Florida is one of the most dangerous states in the country for pedestrians, and Miami-Dade County consistently ranks among the most hazardous counties in the state.
In 2023 alone, Florida recorded more than 10,000 pedestrian crashes resulting in 778 fatalities and thousands of serious injuries.
In fact, roughly one in five traffic deaths in the state involves a pedestrian. Miami Gardens, with its busy commercial corridors along Northwest 27th Avenue, Northwest 183rd Street, and the area surrounding Hard Rock Stadium, sees its share of these devastating crashes.
When a driver fails to yield, runs a red light, or strikes a pedestrian through distraction or recklessness, the consequences for the person on foot are almost always severe. If you or a family member was hurt in a pedestrian accident in Miami Gardens, an experienced Miami Gardens injury attorney can help you understand your rights and pursue the full compensation you deserve.
Call Rosen Injury Law at (954) 787-1500 or visit our contact page to schedule your free consultation today.
Our Commitment to Every Client
- Nearly 20 years of Florida personal injury experience, including pedestrian accident cases involving serious and catastrophic injuries
- Over $125 million recovered for injured clients and their families throughout South Florida
- Board-certified civil trial attorney Eric Rosen leads our team, a distinction held by fewer than 2% of Florida attorneys.
- Personal, hands-on representation from our attorneys throughout every stage of your case
- No fees unless we win — our firm handles every case on a contingency fee basis
How a Miami Gardens Pedestrian Accident Attorney Can Make a Difference
Pedestrian accident claims are frequently more complex than they appear at first. Insurance companies routinely attempt to shift blame onto the pedestrian, arguing distraction, jaywalking, or failure to use a crosswalk, even in cases where the driver was clearly at fault. Here is why having an attorney in your corner matters:
Proving the driver’s negligence. Florida law requires drivers to exercise due care to avoid striking pedestrians. At marked crosswalks, drivers must stop and remain stopped until the pedestrian has safely crossed. An accident lawyer in Miami Gardens can gather the evidence needed to establish exactly how the crash occurred and demonstrate that the driver failed to meet this legal duty.
Navigating Florida’s no-fault system. After a pedestrian accident, your first source of compensation may be Personal Injury Protection coverage under Florida Statute § 627.736, either from your own household auto policy or, if you have no access to PIP, from the driver’s policy. PIP covers 80% of medical expenses and 60% of lost wages up to $10,000. But pedestrian injuries are frequently severe and far exceed these limits, making the path to full compensation more involved.
Meeting the serious injury threshold. To pursue pain and suffering damages and step outside Florida’s no-fault system, your injuries must meet the serious injury threshold under Florida Statute § 627.737. This includes permanent injury within a reasonable degree of medical probability, significant and permanent scarring or disfigurement, significant and permanent loss of an important bodily function, or wrongful death in Miami Gardens. An attorney can work with your treating physicians to document whether your injuries meet this threshold.
Fighting back against comparative fault arguments. Under Florida Statute § 768.81, Florida follows a modified comparative negligence standard with a 51% bar. Insurance companies frequently argue that pedestrians share responsibility for crashes — claiming the victim was looking at their phone, crossing outside a crosswalk, or wearing dark clothing at night. An attorney can counter these arguments with evidence and make sure any fault assigned to you is accurate and fair.
Calculating your full damages. Pedestrian injuries often involve traumatic brain injuries, spinal cord damage, multiple fractures, and long-term rehabilitation needs. An attorney can work with medical providers and financial professionals to calculate not just your current medical bills but your future treatment costs and any reduction in your ability to earn a living.
Common Causes of Pedestrian Accidents in Miami Gardens
Most pedestrian accidents are preventable and result from driver error, including:
- Failure to yield to pedestrians in marked crosswalks
- Running red lights or stop signs
- Distracted driving, including phone use behind the wheel
- Speeding, which reduces reaction time and increases the severity of impact
- Impaired driving due to alcohol or drugs
- Failure to check for pedestrians before turning at intersections
- Backing out of driveways or parking spaces without checking for foot traffic
What to Do After a Pedestrian Accident in Miami Gardens
The steps you take immediately after a crash can significantly affect your claim:
- Call 911 and make sure a police report is filed.
- Seek medical attention right away, even if your injuries initially seem minor — some serious injuries are not immediately apparent.
- Remember Florida’s 14-day PIP rule under § 627.736: you must receive initial medical treatment within 14 days of the accident or you lose access to PIP benefits entirely.
- Photograph the scene, the vehicle, road conditions, crosswalk markings, and any visible injuries.
- Collect contact information from the driver and any witnesses.
- Avoid discussing fault or giving a recorded statement to any insurance company before speaking with an attorney.
How Long Do You Have to File a Claim?
Under Florida Statute § 95.11, injured victims generally have two years from the date of the accident to file a personal injury lawsuit. Missing your deadline will almost always result in your claim being permanently dismissed.
Contact Rosen Injury Law Today
A pedestrian accident can leave you facing months of recovery, mounting medical bills, and an insurance company working hard to pay you as little as possible. Our attorneys are ready to take that burden off your shoulders and fight for the full compensation you deserve.
Call us at (954) 787-1500 or reach out through our contact page to schedule your free consultation. We handle every pedestrian accident case on a contingency-fee basis, so you pay nothing unless we win.