West Kendall Pedestrian Accident Lawyers

A pedestrian struck by a vehicle in Florida has the legal right to compensation when a driver fails to yield, and that right exists even in areas where sidewalks and crosswalks fall short of what foot traffic actually needs. Berger & Hicks, P.A. represents people hit by vehicles while walking through West Kendall's shopping plazas, school zones, and residential streets.

Growing foot traffic along the retail corridors near Kendall Drive and the surrounding neighborhoods has outpaced the crosswalk infrastructure meant to protect it, and drivers turning into busy parking lots often miss pedestrians stepping off a curb. Martin Berger and Zachary Hicks review these collisions directly with clients from the first call.

Call (305) 670-7050 or fill out the contact form on this page to talk through what happened and what coverage may apply to your accident.

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What Should You Know About Pedestrian Accident Claims In Florida?

A pedestrian accident claim in Florida centers on which party had the right of way at the moment of the collision, since Florida law assigns different duties to drivers and pedestrians depending on location. A driver who strikes a pedestrian inside a crosswalk faces a very different fault analysis than one who strikes a pedestrian crossing mid-block.

Florida treats pedestrians as a protected class on the roadway, and drivers carry a heightened duty to watch for foot traffic near intersections, parking lots, and school zones. Establishing exactly where the pedestrian was standing at impact shapes the entire direction of the claim.

Why Choose Berger & Hicks, P.A. For Your West Kendall Pedestrian Accident Claim?

Berger & Hicks, P.A. gives West Kendall pedestrians direct access to Martin Berger and Zachary Hicks, the attorneys who actually handle each case from intake through resolution. 

Martin Berger brings 32 years of trial experience and an AV Preeminent rating from Martindale-Hubbell, one of the highest peer-review distinctions awarded by Martindale-Hubbell, while Zachary Hicks brings 21 years of experience and a Super Lawyers recognition.

Bilingual Representation In English And Spanish

Zachary Hicks became fluent in Spanish during his time in the Peace Corps, and the firm handles pedestrian accident claims in both English and Spanish from the first consultation through any eventual settlement or trial.

No Fee Unless You Recover

Berger & Hicks, P.A. advances the costs of building a pedestrian accident case and charges no fee unless the client recovers, with a free consultation available before any commitment gets made.

Direct Attorney Access, Not A Case Manager

Clients throughout West Kendall, Homestead, and the South Miami suburbs work with Martin Berger or Zachary Hicks directly, rather than being routed through a rotating team of case handlers.

Trial-Ready Representation

Martin Berger has trial experience in personal injury cases throughout his legal career, giving the firm experience preparing cases when a matter does not settle.

Call (305) 670-7050 or complete the contact form on this page to have your pedestrian accident reviewed at no cost.

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Who Has The Right Of Way At A West Kendall Crosswalk?

Right of way at a Florida crosswalk depends on whether the pedestrian is inside a marked or unmarked crosswalk, and Florida law under Florida Statute 316.130 assigns different duties depending on that exact location. 

This distinction determines who bears the primary responsibility once a collision happens.

Crossing Location	Right Of Way Rule
Marked Or Unmarked Crosswalk At A Signaled Intersection	The driver must stop and remain stopped for a pedestrian with a permitted signal.
Crosswalk Without Signals Or Signage	The driver must yield, slowing or stopping as needed for a pedestrian on their half of the road.
Outside Any Marked Or Unmarked Crosswalk	The pedestrian must yield the right of way to vehicles on the roadway.
Vehicle Stopped For A Pedestrian	Any vehicle approaching from behind cannot pass the stopped vehicle.

Florida law recognizes unmarked crosswalks at many intersections, including intersections where pedestrian crossings are permitted under the statute, which catches many drivers off guard during a fault dispute.

Who Can Be Held Liable For A Pedestrian Accident In Florida?

Liability for a Florida pedestrian accident generally falls on the driver who failed to yield, though certain patterns show up more often than others in West Kendall's retail and residential areas. Identifying the exact failure that caused the collision shapes how the claim gets built.

