Pedestrian accidents are not random events. They happen at specific intersections, on specific road designs, and because specific drivers fail to yield, look, or slow down. The roads in Homestead, built wide and fast to move vehicles, were not designed to protect the people walking beside them.
Berger & Hicks, P.A. represents pedestrians injured in collisions across Homestead, Florida City, and southern Miami-Dade County.
Our Homestead pedestrian accident lawyers handle cases personally because these complex claims require the dedicated attention and individualized strategy needed to overcome challenges like disputed right-of-way, inadequate road design, and insurance defenses that blame the pedestrian.
Call (305) 670-7050 for a free consultation. There are no fees unless we recover compensation for you.
Schedule Your ConsultationDo You Need a Lawyer for a Homestead Pedestrian Accident Case?
Pedestrian accident claims are uniquely challenging—insurance companies prioritize blaming the person on foot, and critical evidence disappears quickly. For these reasons, injured pedestrians need an advocate with a preparation-first strategy that addresses these challenges directly.
The Challenge of Establishing Fault and Overcoming Blame
Insurance adjusters routinely attempt to shift blame onto the pedestrian, arguing you were outside a crosswalk or distracted, to reduce or deny your claim.
At Berger & Hicks, P.A., our attorneys fight these shared-fault defenses with evidence that the driver’s speed, distraction, or failure to yield was the primary cause of the collision, regardless of where the pedestrian was walking.
We apply Florida's pedestrian statutes to establish the driver's duty to yield or exercise due care under the specific circumstances of the crash.
The Challenge of Time-Sensitive Evidence
Evidence like traffic camera footage, surveillance video, and witness statements can be lost or overwritten within days, and you cannot focus on gathering this documentation while you are recovering from severe injuries.
Our pedestrian crash attorneys immediately begin investigating the collision scene to document road design factors, crosswalk conditions, signal timing, sight lines, and lighting that contributed to the crash. We prioritize preserving time-sensitive evidence, including traffic camera footage, surveillance video from nearby businesses, and 911 recordings.
The Challenge of Calculating Fair Claim Value
Severe pedestrian injuries, such as traumatic brain injuries and spinal fractures, incur massive long-term costs that insurance companies routinely undervalue in early settlement offers.
Your pedestrian injury lawyer at Berger & Hicks, P.A. calculates the fair value of the claim so compensation accounts for your losses, including emergency treatment, surgical costs, brain injury rehabilitation, lost income, diminished earning capacity, pain and suffering, scarring, and long-term impacts on mobility and independence.
The Challenge of Complex, Individualized Cases
Complex claims involving disputed right-of-way and inadequate road design require dedicated, personalized attention that large settlement mills often cannot provide.
Our pedestrian accident attorneys, Martin Berger and Zachary Hicks, handle every case personally. This individualized strategy means dedicated attention to your unique claim.
Attorney Hicks provides fluent bilingual representation in English and Spanish to serve Homestead's diverse community.
What Causes Most Pedestrian Accidents in Homestead?
Driver negligence is the primary cause of pedestrian crashes in Homestead. The most common driver failures that result in pedestrian injuries include:
- Failure to yield at crosswalks where the driver is required by law to stop or slow for a pedestrian who is in the crosswalk or close enough to be in danger
- Left-turn and right-turn collisions where a driver turning at an intersection focuses on vehicle traffic and fails to check for pedestrians in the crosswalk
- Distracted driving involving cell phone use, GPS interaction, or passenger conversation that diverts the driver's attention from the road ahead
- Speeding on multi-lane corridors where higher vehicle speed reduces reaction time and increases the severity of impact with a pedestrian
- Backing collisions in parking lots, driveways, and commercial loading areas where drivers fail to check behind the vehicle before reversing
- Hit-and-run crashes where the driver strikes a pedestrian and leaves the scene. Florida's hit-and-run data shows that 76% of hit-and-run fatalities statewide involve pedestrians or cyclists
Each type of driver error creates a different evidentiary picture. Intersection collisions may be captured by traffic cameras. Parking lot crashes may involve surveillance footage from nearby businesses. Hit-and-run cases may require uninsured motorist coverage from the pedestrian's own auto policy while the investigation continues.
Why Are Homestead's Roads So Dangerous for Pedestrians?
The pedestrian fatality problem in Homestead is not a behavior problem; it is a design problem. The major roads in this part of southern Miami-Dade County were built as high-speed, multi-lane arterials meant to move vehicle traffic efficiently.
