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Miami is a walking city in places like Brickell, Downtown, and Little Havana, and that foot traffic shares the road with commuters, delivery drivers, and visitors who do not know the streets. Frankl Kominsky Injury Lawyers represents people hit by vehicles throughout Miami and Miami-Dade County, along with families who lost someone in a pedestrian crash. Our Miami pedestrian accident lawyers review cases at no charge; the firm is available 24/7, and our fee is contingent on recovering money for you.
Drivers and their insurers usually get their side of the story on record first. Call 561-800-8000 so your account and your evidence are protected, too.
Where Do Pedestrians Get Hurt in Miami?
Pedestrian crashes in Miami concentrate where heavy traffic, transit stops, and crowded sidewalks meet. The location tells us which agency took the report, which cameras may have recorded the crash, and which roadway rules applied.
Brickell and Downtown
High-rise living, office towers, and nightlife put thousands of people on foot near Brickell Avenue, Biscayne Boulevard, and the downtown grid. Drivers turning through busy crosswalks, rideshare pickups, and garage exits create constant conflicts with people walking.
Calle Ocho and Little Havana
SW 8th Street draws residents and visitors to restaurants, shops, and cultural events. Wide lanes, frequent turning traffic, and people crossing between parked cars lead to serious pedestrian crashes.
US-1 and the Metrorail Corridor
South Dixie Highway runs alongside the Metrorail line, and many pedestrians cross it to reach stations and bus stops. High speeds and long distances between crosswalks make mid-block crossings especially dangerous.
Flagler Street and Neighborhood Corridors
Flagler Street and similar east-west corridors carry buses, delivery vehicles, and commuters past homes, schools, and storefronts. Drivers rushing through yellow lights and making right turns on red often fail to see people already in the crosswalk.
What Does Our Team Do After a Miami Pedestrian Crash?
Our team takes on the investigation, the insurance claims, and the paperwork that injured pedestrians rarely have the strength or time to manage. Each step targets evidence or coverage that can be lost if no one acts quickly.
After a Miami pedestrian crash, we typically:
- Obtain the crash report, whether Miami police, sheriff's deputies, or state troopers responded.
- Look for traffic, transit, and business video before it is overwritten.
- Identify every insurance policy, including the driver's coverage, your own coverage, and any business policy involved.
- Open personal injury protection claims so early medical bills keep getting paid.
- Track your treatment and work losses to show the full cost of the injury.
- Negotiate with insurers and file suit in Miami-Dade County when a fair offer does not come.
Many of our Miami-Dade clients prefer to work in Spanish or Creole, and our staff can handle those conversations from the first call. We also meet by phone or video, so you never need to travel while you recover.
Who Pays When the Driver Was a Visitor, Renter, or Company Driver?
Many drivers on Miami streets are visitors, seasonal residents, people in rental cars, or employees on the job, and each of those details changes which insurance pays. An injured pedestrian dealing with an out-of-state insurer or a rental company often has trouble even finding out who to call.
The table below shows how coverage usually works for different kinds of drivers.
| Who was driving | Coverage that usually applies to the pedestrian's injury claim | What makes it harder |
|---|---|---|
| A local driver in their own car | The driver's bodily injury liability coverage, if they carry it | Florida does not require most drivers to carry bodily injury coverage |
| A visitor from another state | The driver's home-state auto policy | The insurer may be unfamiliar with Florida rules and slow to respond |
| A rental car driver | The driver's personal policy and any coverage bought at the counter | Federal law generally shields the rental company itself from liability |
| An employee or delivery driver on the job | The employer's commercial policy, in addition to the driver's own coverage | Employers often dispute whether the driver was working at the time |
| An uninsured or unidentified driver | Your own uninsured motorist coverage, or a household family policy | Policy terms and notice requirements must be followed closely |
The federal rule protecting rental companies, known as the Graves Amendment, makes it especially important to find every other policy that might apply. We track down those policies so a serious injury is not limited to one small one.
How Do Insurers Push Back on Miami Pedestrian Claims?
Insurers push back on Miami pedestrian claims by arguing that the person walking caused or contributed to the crash. Under section 768.81(6), any fault assigned to the pedestrian reduces the recovery, and fault above 50% bars it.
Common Insurer Arguments
Adjusters often claim a pedestrian crossed against the signal, walked outside a crosswalk, or was looking at a phone. Florida's pedestrian rules apply to drivers too, including the duty to yield in crosswalks and to use due care around people on foot.
A Biscayne Boulevard Example
Suppose a driver turning right onto Biscayne Boulevard strikes a pedestrian in the crosswalk, and the damages are valued at $250,000. If a jury decides the pedestrian started across a moment after the signal changed and assigns 10% of the fault, the pedestrian recovers $225,000.
