Were you recently injured in a pedestrian accident in Miami, FL? You should not be left with a financial burden and uncertainty. Call our Miami pedestrian accident lawyers at Shaked Law Firm at (305) 937-0191. We are here to help you fight for financial damages for your pain and suffering, lost earnings, medical bills, and more.
Shaked Law Firm has represented injured pedestrians and their families in South Florida since 2007. Our award-winning legal team has successfully recovered hundreds of millions of dollars for clients just like you.
Give us a call or contact our Miami personal injury law office online to learn more about how we can help you during your time of need. Your first case evaluation is absolutely free.
How Shaked Law Firm Can Help You After a Pedestrian Accident in Miami, FL
Pedestrians almost always suffer serious injuries in a crash with a vehicle. When you are left with potentially life-long pain, impairment, and medical issues due to a driver’s carelessness, you deserve fair compensation. Recovering the money you deserve can be a challenge without an experienced lawyer to take on the insurance company on your behalf.
Shaked Law Firm was founded by Sagi Shaked Esq., who is double Board Certified in Civil Trial law and one of the youngest lawyers to ever achieve a multi-million-dollar verdict.
Our Miami personal injury lawyers put more than 100 years of legal experience to work on your case to:
- Offer the legal advice, guidance, and support you need
- Investigate your accident to gather and interpret crucial evidence
- Build the strongest negligence case possible with the help of experts
- Ensure your total damages are accurately valued
- Fight back against blame-shifting tactics
- Negotiate with the insurance company to pursue a fair settlement
- Take your case before a jury if the insurance company refuses to make a fair offer
You do not have to take on the uncaring insurance company alone after your accident. Call our Miami, Florida law office today to schedule a free consultation with a Miami pedestrian accident lawyer prepared to fight for you.
Miami Pedestrian Accident Statistics
Pedestrian accidents are on the rise throughout the United States, and nowhere is this more apparent than in South Florida.
Florida, Texas, California, Georgia, and Arizona represent 47% of all pedestrian deaths in the country.
There were 6,590 pedestrian fatalities in the United States in 2019, a 30-year high. Florida pedestrian accidents killed 368 people just during the first half of that year.
According to one study, Florida is America’s most dangerous state for pedestrians. Of the top 10 metro areas with the most pedestrian fatalities, seven are in Florida. Six of the top 10 zones for car accidents involving pedestrians are in Miami-Dade County. After reviewing three years of pedestrian crash data, Miami-Dade County had 41 of the 181 crash zones in the state with Miami and Miami Beach ranking first and second.
In Miami, the most dangerous intersection for pedestrians is Downtown & 2nd. Between 2014 and 2017, the 41 pedestrian crash zones in the county had 3,531 accidents with 166 pedestrian deaths and 576 severe injuries.
What Is My Pedestrian Accident Case Worth?
All personal injury cases need to be evaluated individually. Dozens of factors can affect the value of an injury case. Even very similar accidents with similar injuries can vary widely in terms of value.
Your economic losses must first be calculated to determine how much your case is worth. This includes your current financial losses and projected future losses for ongoing medical needs and diminished earning capacity. Next, your non-economic or personal losses are considered.
Your total economic losses may be multiplied by a factor of 1.5 to 5 to estimate your personal damages. This factor will depend on the severity and type of injuries and their impact on your life.
However, many factors may increase or limit the potential value of your case, such as:
- the strength of your negligence claim
- whether you share blame, and
- the amount of insurance coverage available.
The best way to find out how much your case is worth is through a free consultation with experienced Miami pedestrian accident attorneys.
What Damages Are Available to Pedestrian Accident Victims?
If your injury case is successful, you are entitled to recover compensatory damages from the responsible party.
Compensatory damages are intended to restore what you lost due to the injury. Of course, money cannot erase physical, mental, or emotional injuries, but these losses are still assigned a financial value.
Compensatory damages are divided into two categories.
Economic damages compensate for the financial losses you have suffered, including:
- Medical bills related to your accident
- Future anticipated medical expenses if you require ongoing medical care
- Lost wages while you are off work recovering
- Diminished or lost earning capacity and benefits of employment if you are disabled or impaired and cannot return to your job
- Property damage
- Other financial damages like domestic services, childcare, home or vehicle modifications, and therapy.
You may also recover compensation for your non-economic damages. These are personal losses without intrinsic financial value.
Your non-economic losses may include:
- Pain and suffering
- Distress, and
- Loss of enjoyment of life.
Few personal injury cases that go before a jury may be eligible for punitive damages. Florida law allows juries to award punitive damages if you can show your injuries were caused by the defendant’s wanton disregard for human life or gross negligence.
Am I Still Entitled to Compensation if I’m Being Blamed for a Pedestrian Accident in Miami, Florida?