Pedestrians were an afterthought in that design, and the crash numbers reflect it. Several overlapping road conditions make walking in Homestead more dangerous than in most communities:
Wide, fast roads with long crossing distances force pedestrians to remain exposed for extended periods.
U.S. Route 1 through Homestead and Florida City is a multi-lane corridor with posted speeds that give drivers less time to react than the crossing distance requires. A pedestrian stepping into a crosswalk on a five-lane road needs more time to cross than the signal typically allows.
Missing or incomplete sidewalk networks in residential and agricultural areas push pedestrians onto the road shoulder or the grassy edge.
Krome Avenue, Palm Drive, and side streets south of Campbell Drive lack continuous sidewalks, leaving walkers less visible to drivers, particularly after dark.
Limited street lighting on high-traffic corridors compounds the risk after sunset.
Stretches of U.S. 1, Krome Avenue, and connecting roads between Homestead and Florida City have inadequate lighting in areas where pedestrian crashes are most common.
Heavy foot traffic near transit stops and commercial areas without protected crossing infrastructure creates dangerous conflict points.
Bus stops along the South Dade TransitWay, shopping centers near the Homestead Pavilion, and the commercial strip along U.S. 1 generate steady pedestrian activity in areas where crossings are uncontrolled or absent entirely.
Agricultural and service-industry pedestrian traffic along roads that were never designed for foot traffic.
Workers walking to and from job sites in the agricultural areas west of Krome Avenue and the commercial zones along U.S. 1 face a heightened risk on roads with no pedestrian infrastructure.
These conditions are not unique to Homestead, but they are concentrated here in ways that make southern Miami-Dade County one of the most dangerous areas in the state for anyone on foot.
What Rights Do Pedestrians Have Under Florida Law?
Florida law assigns specific duties to both drivers and pedestrians at crosswalks, intersections, and roadways. Understanding these rules matters because insurance companies frequently argue that the pedestrian violated a traffic rule and caused or contributed to the collision.
Under Fla. Stat. § 316.130, the key rules governing pedestrian rights and duties include:
| Situation | Rule |
| Crosswalk with signage | Driver must stop and remain stopped for a pedestrian in the crosswalk or stepping into it |
| Crosswalk without signals or signage | Driver must yield the right-of-way, slowing or stopping as needed, when a pedestrian is on the driver's half of the roadway or approaching closely enough to be in danger |
| No crosswalk available | Pedestrian must yield the right-of-way to vehicles, but drivers must still exercise due care to avoid striking any pedestrian |
| Sidewalk available | Pedestrian must use the sidewalk where one is provided and accessible |
| No sidewalk available | Pedestrian may walk along the roadway, on the left side facing traffic when practicable |
| Vehicle stopped at crosswalk | Other vehicles approaching from behind may not overtake and pass the stopped vehicle |
One rule that insurance companies frequently misapply is the pedestrian's duty to yield outside of a crosswalk. While pedestrians must yield to vehicles when crossing outside a marked or unmarked crosswalk, Florida law also requires every driver to exercise due care to avoid colliding with any pedestrian on the roadway.
A driver who sees a pedestrian and fails to slow down or take evasive action may still be liable even if the pedestrian was outside a crosswalk.
Injured? Contact a Homestead pedestrian injury attorney now at (305) 670-7050. Consultations are free.
Schedule Your ConsultationAsk Berger & Hicks, P.A.
Q: I was hit by a car while crossing the street in Homestead. Do I have a case?
A: You may have a case if the driver failed to yield, was distracted, was speeding, or otherwise failed to exercise due care. Drivers must yield to pedestrians in crosswalks and exercise due care to avoid striking any pedestrian on the roadway. Even if you were not in a crosswalk, the driver may still bear the majority of fault depending on speed, visibility, and reaction time.
Q: What if I was jaywalking when the car hit me?
A: Crossing outside a crosswalk does not automatically bar your claim. Florida law assigns duties to both pedestrians and drivers. While a pedestrian crossing outside a crosswalk must yield to vehicles, the driver still has a legal obligation to exercise due care to avoid hitting anyone on the roadway.
Q: The driver who hit me left the scene. What are my options?
A: Hit-and-run pedestrian crashes may still produce compensation through uninsured motorist (UM) coverage on your own auto insurance policy. A hit-and-run crash may trigger UM benefits under your own auto policy, depending on your coverage and the facts of the crash. An attorney may review your insurance coverage while law enforcement investigates.
What Damages May Be Available After a Homestead Pedestrian Accident?
After a Homestead pedestrian accident, victims may recover compensation (damages) for all losses, including: medical expenses (emergency treatment, surgery, and rehabilitation), lost income, diminished earning capacity, and non-economic damages such as pain and suffering, and scarring.