How Long Miami Pedestrians Have to Sue
A pedestrian struck on or after March 24, 2023, generally must sue within two years, as section 95.11(5)(a) provides. A crash involving a county bus or other government vehicle follows separate notice rules, so timing should be confirmed early.
Where Cases Are Heard
Miami is part of Florida's 11th Judicial Circuit, and larger pedestrian injury lawsuits are filed in Miami-Dade County circuit court. Local juries see many pedestrian cases, and how a claim is prepared for that audience matters.
Pedestrian Injuries and What They Cost
Pedestrians struck by vehicles often suffer injuries that require surgery, long rehabilitation, and time away from work. A claim needs proof of both the immediate costs and the long-term effects.
Injuries we often see in pedestrian cases include:
- Leg, hip, and pelvic fractures from the first point of impact
- Head and brain injuries from striking the vehicle or pavement
- Spinal injuries that affect movement and work
- Shoulder, wrist, and hand injuries from bracing for the fall
- Facial injuries and scarring
We work with treating doctors to document each injury and the care it will require. That documentation is what turns an insurer's early estimate into a realistic valuation.
When a Pedestrian Crash Takes a Life
When a Miami pedestrian crash is fatal, Florida law lets the personal representative of the estate bring a wrongful death claim on behalf of the surviving family. Grieving families should not also have to deal with adjusters, reports, and court deadlines.
What the Family's Claim Covers
A wrongful death claim can include lost financial support, lost companionship and guidance, and medical and funeral costs. The estate may also recover certain losses of its own, such as earnings the person would have saved.
How We Help
Our attorneys handle the investigation, the communication with insurers, and the coordination with the estate. Families can then focus on one another while the claim moves forward.
What Our Firm Has Recovered
Our firm's published results include recoveries for facial, hip, knee, and hand injuries, such as:
- $1,000,000 for facial injuries, a hand fracture, a facial fracture, and spine injuries
- $550,000 for cervical, lumbar, and hip injuries
- $300,000 for cervical, orthopedic, and knee injuries
- $150,000 for a hand fracture and knee injury
The amount any claim brings depends on its own injuries, proof, and available insurance, and these results are not a promise of a similar outcome.
Why Miami Pedestrians Choose Frankl Kominsky
Miami pedestrians choose Frankl Kominsky Injury Lawyers because we bring the investigation and insurance experience that a serious pedestrian claim needs. We meet Miami-Dade clients by phone, by video, or at our Pompano Beach office, whichever is easiest during recovery.
Our clients count on:
- A lawyer who personally leads the case and keeps them informed
- Over $250 million recovered for injured clients
- 60+ years of combined injury law experience
- A BBB A+ rating and over 2,000 verified client reviews
- Recognition from Super Lawyers and National Trial Lawyers Top 40 Under 40
- Media coverage from the Miami Herald, NBC, and CBS
- Staff fluent in Spanish and Creole
Our first conversation costs nothing, and we are paid only from a recovery. Call 561-800-8000 to get started.
Miami Pedestrian Injury Questions
What if I was hit by a Metrobus while crossing the street?
A pedestrian struck by a Miami-Dade County bus can bring a claim against the county, but the claim must first be presented in writing to the county before a lawsuit is filed. Florida law also caps what a county pays, so other responsible parties, such as a private driver who contributed to the crash, are worth identifying.
What if I was hit while jogging or walking a dog at night?
Being out at night does not prevent a Florida pedestrian from recovering compensation. Lighting, the driver's speed, and whether the driver was watching the road usually matter more than the time of day, though reflective clothing and lights can come up in fault arguments.
What if a valet or hotel driver hit me outside a Miami hotel?
A valet driver who injures a pedestrian may create claims against the valet company, the hotel, or both, depending on who employed the driver and who controlled the area. Valet tickets, staffing contracts, and property video often identify the responsible business.
Can I recover the cost of my phone, glasses, and clothing?
Personal property damaged in a pedestrian crash in Florida, such as a phone, eyeglasses, or clothing, can be included in a claim against the at-fault driver. Receipts or photos of the damaged items help establish their value.
How long does a Miami pedestrian accident case take?
A Miami pedestrian case can resolve in a few months when injuries heal quickly and fault is clear, or take a year or more when injuries are severe or a lawsuit is filed. Settling before your doctors understand your long-term condition can leave future costs uncovered.
The Right Help After a Miami Crash
A pedestrian crash can turn a daily walk into a long stretch of surgeries, therapy, and missed work. The driver's insurer should not be the one setting the terms of your recovery.
Frankl Kominsky Injury Lawyers stands ready to help injured pedestrians throughout Miami-Dade County. Whenever you are ready, call 561-800-8000; a Miami pedestrian accident lawyer will review your situation free of charge.
