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A North Miami pedestrian accident lawyer at Frankl Kominsky Injury Lawyers handles cases most firms turn away: the ones where the driver's insurer blames the person who was walking. NE 125th Street, Biscayne Boulevard, and the stretch near FIU's Biscayne Bay campus see steady foot traffic mixed with fast-moving cars, and the crashes that follow rarely fit a simple script.
At Frankl Kominsky Injury Lawyers, "Never Settle For Less®," we review the police report, the signal timing, and the driver's account early, while the record is still complete. The consultation is free, available 24/7, and reachable at 561-800-8000.
Why North Miami Families Call Frankl Kominsky First
A pedestrian injury claim is decided long before it reaches a courtroom, in the way evidence gets gathered and preserved. We have recovered more than $250 million for injured clients across Florida, with results ranging from $10,000 to $6.5 million.
- Over 2,000 verified client reviews
- 60-plus years of combined litigation experience among our trial team
- BBB A+ rating, Super Lawyers recognition, and a Multi-Million Dollar Advocates Forum member
- Coverage from CBS, NBC, the Palm Beach Post, the Sun Sentinel, and the Miami Herald
- Staff fluent in Spanish and Creole, with a full Spanish-language site
Results may vary. Prior case outcomes do not guarantee similar results.
Our four Florida offices back a statewide practice, and that reach means we already know the Miami-Dade insurers and court procedures a North Miami case will run into. Call 561-800-8000 to start a claim review today.
The Streets Behind Every North Miami Case
North Miami's pedestrian corridors were not built for the volume they carry now. NE 125th Street funnels commuters past shopping plazas with driveways cutting across the sidewalk every block, and a right turn on red brings a vehicle across the crosswalk line at the moment pedestrians are stepping into it.
Along Biscayne Boulevard, six lanes of traffic move at highway speed through a corridor lined with bus stops, and a pedestrian stepping off a Miami-Dade Transit bus has seconds to clear lanes before the signal changes.
A crosswalk accident lawyer in North Miami sees the same arguments repeat. The adjuster says the pedestrian darted into traffic, cites a missing marked crosswalk, or places the person outside a designated crossing zone even when no such zone existed nearby.
We answer that early, pulling traffic camera footage, canvassing nearby businesses for surveillance video, and documenting sightline obstructions such as parked delivery trucks or overgrown landscaping before that evidence disappears.
School dismissal traffic near NE 6th Avenue adds another layer, since parents double-parking create sudden pedestrian movement commuters do not expect. Afternoon storms cut visibility further, and a driver who says the rain made a pedestrian hard to see is not excused from the duty to slow down and watch for foot traffic.
Who Is Liable When a Driver Hits a Pedestrian in North Miami?
The driver is usually liable when a pedestrian hit by a car in North Miami was following traffic signals and using a marked or unmarked crosswalk. Under Florida Statute 316.130(7)(c), a driver must yield the right of way, slowing or stopping if needed, to a pedestrian crossing within a crosswalk.
That right of way is not automatic protection from a fight over fault. Insurers routinely argue the driver could not have reasonably seen or stopped in time, and the same statute requires a pedestrian crossing outside a crosswalk to yield to vehicles.
We build a direct counter using sight-distance measurements, posted speed limits, and vehicle black box data, where a newer car's onboard system recorded speed and braking in the seconds before impact.
Call 561-800-8000 to have a North Miami crash reviewed at no cost.
What If I Was Partly at Fault for the Crosswalk Accident?
Partial fault does not bar recovery under Florida's modified comparative negligence rule, which reduces a recovery by the injured person's own share of fault. Under Florida Statute 768.81(6), a party found greater than 50 percent at fault may not recover at all.
At 50 percent or less, the claim proceeds and the award is reduced by that share. A pedestrian right of way claim in North Miami can still succeed even if the person crossed mid-block, so long as the driver's speed, distraction, or failure to yield carried more of the responsibility.
Because that threshold decides whether a claim survives, the fault percentage is where these cases are won or lost. A detailed written account of the crossing, taken while the memory is fresh, is among the strongest evidence a pedestrian can supply.
What Tactics Do Insurers Use Against Pedestrian Claims?
Insurers lean on three recurring approaches: fast settlement offers, recorded statements that are later read closely for fault-shifting language, and surveillance meant to show a claimant back at work sooner than expected. None of this requires a quick response without legal guidance, and an early offer is rarely the final number.
A fourth argument shows up often in North Miami claims specifically. The position taken is that the lack of a marked crosswalk on a stretch where pedestrians clearly cross every day shifts fault to the person walking, treating an infrastructure gap as the pedestrian's problem.
What a North Miami Pedestrian Claim Can Recover
Compensation in these cases typically covers medical costs, along with lost income during recovery and reduced earning capacity for permanent injuries. Pain, scarring, and the practical loss of activities a client once did without thinking also factor into a claim's value.
Florida's statute of limitations for negligence claims is two years from the date of injury under Florida Statute 95.11(5)(a). Evidence in a pedestrian case disappears long before that deadline, so the practical timeline is much shorter than the statute suggests.
Property damage to items carried at the time, from a phone to a bicycle, rounds out a typical claim.
FAQs: North Miami Pedestrian Accident Lawyer
These questions cover details that come up after the initial case review, once a client understands the basics of fault and compensation.
Do I need a police report to file a pedestrian injury claim?
A police report always helps, but its absence does not end a claim. Witness statements, scene photos, and nearby surveillance footage can establish what happened even when no report was filed.
How long does a pedestrian claim against a driver's insurer usually take?
Straightforward claims with clear liability can resolve in a few months. Cases involving disputed fault or serious injury often take a year or longer, since a claim is not worth valuing until the losses are fully known.
Can I still file a claim if the driver left the scene?
Yes. A hit-and-run case often shifts toward coverage on the injured person's own auto policy, or a household member's policy, that pays when the at-fault driver cannot be identified or carries no insurance. That is uninsured motorist coverage, required to be offered under Florida Statute 627.727.
Will my case go to trial?
Most pedestrian claims settle before trial. We prepare every case as though it will be tried, because a case built for court is also a case built for a serious settlement conversation. If a fair offer does not come, we are ready to try it.
What if the driver was working at the time of the crash?
A crash involving a commercial driver, delivery vehicle, or rideshare driver can bring an employer's insurance policy into play, often with higher limits than a personal auto policy. We check employment and vehicle registration early, since that changes what coverage is available.
Do I need to see a doctor even for minor injuries?
Yes, and see a doctor for your own sake first. On the claim side, a gap between the date of the crash and the date of the first visit is one of the most common arguments an insurer raises to reduce what it pays.
What does a free consultation with Frankl Kominsky involve?
We review the crash details, answer questions about fault and coverage, and outline the next steps at no cost and with no obligation to hire us. Consultations are available 24 hours a day in English, Spanish, or Creole, and nothing is owed unless money is recovered.
Talk to a North Miami Pedestrian Accident Attorney Today
A pedestrian accident case moves fast in the first days after a crash, while insurers gather statements and surveillance footage disappears from nearby businesses.
At Frankl Kominsky Injury Lawyers, we bring 60-plus years of combined experience building pedestrian and traffic cases across Florida, backed by over $250 million recovered and thousands of verified client reviews. Our offices in Boynton Beach, Pompano Beach, Port St. Lucie, and Palm Bay support a statewide practice, and we are ready to review a North Miami crash the same day it happens.
Results may vary. Prior case outcomes do not guarantee similar results.
Call 561-800-8000, available 24/7, for a free consultation in English, Spanish, or Creole. Never Settle For Less®.
