look at some pedestrian accident statistics in Miami to put things into perspective. 

Pedestrian Accidents Statistics Miami, FL

In the Miami area, at least 37 children died between 2009 and 2013 due to pedestrian crashes.

Between 2009 and 2013, at least 1456 cases of pedestrian crashes were reported within Miami-Dade county. The accidents involved at least 1664 pedestrians. 

At least 17% of pedestrian accidents involving kids between 15 to 17 years old in Miami-Dade County resulted in deaths.

Approximately 4% of pedestrian accidents in Miami occur in parking areas. Additionally, 22% occur at intersections, 3% at driveways and alleys, and 57% in other locations across the city. 

West Little River and Brownsville areas recorded the highest number of pedestrian accidents (51) between 2009 and 2013.

The Florida Department of Highway Safety and Motor Vehicles also released another report on the effects of pedestrian accidents in Miami. Here are some key takeaways from the report.

• In 2021, there were at least 1,499 cases of pedestrian crashes in the Miami-Dade area
• In that year, at least 99 pedestrians lost their lives
• Out of 1,499 cases, 1,189 resulted in injuries
• There were 794 bicycle crashes in Miami-Dade County in 2021

From these statistics, one thing is quite clear: pedestrian accidents are a major problem in Miami. 

If you or your loved one has been injured in a pedestrian accident, Morgan & Morgan might be able to help. You deserve compensation for your injuries.

But the truth is, it's never easy to pursue a claim or lawsuit without an attorney. Here are some common obstacles victims of such accidents face in Miami. 

Florida Is a No-Fault State

If injured in a car accident in a no-fault state, your own insurance company pays for your medical bills regardless of who is at fault for the accident. One of the biggest advantages of this system is that you don't have to file complex paperwork with the other driver's insurance company if they are at fault for the accident. In addition, if you're at fault, your insurance company is expected to cover your medical expenses. 

However, the no-fault system has some challenges. Firstly, your Personal Injury Protection coverage will only cover your medical expenses. So if the other party also damaged your property, you'll have to file a claim with their insurance provider.

Secondly, your PIP insurance has a limit. In Florida, you can have up to $10,000 worth of PIP insurance. If your medical bills are higher than $10,000, you'll have to file a claim with the other party's insurance company. 

But if you expect the other party's insurer to write you a check with no questions asked, you're wrong. 

The insurer could claim that your injuries are not serious enough to justify the need for additional compensation. When that happens, you'll have to prove that you need the additional compensation, but that's not always an easy thing to do without the help of an experienced pedestrian accident attorney.

Luckily, Morgan & Morgan car accident lawyers can evaluate your case for free and help you pursue the compensation you need and deserve. 

We have more than 35 years worth of experience dealing with auto insurance companies in Florida and across the US. For this reason, we're familiar with different tactics insurance companies use to jeopardize claims. You count on our experience to help you navigate the challenges of pursuing a claim from the other party when you exhaust your PIP insurance. 

Car Accident Claims Are Time-Barred 

Not being time-conscious is one of the most common mistakes victims of pedestrian accidents make in their pursuit of compensation. More specifically, it's important to note that there's a difference between the statute of limitations and the 14-day accident law in Florida. 
 

Statute of Limitations for Car Accidents in Florida

You have up to four years to file a claim with an insurance company in Florida. This clock begins to count from the accident date. 

The 14-day Accident Law 

If injured in a car accident in Miami or anywhere else in Florida, you have up to 14-days to seek medical attention if you want to file a claim with an insurance company. Unfortunately, many residents are usually unaware of this rule, and as a result, they seek medical attention way past the deadline.

Seeking medical attention after the 14-day rule makes it even more challenging to prove that the pedestrian accident was the reason for your injuries. The insurance company can claim that you got injured elsewhere and that they are not responsible for your compensation. Other insurance companies will claim that you were not injured in the first place.

This further explains why pedestrian accident lawyers recommend seeking medical attention right after the accident. Even if you don't seem to have any signs of injury after the accident, you still need to be evaluated by a doctor. This is because some injuries take time to show. 

Your doctor can identify such injuries and suggest the most appropriate treatment plan for you. Additionally, the doctor will document your injuries by writing an official report, which can be critical when pursuing the claim. If the insurer disputes your injuries, the doctor's report will prove them wrong. 

Insurance Companies Have Legal Counsel, Too

As you pursue a claim against an insurance company, it's important to note that they also have legal counsel. From our experience handling pedestrian accidents in Miami, we've dealt with clients who had received as low as $20 as the initial pre-settlement offer from insurance companies.

Such companies do this because they know they can afford to assemble a legal team to defend them in court when the need arises. In addition, when insurance companies realize that you don't have a pedestrian accident attorney handling your case, they'll manipulate you into accepting the lowest offer possible. 

Some will dare you to take the matter to court if you feel whatever they've offered isn't enough. But, most of the time, many victims of pedestrian accidents give up after considering the costs of suing a giant insurance company. 

As a result, some pay part of their medical bills out of pocket, which is expensive. Some individuals even file for bankruptcy after exhausting all their finances on such unexpected expenses 

If that's what you or your loved ones are going through, Morgan & Morgan car accident lawyers are one phone call away. Because we know that insurance companies hope that you won't be able to afford an attorney, we provide our services on a contingency basis. 

You don't owe us anything unless we win the case. Ideally, you have nothing to lose but so much to gain. 

Pedestrian Accidents Laws Are Complex

Car accident laws in Florida are complex, and when pedestrians are involved, things become even more complicated. For instance, despite being a no-fault state, there are some cases where both parties may be responsible for the accident.

In that case, the comparative negligence law comes into effect. This law reduces the number of damages a plaintiff can recover based on their role in contributing to the injury. 

Here's an example:

A pedestrian is texting when the “walk” signal turns on. The pedestrian then walks into the intersection while texting instead of using the crosswalk. At the intersection, the pedestrian gets hit by a drunk driver. 

The court rules that the pedestrian is at fault for not being careful while crossing the road. The driver is also found liable for driving while intoxicated. 

Although texting while walking is not illegal, the defense could claim that a careful pedestrian would have avoided the intersection while crossing the road. For this reason, the court could decide that the pedestrian was 30% at fault and the other driver 70% responsible for the accident.

However, when you contact Morgan & Morgan to handle the claims process on your behalf, you don't need to worry about such complex issues. At Morgan & Morgan, we've been providing legal representation for car accident victims in Florida for over three decades. In fact, the first-ever Morgan & Morgan firm was launched in Orlando, Florida, in 1988. For this reason, no other injury law firm in the region understands the local car accident laws more than we do.