pedestrian crossing

If you were a pedestrian and a negligent or reckless driver harmed you, you deserve to hold them accountable for your losses. You should not have to bear the financial consequences of another person’s actions. A Miami pedestrian accident attorney can help you pursue the compensation you need for your medical bills, lost income, physical pain, and emotional suffering.

At Gregg M. Goldfarb, LLP, we partner with premier personal injury lawyers in Miami to seek the justice and financial relief injury victims deserve. Reach out to Gregg today for a free initial consultation with a Miami pedestrian accident attorney. Learn more about your legal options for pursuing compensation.

What Are the Florida Pedestrian Laws?

Florida has various laws in place to protect pedestrians on public roads. Some of the pedestrian laws that Florida motorists, pedestrians, and other road users should know include the following:

  • Pedestrians must follow all traffic control signals at intersections and crosswalks unless otherwise directed by a police officer.
  • Pedestrians must use sidewalks whenever available and may not walk on the roadway.
  • If a road does not have sidewalks, pedestrians should walk on the shoulder on the left side of the roadway, facing traffic approaching from the opposite direction.
  • Drivers must stop and yield at an intersection or crosswalk to allow a pedestrian with a permitted signal to cross or yield to a pedestrian already in the crosswalk.
  • Pedestrians may not walk or run into the path of a vehicle close enough to the pedestrian that the driver cannot stop safely.
  • Drivers may not overtake vehicles stopped to permit pedestrians to cross the roadway.
  • Pedestrians crossing the road other than at a marked crosswalk or intersection should yield the right-of-way to oncoming traffic.
  • Pedestrians may not walk on a limited access highway or an access ramp to a limited access highway.

Finally, all drivers in Florida are legally required to exercise due care behind the wheel to avoid hitting pedestrians.

What Are the Main Causes of Pedestrian Accidents in Miami and Florida?

Many pedestrian accidents occur because motorists drive carelessly or recklessly. Drivers may fail to notice pedestrians or to stop or maneuver in time to avoid colliding with them. Some of the most common driver-related causes of pedestrian accidents in Miami include:

  • Speeding or driving too fast for conditions
  • Reckless driving, including excessive speeding, street racing, or swerving around vehicles stopped for a pedestrian crossing the road
  • Distracted driving, especially using a cell phone while driving
  • Driving under the influence of alcohol or drugs
  • Drowsy or fatigued driving
  • Turning without signaling or checking for pedestrians crossing the intersection
  • Failing to yield the right-of-way
  • Not slowing down or stopping at intersections or marked crosswalks
  • Running red lights or stop signs
  • Backing up out of a parking spot or driveway without looking back

How Many Pedestrians Are Killed in Miami and Florida Annually?

According to the Florida Department of Highway Safety and Motor Vehicles, there were about 9,600 pedestrian crashes statewide in one recent year, and over 800 pedestrians died in those accidents. In Miami-Dade County, there were over 1,500 pedestrian crashes that year, resulting in 95 pedestrian fatalities.

Who Can Be Held Liable for a Miami Pedestrian Accident?

Typically, a driver who hits a pedestrian will bear liability for the pedestrian’s injuries and losses. However, other parties may also bear responsibility depending on the circumstances in a pedestrian accident case. For example, if a truck driver hits a pedestrian while on the clock, the truck driver’s employer may also bear liability for the pedestrian accident.

If a vehicle owner negligently entrusts their vehicle to a driver who hits a pedestrian, the owner could be liable for a pedestrian accident. Negligent entrustment occurs when a vehicle owner knows or should know that the driver they give their vehicle to poses a substantial risk of causing an accident. A driver may pose a substantial risk of causing an accident if they have a poor driving history or are intoxicated by alcohol or drugs.

Finally, a vehicle or auto parts manufacturer may be liable for a pedestrian accident due to a mechanical issue caused by a design or manufacturing defect. For instance, a manufacturer could be liable for a pedestrian accident due to brake failure caused by defective brakes or unintended acceleration caused by defects in the engine or transmission.