A driver blaming you for a pedestrian accident does not make you legally at fault. In Florida, fault must be proven with evidence — and under the state’s modified comparative negligence rule (Florida Statute 768.81), an injured pedestrian can still recover compensation even if they share some responsibility, as long as their fault does not exceed 50%. Miami-Dade County recorded 1,873 pedestrian crashes in 2025 alone, according to the Florida Highway Safety and Motor Vehicles (FLHSMV) Crash Dashboard, resulting in 81 deaths. When blame gets directed at the pedestrian, knowing your legal rights makes the difference between walking away with nothing and securing the compensation you deserve.

Key Takeaways

  • A driver blaming you does not legally establish your fault. Evidence determines who is liable.
  • Under Florida’s modified comparative negligence rule (HB 837, 2023), pedestrians found 50% or less at fault can still recover damages, reduced by their fault percentage.
  • Pedestrians found 51% or more at fault are barred from recovering any compensation.
  • Insurance companies use blame-shifting tactics to reduce or eliminate payouts — knowing these tactics helps you respond strategically.
  • Florida law requires drivers to exercise due care to avoid hitting pedestrians, even when the pedestrian has no right-of-way.

A Driver Blaming You Does Not Automatically Mean You Are at Fault

The first thing to understand after a Miami pedestrian accident: blame is not proof. A driver’s statement at the scene, to their insurer, or even in a police report does not legally determine fault. Liability requires evidence.

Florida courts look at the totality of the circumstances. Both the pedestrian’s and the driver’s conduct are evaluated against the applicable traffic laws, physical evidence, and witness accounts.

Fault Must Be Proven With Evidence, Not Assumptions

Establishing fault in a pedestrian accident requires building a picture of exactly what happened before, during, and after the impact. The types of evidence that carry the most weight include:

  • Police report and crash diagram — Documents the officer’s initial observations, road conditions, and any citations issued.
  • Traffic camera footage — Miami intersections throughout Brickell, Downtown, Little Havana, and Wynwood are frequently covered by FDOT or Miami-Dade traffic management cameras.
  • Surveillance video from nearby businesses — Restaurants, gas stations, and retail stores often capture pedestrian-vehicle interactions on private security systems.
  • Witness statements — Bystanders, nearby drivers, rideshare passengers, and store employees can provide independent accounts that neither party can dispute.
  • Vehicle damage analysis — The location and pattern of damage on the vehicle often reveals where the pedestrian was struck and at what angle, which speaks to who had time to react.
  • Skid marks and road evidence — Skid marks reveal braking distance and vehicle speed; their absence can indicate distraction or inattention.
  • Phone records — Subpoenaed cell phone records can confirm whether the driver was texting or on a call at the time of impact.
  • Lighting and roadway conditions — Poor street lighting, faded crosswalk paint, or a poorly timed signal can shift liability toward the city or a third party.
  • Dashcam footage — From the driver’s own vehicle, nearby rideshare cars, or other passing vehicles.

Each piece of evidence either supports or undermines the driver’s version of events. A single surveillance clip from a Walgreens parking lot on Flagler Street can dismantle an entire insurance company narrative.

Why Drivers Often Blame Pedestrians After a Crash

Drivers shift blame for practical reasons. These include:

  • Avoiding personal liability — Admitting fault exposes the driver to a lawsuit and higher insurance premiums.
  • Protecting their insurance rates — At-fault accidents raise premiums significantly.
  • Reducing settlement value — Under Florida’s comparative negligence rule, every percentage point of fault assigned to the pedestrian reduces the driver’s financial exposure.
  • Preventing license consequences — A serious traffic violation conviction can affect a driver’s license and employability.

Insurance companies benefit from this narrative too. If they can push the pedestrian’s share of fault above 50%, they owe nothing under Florida law. That financial incentive drives the blame game from the first phone call after the crash.

Can a Pedestrian Still Recover Compensation If They Are Partly at Fault in Florida?

