Pedestrian Accident Attorney

When it comes to battle between man and machine in the movies, man always prevails. Unfortunately, that is not true in real life, at least for pedestrian accident victims. In Florida, there were 9,524 pedestrian crashes in 2021, and 77% (7,335) of those accidents resulted in injuries and 838 fatalities.

Pedestrian-vehicle accidents are the most common causes of pedestrian accident injuries. However, a pedestrian can also sustain serious injuries from open maintenance holes, poorly constructed sidewalks, or dangerous conditions on private or public properties. In any case, a pedestrian accident attorney from Diamond & Diamond Lawyers can ensure that they receive the financial compensation needed to recover from their personal injury.

Diamond and Diamond personal injury lawyers have a successful track record in handling pedestrian accident cases in Miami and Toronto. We have many years of experience negotiating with insurance companies and pursuing claims against negligent drivers and other liable parties for personal injury and wrongful death cases.

 We have a personalized approach to the attorney-client relationship and customer service. All our clients receive the respect, sympathy, and attention they deserve as people who were injured due to the negligence of others.

Get qualified legal advice from a Diamond Law pedestrian accident attorney by availing our free consultation!


What Our Clients Are Saying

“Even though we were going through a pandemic, the whole team fought very hard for me nonstop. They kept me very informed of every step of the process and made sure I understood everything. Anytime I had questions, they were very prompt in making sure I had answers. I would highly recommend this Law Firm to anyone needing Legal advice. Very trustworthy. I am very pleased with the overall outcome of my case and very appreciative and grateful for everything Diamond and Diamond did for me.”

– Biso Biso

 “I am beyond grateful for Diamond & Diamond Lawyer’s for helping us with my Dad’s case. Thank you so much, and the staff are really helpful & respectful to their clients. Thank you for what you do.”

– Kristine Thomas

“Diamond and Diamond did a great job on my case. They always answered all of my questions and made me feel like I was in good hands and had nothing to worry about. Thank you.”

– Lee Cook

Reasons Why Pedestrian Accidents Occur

According to a Smart Growth America report, Florida has the dubious honor of being the most dangerous US state for pedestrians in 2021. Additionally, the report finds Miami-Fort Lauderdale-West Palm Beach the 13th most dangerous metropolitan region.

The report identifies how states and local transportation agencies design roadways and crosswalks that put more value on vehicular speed, which gives rise to these dangerous situations, than on pedestrian safety. However, pedestrian behavior and driver negligence also play a part in the high frequency of pedestrian accidents in Miami. The most common causes of pedestrian injuries include:

  • Aggressive driving
  • Crosswalk placements that disregard the flow of traffic
  • Distracted driving, such as texting while driving
  • Driving too fast when the conditions don’t permit it
  • DUI of alcohol or drugs
  • Not yielding to pedestrians at a crosswalk
  • Inadequate sidewalk and street lighting
  • Jaywalking
  • Malfunctioning traffic signals
  • Overtaking at an intersection
  • Running a red light
  • Uneven sidewalks, leading to slip and fall injuries
  • Unsafe or illegal turns

Injuries that Pedestrians Can Suffer in an Accident

Given the size, speed, and the weight of vehicles, pedestrians generally sustain serious injuries in a vehicular accident. These injuries include the following:

  • Lacerations (deep cuts) and contusions (bruises)
  • Internal injuries, including major organ damage
  • Head injuries, such as concussion and traumatic brain injuries
  • Eye injuries and loss of vision
  • Spinal cord injuries, including paralysis
  • Orthopedic injuries, such as broken bones or loss of limbs
  • Soft tissue injuries
  • Crushing injuries
  • Wrongful death

Things to Do After a Pedestrian Accident

A pedestrian accident is traumatic for everyone involved. However, it is vital to remain calm and not panic.

The most important thing you should do when you hit a pedestrian with your car is stop. Do not flee the accident scene, as it will only make the situation worse. 

Under the Aaron Cohen Life Protection Act, you could face up to four years in prison from a hit and run accident if the victim sustained personal injuries or died. Call 911 and render whatever aid you can to the injured pedestrian until they can get medical treatment.

If you are the pedestrian and sustained injuries in a car accident, seek medical attention as soon as possible. Try not to move, especially if you have head and neck injuries, as you could make them worse.

