Jeffrey R. Davis, P.A., a Miami personal injury law firm, has represented clients in South Florida who were struck by either a car, truck, or other motor vehicle while crossing or standing near a street or roadway. These claims often involve very serious injuries including traumatic brain injuries, paralysis, bank and neck injuries and sometime cause wrongful death. Many of the victims involved in these case were injured as a result of the automobile drivers negligence and driver failure to yield to the pedestrian’s legal right-of-way.
In 2009, there were 8,248 pedestrian accidents, which left 7,676 injured and caused the wrongful deaths of 482 people in Florida. Source: FL Department of Highway Safety and Motor Vehicles Traffic Crash Statistics Report 2009. In 2001. a State Farm Insurance report names the Broward County intersection of Pembroke Pines and Flamingo Road the most dangerous intersection in the United States. The Miami New Times reported, after analyzing Miami-Dade County records, that the most accident prone areas in Miami Dade County are in Kendall and Doral.
Important Information for Potential Clients that have been involved in a Pedestrian Accident in Miami
Client ask “What should I do if I am involved in an accident?”
- Seek medical treatment if injured. (*Please do not delay urgent medical attention to gather evidence*);
- Take pictures of the accident scene, damage, and injuries;
- Get the information of all people and vehicles involved in the accident, including insurance information;
- Get witnesses’ names and numbers. This includes the names of the responding police officers;
- Do not sign any forms until you have consulted with an experienced accident attorney;
- Contact an experienced attorney in order to preserve evidence and your rights.
Florida Pedestrian & Traffic Laws. To view specific pedestrian and traffic laws please see Florida Statutes §§ 316.075, 316.0755, 316.126, 316.130, or chapter 316 in general. A pedestrian accident victim who received a pedestrian violation citation should not be discouraged from pursuing their personal injury case, because all of the surrounding factual circumstances and laws will be considered to determine legal responsibility for a pedestrian accident.
Insurance Issues:
Personal Injury Protection (PIP): A pedestrian struck by a car in Florida is covered under the PIP benefits of that car’s insurance policy for an amount up to the $10,000 limit. PIP benefits will cover:
- 80% of all reasonable and necessary medical expenses from services lawfully provided by a licensed doctor/dentist/chiropractor,
- 60% of any loss income or loss of earning capacity, and
- death benefits equal to the lesser of $5,000 or the remainder of unused personal injury protection benefits per individual. PIP benefits will apply in many different situations. FLA. STAT. § 627.733.
Personal injury law is our main practice. Personal injury cases arise when the tortious action or inaction of a person or corporate entity causes harm to another individual. “Tortious” acts may be based on negligence, recklessness, intentional acts, or even strict liability in certain cases (such as abnormally dangerous activities and defective products).