Yes — in most cases. Florida allows partially at-fault pedestrians to recover damages, but the outcome depends on the exact percentage of fault assigned to each party.

Florida’s Modified Comparative Negligence Rule

Florida House Bill 837, signed into law on March 24, 2023, replaced the state’s previous pure comparative negligence system with a modified comparative negligence standard codified under Florida Statute Section 768.81.

Under this rule:

  • If a pedestrian is 50% or less at fault, they may recover compensation, but the award is reduced by their percentage of fault.
  • If a pedestrian is 51% or more at fault, they are completely barred from recovering any damages.

This is a critical change from the prior law, which allowed even a 99% at-fault party to recover 1% of their damages. The 51% bar creates high stakes in every disputed pedestrian accident claim.

Example — How Shared Fault Can Affect a Miami Pedestrian Accident Claim

Here is a practical breakdown of how the modified comparative negligence rule plays out in dollar terms:

Pedestrian’s Share of Fault Total Damages Recovery After Fault Reduction
0% $200,000 $200,000
20% $200,000 $160,000
40% $200,000 $120,000
50% $200,000 $100,000
51% $200,000 $0 (barred)

 

The difference between 50% and 51% fault is the difference between $100,000 and zero. That gap illustrates exactly why insurance companies invest so aggressively in pushing fault percentages above the threshold.

Why Insurance Companies Try to Increase the Pedestrian’s Share of Fault

Insurance adjusters use a range of tactics to inflate the pedestrian’s percentage of fault, including:

  • Requesting recorded statements early — Adjusters call quickly after the accident, before the pedestrian has medical records or legal advice, hoping to capture statements that can be used against them.
  • Using the pedestrian’s words against them — Phrases like “I wasn’t paying attention” or “I thought it was clear” get incorporated into the insurer’s fault analysis.
  • Citing minor traffic violations — Even crossing a second before the signal changes can be framed as contributory negligence.
  • Lowball offers paired with implied fault — Early settlements are often presented alongside suggestions that the pedestrian bears significant responsibility, pressuring them to accept less than full value.
  • Delaying the claim — Extended delays frustrate injured pedestrians into accepting lower offers to access needed funds.

The goal is always the same: reduce the payout or eliminate it entirely.

Common Accusations Drivers Make Against Pedestrians

Several recurring claims appear in pedestrian accident disputes throughout Miami-Dade County. Each one has a legal and factual rebuttal.

“The Pedestrian Was Jaywalking”

Crossing outside a marked crosswalk affects the fault analysis but does not automatically excuse careless driving.

Under Florida Statute Section 316.130(10), a pedestrian who crosses outside a crosswalk must yield to vehicles. Failure to do so may be considered negligence. However, Florida Statute Section 316.130(15) requires drivers to exercise due care to avoid colliding with any pedestrian, regardless of where they are crossing.

A driver traveling at excessive speed, distracted by a phone, or running a red light cannot escape liability simply because the pedestrian was not in a crosswalk. Both parties’ conduct gets weighed.

“The Pedestrian Ran Into Traffic”

This claim references Florida Statute Section 316.130(8), which prohibits pedestrians from suddenly leaving a curb or other place of safety and walking or running into the path of a vehicle that is so close as to make it impossible for the driver to yield.

The law uses the phrase “so close as to make it impossible.” That is a factual question answered by evidence, including the driver’s speed, the driver’s reaction time, skid marks, and point of impact. A driver traveling 45 mph in a 25 mph zone has a much longer stopping distance than one traveling at the legal limit. At 45 mph, a vehicle requires approximately 152 feet to stop from the moment of perception. That distance is measurable. If the pedestrian entered the roadway within that calculated window, the analysis changes.

“The Pedestrian Was Distracted by a Phone”

Distraction claims against pedestrians carry weight only when supported by evidence. The insurer must prove, not simply allege, that the pedestrian was using a phone.