Whichever side of the accident you are in, document the scene of the accident as thoroughly as you can. Try to get statements from witnesses and obtain copies of the police report and medical records. Exercise caution, however, about what you say to the police officer writing up the report, as it can be used as evidence against you in court.

Consequences of a Pedestrian Accident

A pedestrian accident may have civil or criminal consequences or both if it results in injuries or wrongful death. The penalties will depend on the circumstances of the case. A pedestrian accident lawyer will evaluate your case to see if it qualifies for civil or criminal penalties or both.

Most car accidents do not carry criminal charges unless the driver is in violation of a law that leads to the endangerment of others, which include the following:

  • DUI
  • Texting while driving
  • Speeding
  • Failing to yield
  • Running a stoplight
  • Reckless driving
  • Hit and run

Depending on the extent of harm to the pedestrian, criminal charges may be either a misdemeanor or a felony. If an accident results in death, it is a felony (vehicular manslaughter) and the penalties may include prison time, fines, and victim restitution.

As an injured pedestrian, you may be able to recover compensation from their health insurance provider, the driver’s car insurance company, or worker’s compensation. Civil liability may also be on the table if you can prove fault and that the accident caused your injuries and losses. Regardless of whether the at-fault party faces criminal charges, you can still file a personal injury or wrongful death lawsuit.

Get the legal help you need from a reputable law firm.

How to Find the Best Pedestrian Accident Attorney

If you need a pedestrian accident attorney in Miami, you should reach out to a reputable law firm. However, given the large number of personal injury law firms in Florida, choosing the right one can be overwhelming. Nevertheless, use the following tips to make sure that you find the lawyer that will give you the best case results:

Ask for References

The quickest way to find a good attorney is to check their reviews online, but it is easy to post fake reviews. You can ask other lawyers for a recommendation or ask the potential law firm for references. Past clients are usually a reliable source of real feedback.

Ask About Their Track Record

Please don’t be shy about asking the pedestrian accident attorney or law firm about their success rate. How many similar cases have they handled? How many resulted in a win or settlement, and how much? Such questions can give you solid insights into what you can expect with your case.

Ask About Rates

It would be best to ask about rates right off the bat because those billable hours can really pile up, especially for a complex personal injury case. Opt for law firms that work on contingency, which means that they only get a part of any awards you receive. However, you may still have to pay for some expenses, such as filing fees, but it will be much less than paying an hourly fee.

While the contingency fee can take a sizable chunk of the financial compensation you receive (typically one-third), you have a lower risk if your case fizzles out. Make sure you get the fee agreement in writing before engaging a personal injury attorney in Miami.

Ask About Specialization

Like doctors, law firms have specialists in their teams. If you want to file a pedestrian accident lawsuit, you want a personal injury lawyer specializing in pedestrian accident cases. A deep understanding of the relevant laws can give you an excellent chance of winning your claim and covering your medical bills.

Diamond Law is the best choice for your litigation needs. Find out why!

Free Case Evaluation


Choose an Experienced Pedestrian Accident Attorney for Your Case

Pedestrian accidents can easily result in serious injuries and death, so engaging the most experienced personal injury law firm is crucial. Diamond & Diamond Lawyers have a vast network of law firms in North America, including offices in 12 cities in Florida. We handle many kinds of personal injury cases, including pedestrian accidents.

If you want to file a personal injury or wrongful death claim for a loved one, you are in the right place. Diamond Law is the right choice when it comes to pedestrian accident cases in Florida.

Ask us about our free case evaluation by calling 1-800-567-HURT or filling out the contact form.

FAQs on Pedestrian Accident Attorney

Florida does not require car owners to purchase bodily injury liability (BIL) insurance to cover injuries or deaths of others, such as from pedestrian accidents. However, if you have car insurance and are a pedestrian injured in an accident, you are covered by personal injury protection (PIP), which can pay for your medical expenses.

Yes, pedestrians may be held partially or wholly responsible for an accident if they act in a reckless manner, such as texting while crossing the street, jaywalking, or darting into oncoming traffic.

The statute of limitations for a personal injury lawsuit in Florida is four years. However, if you are filing a claim with an insurance company, you must do so within 14 days after the accident.