It is not uncommon for more than one party to be at fault in an accident. Even pedestrians can be found partially to blame for an accident. For instance, you may be assigned some blame if you were crossing the street outside a crosswalk or while distracted. If you are found partially at fault, you are still entitled to seek damages under Florida’s pure comparative negligence rule.
This rule assigns a percentage of blame to all parties involved in an accident. Unlike some states that use a modified comparative negligence rule, you can still seek compensation even if you are mostly to blame for your accident.
It’s important to understand that your recovery will be reduced according to your share of assigned liability. If you are found 80% to blame, your recovery will be reduced by 80%. The purpose of this negligence doctrine is to ensure each party pays its share of the resulting damages.
The insurance company may try to blame you for your accident because the more blame they can shift away from the defendant, the less they must pay. If you are being blamed for your accident, consult with an experienced personal injury lawyer to fight back and preserve your case.
Pedestrian Accidents Can Cause Catastrophic, Debilitating Injuries
In an accident with a motor vehicle, pedestrians have a very high risk of serious injury or death. In a 40 mph collision, a pedestrian has an 85% chance of being killed. Even at low speeds, very serious injuries are common.
Shaked Law Firm represented injured pedestrians who have suffered all types of injuries:
- Soft tissue injuries
- Organ damage
- Nerve damage
- Joint injuries
- Neck injuries
- Back injuries
- Brain injuries
- Spinal cord injuries
- Catastrophic injuries
While the insurance company may undervalue your damages and minimize the severity of your injuries, Shaked Law Firm is on your side. We will fight tirelessly to pursue full compensation for all your losses, including the emotional and psychological impact of your injuries.
What Causes Most Pedestrian Accidents in Miami, FL?
Busy city intersections may seem like the most likely place for a pedestrian accident. However, most pedestrian fatalities in Miami actually happen on local roads away from these crossroads.
There are many factors that may contribute to pedestrian crashes. Both motorists and pedestrians can ultimately be to blame.
Common reasons motorists cause pedestrian accidents include:
- Drunk driving
- Distracted driving
- Fatigued driving
- Inattentive left-hand turns
- Inattentive backing up
- Failing to check crosswalks
Pedestrians may also cause or contribute to an accident by:
- Running into the road
- Playing or standing in a roadway
- Crossing a road outside a crosswalk, particularly at night when visibility is low
- Crossing while under the influence of alcohol or drugs
- Crossing a road while distracted
There are other factors that may contribute to accidents involving pedestrians such as poor intersection design.
How Do I Prove Negligence After a Pedestrian Accident in Florida?
Proving your case and recovering compensation requires proving negligence. At its most basic, negligence means the other party did not use reasonable care. What is considered reasonable depends on the circumstances.
There are four elements of negligence you must prove:
- Duty was owed. This means the defendant owed you a duty to use reasonable care. A motorist always owes other drivers, pedestrians, and cyclists a duty of care to obey traffic laws and exercise caution.
- Duty was breached. This means the defendant failed in their duty by acting or failing to act in a way that was reasonably prudent. A motorist can breach their duty of care by speeding, making unsafe lane changes, or not paying attention.
- Causation. This means the defendant’s failure to uphold their duty is the reason you got hurt.
- Damages. You suffered actual damages as a result of the accident.
Causation is usually the most difficult element to prove. To win your case, you must show that the defendant’s behavior was the “cause in fact” of your accident. This usually means showing that but for their behavior or failure to exercise care, the harm you suffered would not have occurred.
An experienced Miami pedestrian accident lawyer will use many forms of evidence to establish negligence, like:
- Police reports
- Traffic and dash cam footage
- Witness testimony
- Photos and videos of the scene of the accident and damage to the vehicle
- Medical records
Shaked Law Firm may also work with experts whose testimony can strengthen your case. Expert testimony can be crucial to establishing causation and the extent of your injuries.
How Long Do I Have to File a Lawsuit After a Pedestrian Accident in Florida?
The Florida statute of limitations for a personal injury case is four years. If you do not file your lawsuit before this deadline expires, your case will be barred and you will not be able to recover compensation from the at-fault party.
If you lost a family member in a pedestrian accident, you have just two years to file your wrongful death lawsuit.
Contact a Miami pedestrian accident lawyer at Shaked Law Firm today to begin building your case and gathering evidence. The longer you wait, the harder it may be to prove your negligence case and damages.
Contact a Miami Pedestrian Accident Lawyer for a Free Consultation
Have you been injured as a pedestrian by a Miami motorist? Do not let an insurance company mistreat you or minimize your injuries. Call Shaked Law Firm today for a free case review with a Miami pedestrian accident lawyer who cares about you.