Evidence required includes:

  • Cell phone records showing active use at the time of impact
  • Surveillance footage showing the pedestrian looking at a device
  • Witness testimony describing distracted behavior

Without that evidence, distraction is speculative. Insurers often raise this claim as a negotiating tactic, not because they can prove it. An experienced attorney can push back by demanding the evidentiary basis for the allegation.

“The Pedestrian Crossed Against the Signal”

Signal timing evidence directly addresses this claim. Miami-Dade’s traffic signal timing data — including cycle lengths, pedestrian phases, and don’t-walk intervals — can be obtained through public records requests from Miami-Dade Transportation and Public Works.

Critically, even if the pedestrian entered against the signal, the driver must still demonstrate they were operating safely and attentively. A driver running a red light from the opposite direction cannot successfully argue the pedestrian crossed against their signal.

“The Driver Couldn’t See the Pedestrian”

Visibility is a driver’s responsibility, not a defense against liability. Florida Statute Section 316.183 requires drivers to reduce speed when approaching intersections, pedestrians, or hazards. Drivers must operate at a speed that allows them to stop within the distance they can see clearly ahead.

Specific visibility factors that can be used against the driver include:

  • Failure to use headlights at night or in reduced visibility conditions
  • Excessive speed in areas with known pedestrian activity
  • Obstructed sightlines from parked vehicles, landscaping, or signage that the driver should have anticipated
  • Failure to account for weather — heavy Miami rainstorms significantly reduce visibility and require reduced speeds

A pedestrian wearing dark clothing at night on a poorly lit stretch of NW 7th Avenue does not automatically bear full fault if the driver was speeding or inattentive.

Florida Pedestrian Laws That May Affect Your Case

Understanding the specific statutes that govern pedestrian-vehicle interactions helps pedestrians contextualize blame accusations and respond accurately.

Crosswalk and Intersection Rules

Florida Statute Section 316.130(7)(a) requires drivers to yield the right-of-way to pedestrians in marked crosswalks when the pedestrian is in the half of the roadway upon which the vehicle is traveling, or approaching closely enough from the opposite half of the roadway to be in danger.

This applies to:

  • Painted crosswalks at signalized intersections
  • Unmarked crosswalks at intersections — defined as the extension of the sidewalk line across the road, even without painted markings
  • Mid-block crosswalks with or without pedestrian signals

Many Miami pedestrian accidents occur at unmarked crosswalks. Drivers frequently argue that because there was no painted crosswalk, they had no duty to yield. This is legally incorrect. Florida law recognizes unmarked crosswalks at intersections, and the same yielding requirements apply.

When Pedestrians Must Yield to Vehicles

Florida law does require pedestrians to yield in certain situations:

  • Crossing outside a crosswalk (Section 316.130(10)): Pedestrians must yield to all vehicles.
  • Using pedestrian tunnels or overhead crossings (Section 316.130(11)): Pedestrians must use these facilities when available and must not cross the adjacent roadway.
  • Diagonal crossing (Section 316.130(14)): Pedestrians may not cross a roadway intersection diagonally unless authorized by official traffic control devices.

These rules can create partial fault for the pedestrian. But partial fault — at 50% or under — still allows recovery under Florida’s modified comparative negligence standard.

Drivers Still Have a Duty to Avoid Hitting Pedestrians

Florida Statute Section 316.130(15) states plainly that no driver shall fail to “exercise due care to avoid colliding with any pedestrian.” This duty applies regardless of whether the pedestrian is in a crosswalk, jaywalking, or even technically violating a traffic rule.

This provision exists precisely because pedestrians are the most vulnerable road users. A two-ton vehicle striking a human body at 30 mph causes catastrophic harm. The law reflects that disparity. Drivers cannot simply point to a pedestrian’s technical violation and walk away from liability.

Evidence That Can Prove the Driver Was Actually at Fault

Building a successful pedestrian accident claim in Miami requires assembling evidence quickly. Much of it disappears within days.

