Miami Beach Pedestrian Accident Lawyer
Walking through Miami Beach should be an enjoyable experience, whether you are taking a stroll down Ocean Drive, crossing Alton Road to run errands, or navigating the busy intersections of South Beach. Unfortunately, with heavy tourist traffic, distracted drivers, and congested streets, pedestrian accidents are a harsh reality in our community. If you or a loved one has been struck by a vehicle, the physical, emotional, and financial toll can feel overwhelming. At The Altman Law Firm, led by attorney Jeffrey S. Altman, we stand by injured pedestrians in Miami-Dade County, helping them understand their legal rights and pursue the compensation they need to rebuild their lives.
Common Causes of Pedestrian Accidents in Miami Beach
Miami Beach is a vibrant, densely populated area where foot traffic and motor vehicles constantly overlap. Accidents frequently occur on major thoroughfares like Collins Avenue and Washington Avenue due to a variety of factors. Distracted driving, failure to yield at crosswalks, speeding, and driving under the influence are among the most common causes we see. When drivers fail to uphold their duty of care to share the road safely, pedestrians are often the ones who suffer the most severe consequences.
Understanding Florida Comparative Negligence
If you were hit by a car while crossing outside of a designated crosswalk, you might wonder if you still have a valid claim. Florida operates under a modified comparative negligence system. This means that even if you are found to be partially responsible for the accident, you may still be eligible to recover damages, provided your share of the blame does not exceed a certain threshold. The compensation you receive would simply be reduced by your percentage of fault. Navigating these fault disputes is complex, making a thorough accident investigation essential.
How The Altman Law Firm Approaches Your Case
Building a strong personal injury claim requires prompt action and meticulous attention to detail. Our team works diligently to investigate the circumstances of your accident. This often involves gathering evidence from traffic cameras, interviewing witnesses who saw the collision, and reviewing police reports. We handle the stressful negotiations with insurance companies so you can focus on your medical recovery. While many claims reach a settlement, Jeffrey S. Altman and our team are always prepared to take a case to court in Miami-Dade County if the insurance company refuses to offer a fair resolution.
Statute of Limitations and Wrongful Death Claims
Florida law places strict time limits, known as the statute of limitations, on how long you have to file a personal injury lawsuit. Recent changes to state law have shortened this timeframe for negligence claims, making it critical to act quickly. In the tragic event that a pedestrian accident results in a fatality, eligible family members may have the right to file a wrongful death claim to seek compensation for funeral expenses, loss of companionship, and other damages. Reaching out to a legal professional promptly helps ensure your rights are protected before these critical deadlines expire.
Frequently asked questions
What should I do immediately after being hit by a car in Miami Beach?
Your health is the top priority. Seek medical attention immediately, even if you feel fine, as some injuries are not immediately apparent. Call the police to ensure an official accident report is filed, and if you are able, gather contact information from the driver and any witnesses at the scene.
Can I still pursue a claim if I was not in a crosswalk?
Yes, you may still have options. While pedestrians are expected to use crosswalks, drivers still owe a duty of care to avoid hitting people on the road. Under Florida comparative negligence laws, your compensation might be reduced if you share some fault, but you are not automatically barred from seeking recovery.
How long do I have to file a pedestrian accident lawsuit in Florida?
The statute of limitations for personal injury cases in Florida recently changed, generally allowing two years from the date of the accident to file a lawsuit. However, specific circumstances can alter this timeline. It is highly recommended to consult with a legal professional as soon as possible to avoid missing this deadline.
What kind of compensation is available for injured pedestrians?
Depending on the details of the accident, injured pedestrians may be able to seek compensation for past and future medical bills, lost wages, rehabilitation costs, and pain and suffering. Every case is unique, and a thorough evaluation is necessary to understand the potential damages involved.
Will my pedestrian accident case have to go to trial?
Many personal injury claims are resolved through negotiated settlements with the insurance company outside of court. However, if a fair agreement cannot be reached, filing a lawsuit and going to trial may be necessary. We prepare every case thoroughly so we are ready for court if the situation demands it.
Contact The Altman Law Firm today to discuss your Miami Beach pedestrian accident and learn more about your legal options. Call (305) 373-3730.