The value of a pedestrian accident claim depends on the severity and permanence of the injuries, the cost of past and future medical treatment, the impact on earning capacity, and the strength of evidence proving the driver's negligence. No two cases produce identical results.
Lower Extremity Injuries and Long-Term Mobility Costs
The initial point of contact in most pedestrian collisions is the legs. Broken femurs, shattered tibias, torn knee ligaments, and crushed ankles frequently require surgical repair with hardware, months of physical therapy, and in severe cases amputation.
Compensation for these injuries may include emergency surgery, hospitalization, rehabilitation, prosthetic devices, home modifications for wheelchair access, and lost income during a recovery that may last a year or longer.
When the injury permanently limits the ability to walk, stand, or return to physical employment, diminished earning capacity becomes a significant component of the claim.
Traumatic Brain Injuries and Cognitive Impairment
When the impact throws a pedestrian onto the vehicle hood or pavement, the head often strikes a hard surface. Concussions, skull fractures, and severe traumatic brain injuries may cause cognitive impairment, memory loss, personality changes, and long-term disability.
Compensation may cover neurological treatment, cognitive rehabilitation, ongoing therapy, in-home care for patients who lose the ability to live independently, and the full scope of lost future earnings when the injury prevents a return to any form of employment.
Spinal Cord Injuries and Paralysis
The twisting and compression forces of a vehicle striking a pedestrian may cause herniated discs, vertebral fractures, and spinal cord damage, resulting in chronic pain, limited mobility, or paralysis. The lifetime cost of living with a spinal cord injury is substantial.
Compensation may include surgical intervention, long-term physical therapy, adaptive equipment, vehicle modifications, home renovations, attendant care, and the economic impact of permanent disability on the person's earning capacity and independence.
Internal Organ Damage
Blunt force impact to the chest and abdomen may cause internal bleeding, ruptured organs, and broken ribs. These injuries may not produce visible symptoms immediately, making prompt medical evaluation critical.
Compensation may cover emergency surgery, intensive care, follow-up monitoring, and the lost wages incurred during an extended hospitalization and recovery that the pedestrian did not anticipate.
Facial Injuries and Permanent Scarring
Pedestrians who strike a windshield, vehicle hood, or pavement face-first may sustain facial fractures, broken teeth, lacerations, and permanent disfigurement.
Compensation for these injuries may include reconstructive surgery, ongoing dental restoration, scar revision procedures, and non-economic damages for the emotional distress and diminished quality of life that visible scarring causes.
FAQs About Pedestrian Accident Claims in Homestead
How long do you have to file a pedestrian accident lawsuit in Florida?
Florida law gives you two years from the date of a pedestrian accident to file a personal injury lawsuit under Fla. Stat. § 95.11(5)(a). Evidence like traffic camera footage, surveillance video, and witness memories degrades well before that deadline. Consulting an attorney early helps preserve what matters most to your claim.
Does my own car insurance cover me if I was hit as a pedestrian?
It may. If you carry PIP coverage on your own auto insurance policy, those benefits may cover part of your medical expenses and lost wages regardless of fault, up to policy limits, if you seek treatment within 14 days. Uninsured/underinsured motorist coverage on your auto policy may also apply if the at-fault driver has insufficient coverage or left the scene.
What if poor road design contributed to my pedestrian accident?
Government entities responsible for designing and maintaining roads may face liability when dangerous road conditions contribute to a pedestrian crash. Missing crosswalks, inadequate signal timing, absent sidewalks, and poor lighting are all factors that may support a claim against the responsible municipality or county.
What if the driver says they did not see me?
A driver's failure to see a pedestrian is not a defense. It may be evidence of inattention. Florida law requires drivers to exercise due care to avoid striking any pedestrian on the roadway. If the driver was not looking, was distracted, or failed to scan crosswalks before turning, their failure to see you supports a negligence claim rather than excusing it.
Don’t Fight the Insurance Company Alone – Call Berger & Hicks, P.A.
Pedestrian accident claims draw a specific kind of pushback. The insurer argues you crossed in the wrong place, wore the wrong clothes, or walked when you should have waited. They frame the collision as a choice you made rather than a failure by the driver. That framing works when no one challenges it.
Berger & Hicks, P.A. challenges it with evidence, with Florida's pedestrian statutes, and with the willingness to take the case to trial if the insurer refuses to offer fair value.
Your consultation is free. Call (305) 670-7050 to talk through what happened with a dedicated Homestead pedestrian accident lawyer.
Past results do not guarantee future outcomes.
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