Traffic Camera and Surveillance Footage

Miami has extensive camera coverage throughout its urban core. Footage sources include:

  • FDOT SunGuide cameras on major corridors like US-1, Brickell Avenue, and Flagler Street
  • Miami-Dade County traffic management cameras at signalized intersections
  • Private business security cameras — restaurants, gas stations, pharmacies, banks, and hotels frequently face the street
  • Rideshare and delivery vehicle dashcams — Uber, Lyft, and DoorDash drivers often capture footage from adjacent lanes
  • Miami-Dade Transit bus cameras — MDTA buses are equipped with exterior cameras that may capture adjacent crashes

Most private businesses overwrite footage within 24 to 72 hours. A preservation letter must go out immediately after the accident to prevent that evidence from disappearing.

Witness Statements

Independent witnesses carry significant credibility with insurers and juries because they have no financial stake in the outcome. Witnesses at Miami crash scenes can include:

  • Pedestrians waiting to cross at the same intersection
  • Drivers stopped at the red light adjacent to the crash
  • Store employees observing from storefront windows
  • Restaurant patrons seated near the sidewalk
  • Joggers, cyclists, or other pedestrians in the area

Witnesses’ contact information should be gathered at the scene when possible. Over time, memories fade, and people become harder to locate.

Police Reports and Crash Diagrams

The police report documents the responding officer’s observations, statements from both parties, road and weather conditions, and any citations issued. It often includes a crash diagram showing vehicle positions and direction of travel.

Police reports carry weight, but they are not the final word on liability. Officers make initial determinations without the benefit of surveillance footage, full witness testimony, or accident reconstruction analysis. Reports can be challenged with contradictory evidence. If a report incorrectly suggests the pedestrian was at fault based on incomplete information at the scene, an experienced attorney can present a corrected factual picture.

Driver Behavior Before the Crash

Evidence of the driver’s pre-impact conduct frequently proves negligence:

  • Speeding — Vehicle black box (EDR) data records speed, throttle, and braking in the seconds before impact
  • Distracted driving — Cell phone records obtained through discovery reveal active calls or texts at the time of the crash
  • Failure to yield — Signal timing data shows whether the driver had a green light
  • Rolling right turns — Drivers who turn right on red without stopping fully often strike pedestrians crossing with the signal
  • DUI — Blood alcohol or substance test results from post-crash law enforcement
  • Aggressive driving — Witness testimony and prior traffic citations establish a pattern of dangerous behavior

Medical Records and Injury Patterns

Injury location and type often correlate directly with the mechanics of a pedestrian-vehicle impact. Orthopedic and trauma surgeons can explain how specific fractures or soft tissue injuries occur based on impact direction, vehicle height, and speed.

Common pedestrian impact injuries include:

  • Bumper fractures — Tibial and fibular fractures caused by direct vehicle-bumper contact at leg height
  • Hood impact injuries — Head, thorax, and upper extremity trauma from contact with the hood or windshield
  • Coup-contrecoup brain injuries — Traumatic brain injuries caused by the brain striking the inside of the skull upon impact and rebound

Medical records serve dual purposes: they document the severity of harm for damages calculations and help reconstruct what physically happened during the crash.

Accident Reconstruction When Fault Is Heavily Disputed

When liability is contested and stakes are high, a certified accident reconstructionist can analyze:

  • Pre-impact vehicle speed — Calculated from skid marks, crush depth, and EDR data
  • Stopping distance — Whether the driver had sufficient time and distance to avoid the pedestrian
  • Point of impact — Determined from debris, fluid trails, and vehicle and road evidence
  • Pedestrian movement — Based on surveillance timing, witness accounts, and biomechanical analysis
  • Visibility conditions — Street lighting measurements, weather data, and sightline analysis at the exact time of the crash

Accident reconstruction shifts the conversation from “he said, she said” to objective, measurable physics.

What You Should Do If the Driver or Insurance Company Blames You

Protecting your right to compensation begins at the scene and continues through every interaction with the insurance company.

Do Not Admit Fault at the Scene

Adrenaline, shock, and the instinct to apologize make this harder than it sounds. Avoid any statement that could be interpreted as an admission, including:

  • “I didn’t see them coming.”
  • “I’m sorry, I wasn’t looking.”
  • “Maybe I shouldn’t have crossed there.”
  • “I thought I had more time.”

These statements can be used to increase your assigned percentage of fault. Stick to factual information when speaking to responding officers and limit all other conversation.

Get Medical Care Immediately

Seek emergency medical care even if symptoms seem mild. Several serious injuries — including traumatic brain injuries, internal bleeding, and spinal injuries — produce delayed symptoms.

From a legal perspective, prompt medical treatment establishes causation. Gaps in treatment give insurers grounds to argue that your injuries are not as serious as claimed, or that they resulted from something other than the accident.

Preserve Photos, Clothing, Shoes, and Video Evidence

Document everything while you are still at the scene, or have someone else do it:

  • Photograph the vehicle, license plate, final resting position, and any road markings
  • Photograph your injuries, including lacerations, bruising, and torn clothing
  • Save the clothing and shoes you were wearing — don’t wash or discard them; they may show blood, impact marks, or debris consistent with the crash mechanics
  • Note the condition of streetlights, signal timing, crosswalk markings, and any obstructions
  • Screenshot any social media posts the driver makes after the crash

Avoid Giving a Recorded Statement Without Legal Advice

Insurance adjusters often contact injured pedestrians within hours of the crash, expressing sympathy and asking for a “quick recorded statement to help process the claim.” Do not give one without speaking to an attorney first.

Every word of a recorded statement gets analyzed for admissions, inconsistencies, and opportunities to assign additional fault percentages to the pedestrian. What seems like a harmless description of events can significantly reduce your recovery.

Under Florida law, you have the right to decline until you have legal representation.

Contact a Miami Pedestrian Accident Lawyer Early

The first few days after a crash are critical. Surveillance footage gets overwritten. Witnesses become unavailable. Physical evidence at the scene fades or disappears. The sooner an attorney intervenes, the stronger the case.

An attorney can send preservation letters to businesses, request the police report, interview witnesses, and begin building the factual record before the insurance company controls the narrative.

Evidence That Can Prove the Driver Was Actually at Fault

The following table summarizes the key evidence types, what they prove, and how quickly they must be obtained:

Evidence Type What It Proves Time Sensitivity
Surveillance footage Vehicle speed, pedestrian position, signal status 24–72 hours before overwriting
Police report Initial officer findings, citations, crash diagram Available within 10 days
Witness statements Independent account of the crash Memory fades within weeks
Cell phone records Driver distraction at time of impact Obtained through legal subpoena
EDR (black box) data Pre-impact speed and braking behavior Available until vehicle is repaired or sold
Medical records Injury mechanism, severity, causation Ongoing
Traffic signal data Who had right-of-way Available through public records request

How Jimenez Mazzitelli Mordes Can Help When Fault Is Disputed

At Jimenez Mazzitelli Mordes, we understand what is at stake when an insurance company starts pointing the finger at the pedestrian. Our Miami personal injury attorneys have secured multi-million-dollar verdicts and settlements in complex liability disputes across Miami-Dade County, including cases where insurers initially denied all responsibility.

We Investigate the Crash Independently

We do not rely on what the police report says or what the driver’s insurer claims. Our team conducts its own independent investigation, including:

  • Sending immediate preservation letters to retain surveillance footage from local businesses, transit cameras, and private security systems
  • Interviewing independent witnesses before memory fades
  • Reviewing and challenging police reports where the initial findings were incomplete or inaccurate
  • Inspecting the crash scene to document road conditions, signage, lighting, crosswalk markings, and sightlines
  • Engaging accident reconstruction experts when liability is disputed and stakes are high

We Push Back Against Insurance Company Blame Tactics

Our attorneys have seen every tactic insurers use to inflate the pedestrian’s percentage of fault. We counter recorded statement requests, challenge speculative distraction claims, dispute inflated fault percentages, and, when necessary, prepare the case for trial. Insurance companies respond differently when they know the opposing counsel is trial-ready.

Jimenez Mazzitelli Mordes handles every case with direct attorney oversight, prepared from day one as if litigation will be required. That preparation translates into stronger negotiating leverage and better outcomes.

We Build a Damages Case Alongside the Liability Case

A successful claim requires proving not just who was responsible, but the full scope of what the pedestrian lost. We build a comprehensive damages case that includes:

  • Emergency room costs, surgical expenses, and hospital stays
  • Physical rehabilitation and ongoing medical treatment
  • Future medical care costs for permanent or long-term injuries
  • Lost wages during recovery and reduced earning capacity for career-altering injuries
  • Pain and suffering, emotional distress, and loss of enjoyment of life
  • Permanent disability, scarring, or disfigurement

Our attorneys work with medical experts, economists, and life care planners to document the real cost of the injuries, not just what appears in the first few bills.

We Represent Injured Pedestrians Across Miami and South Florida

Jimenez Mazzitelli Mordes serves pedestrian accident victims throughout Miami-Dade County and across South Florida, including Downtown Miami, Brickell, Wynwood, Little Havana, Coral Gables, Hialeah, Miami Beach, North Miami, Doral, Kendall, and Homestead, as well as Broward and Palm Beach counties. Our office is located at 9350 S. Dixie Hwy PH 5, Miami, FL 33156.

What Compensation May Be Available in a Miami Pedestrian Accident Case?

Injured pedestrians in Miami may be entitled to recover both economic and non-economic damages, depending on the facts of their case and the severity of their injuries.

Medical Expenses

Economic damages for medical costs include:

  • Emergency room treatment and ambulance fees
  • Hospitalization, surgical procedures, and ICU care
  • Diagnostic imaging (CT scans, MRIs, X-rays)
  • Prescription medications and medical equipment
  • Physical therapy and occupational rehabilitation
  • Future medical treatment costs for ongoing conditions

Lost Income and Reduced Earning Ability

Pedestrian accident injuries often force extended absences from work. Recoverable income losses include:

  • Wages and salary lost during recovery
  • Self-employment income lost due to inability to work
  • Long-term loss of earning capacity for injuries that prevent return to prior occupation
  • Value of lost benefits, bonuses, and career advancement opportunities

Pain and Suffering

Florida allows injured pedestrians to seek non-economic damages for:

  • Physical pain experienced during and after the accident
  • Emotional distress, anxiety, and post-traumatic stress disorder
  • Loss of enjoyment of life due to limited mobility or chronic pain
  • Impact on personal relationships and daily activities

Long-Term or Catastrophic Injuries

Severe pedestrian crashes in Miami frequently cause life-altering injuries, including:

  • Traumatic brain injuries (TBI) — Ranging from concussions to permanent cognitive impairment
  • Spinal cord injuries — Including partial or complete paralysis
  • Fractures — Tibial, fibular, pelvic, and skull fractures are common in vehicle-pedestrian impacts
  • Internal injuries — Organ damage from blunt force trauma
  • Amputations — Loss of limb resulting from crush injuries or post-surgical complications
  • Permanent impairment — Lasting limitations in mobility, sensation, or function

Catastrophic injury cases carry higher damages values and require especially careful documentation of long-term care needs. Jimenez Mazzitelli Mordes works with life care planning experts to build a complete picture of what a catastrophically injured client will need for the rest of their life.

Talk to a Miami Pedestrian Accident Lawyer at Jimenez Mazzitelli Mordes

If a driver blamed you for a pedestrian accident in Miami, do not let that narrative go unchallenged. Fault is determined by evidence, not by whoever speaks first or speaks loudest. Florida’s 51% bar under the modified comparative negligence rule means the difference between recovering meaningful compensation and recovering nothing — and that line is exactly where insurers fight hardest.

We at Jimenez Mazzitelli Mordes have the courtroom experience, investigative resources, and track record to fight back. Our attorneys are recognized by Super Lawyers, Florida Legal Elite, and the Multi-Million Dollar Advocates Forum. We work on a contingency fee basis, which means you pay no attorney fees unless we recover compensation for you. Your initial consultation is completely free.

The statute of limitations for most Florida personal injury claims is two years from the date of the accident under HB 837 (2023). Waiting reduces your options. Call us at (305) 548-8750 or schedule a free case evaluation online. We serve clients throughout Miami-Dade County and South Florida, and our team includes bilingual Spanish-speaking attorneys ready to assist Miami’s diverse community.

Frequently Asked Questions

Can a pedestrian recover compensation in Miami if they were partially at fault?

Yes. Under Florida Statute Section 768.81, modified by HB 837 (March 2023), a pedestrian who is 50% or less at fault can still recover compensation. The recovery is reduced proportionally by their fault percentage. A pedestrian found 20% at fault on a $200,000 claim would receive $160,000. A pedestrian found 51% or more at fault is barred from recovering any damages.

What should I do if the driver’s insurance company calls me right after the accident?

Do not give a recorded statement without first speaking to an attorney. Insurance adjusters are trained to gather information that can be used to increase your percentage of fault and reduce their payout. Politely decline and request time to obtain legal representation before any recorded statement is taken.

Does jaywalking mean I cannot sue the driver who hit me?

No. Jaywalking may reduce your recovery if it increases your assigned fault percentage, but it does not automatically bar your claim. Florida Statute Section 316.130(15) requires drivers to exercise due care to avoid hitting any pedestrian, regardless of where they are crossing. The driver’s speed, attentiveness, and ability to stop are all part of the fault analysis.

How long do I have to file a pedestrian accident lawsuit in Florida?

Under Florida law (HB 837, effective March 24, 2023), the statute of limitations for most negligence-based personal injury claims is two years from the date of the accident. Missing this deadline typically eliminates your right to compensation entirely. Contact an attorney promptly to protect your claim.

What if there were no witnesses to the pedestrian accident?

No witnesses does not mean no case. Physical evidence — including skid marks, vehicle damage, crash diagrams, traffic camera footage, and medical records — can establish what happened without eyewitness testimony. An accident reconstruction expert can reconstruct the crash using objective data even in the absence of witnesses.

Can I still file a claim if I did not call the police at the scene?

Yes. A police report is helpful but not required to file a personal injury claim. You can still document the crash through photos, medical records, and your own written account. However, the absence of a police report may require additional documentation to establish the facts, and an attorney can help fill those evidentiary gaps.

How much is a Miami pedestrian accident case worth?

Case value depends on injury severity, medical expenses, lost wages, pain and suffering, permanency of the injuries, and available insurance coverage. Minor injuries may settle for tens of thousands of dollars. Catastrophic injuries involving TBI, spinal cord damage, or permanent disability can result in seven-figure recoveries. A free consultation with a Miami pedestrian accident attorney provides a personalized estimate based on the specific facts of your case.

What if the driver who hit me was uninsured or underinsured?

You may be able to file a claim under your own uninsured/underinsured motorist (UM/UIM) coverage, if you carry it. Florida does not require drivers to carry bodily injury liability insurance, which means many at-fault drivers in Miami carry no liability coverage at all. An attorney can identify all available sources of compensation, including your own UM policy.

Can the driver’s insurance company deny my claim entirely because they say I caused the accident?

Yes, insurers can deny claims. However, a denial is not a final determination. A denial can be challenged through a demand letter, litigation, and ultimately trial. The insurer’s internal fault determination has no binding legal effect. Jimenez Mazzitelli Mordes regularly overturns initial denials through evidence gathering, legal argument, and, when necessary, courtroom advocacy.

How quickly does evidence in a pedestrian accident disappear in Miami?

Very quickly. Most business surveillance systems overwrite footage within 24 to 72 hours. Skid marks and road debris are cleared by maintenance crews and weather. Witnesses become harder to locate over days and weeks. This is one of the most important reasons to contact a pedestrian accident attorney as soon as possible — preservation letters must go out immediately to protect the evidence that wins cases.