Several recurring scenarios account for a large share of the pedestrian collisions reported in this part of Miami-Dade County.

• Failure To Yield At Crosswalks: A driver proceeds through an intersection without stopping for a pedestrian who has the right of way.
• Parking Lot Backing Incidents: A driver backing out of a space at a shopping plaza fails to check for pedestrians walking behind the vehicle.
• Left Or Right Turn Failures: A driver turning at an intersection focuses on oncoming traffic and misses a pedestrian crossing on foot.
• Distracted Driving: A driver looking at a phone or dashboard display fails to notice a pedestrian already in the roadway.

Each of these scenarios produces different evidence, from parking lot surveillance footage to intersection camera systems, which is why documenting the exact circumstances of the collision matters as much as documenting the injury itself.

Does Your Auto Insurance Cover A Pedestrian Accident In Florida?

Yes, Florida's no-fault insurance system extends personal injury protection coverage to pedestrians struck by vehicles, under Florida Statute 627.736. A pedestrian without a car of their own may still access these benefits through more than one potential source.

Several different policies may apply depending on the pedestrian's own situation and the driver's coverage.

• A Household Auto Policy: If the pedestrian or a relative in their household owns an insured vehicle, that policy's PIP coverage generally applies first.
• The At-Fault Driver's PIP: A pedestrian without available PIP coverage through their own policy or a household policy may have coverage available through the applicable auto insurance policy involved in the accident.
• Uninsured Motorist Coverage: A pedestrian who owns a car with UM coverage may file a claim under that policy if the driver carried no insurance or fled the scene.
• The Driver's Bodily Injury Liability Coverage: Once medical costs exceed the PIP limit and the injury meets Florida's serious injury threshold, a claim against the driver's liability coverage becomes available.

Confirming which policy applies early prevents unnecessary delays in getting initial medical treatment covered after the collision.

What If You Were Partly At Fault For The Accident?

You may still have access to available auto insurance benefits depending on the applicable policies and circumstances of the accident, even without your own health insurance.Florida's modified comparative negligence rule under Florida Statute 768.81 reduces a recovery based on the percentage of fault assigned rather than barring it outright below that threshold.

A pedestrian crossing outside a marked crosswalk, for example, carries a duty to yield to vehicles, which insurers often use to argue partial fault. An accurate account of the crossing location, the traffic signals, and the driver's speed shapes how much that argument actually affects the claim.

What Compensation May Be Available After A Pedestrian Accident?

Compensation after a Florida pedestrian accident depends on the severity of the injury and whether it meets the state's serious injury threshold for non-economic damages. Every case gets evaluated against its own medical documentation and evidence.

Pedestrians injured by a negligent driver may pursue several categories of damages once PIP benefits run out or fall short.

• Medical Expenses: Costs beyond the PIP limit, including emergency care, surgery, and ongoing rehabilitation.
• Lost Wages: Income missed during recovery, along with reduced future earning capacity for serious injuries.
• Pain And Suffering: Physical pain and emotional distress tied to injuries meeting Florida's permanent injury threshold.
• Wrongful Death Damages: Funeral costs and loss of support when a pedestrian accident results in a death.

Pedestrian collisions frequently produce fractures, head trauma, and internal injuries severe enough to clear this threshold, which is part of why these claims often carry significant value once properly documented.

How Do Insurance Companies Respond To Pedestrian Accident Claims?

Insurance companies representing the at-fault driver typically look for any opening to shift blame onto the pedestrian before discussing a fair settlement. Adjusters receive specific training to spot gaps in a pedestrian's account of the crossing.

Certain tactics show up consistently once a pedestrian accident claim reaches a driver's insurer.

• Disputing Crosswalk Location: Arguing the pedestrian was outside the legal crosswalk boundary at the moment of impact.
• Blaming Visibility: Claiming the pedestrian wore dark clothing or crossed during low-light conditions.
• Minimizing Injury Severity: Downplaying soft tissue injuries or concussions as minor despite lasting symptoms.
• Delaying PIP Payments: Slow-walking benefit verification or requiring repeated documentation before releasing payment.

Recognizing these tactics early helps protect a pedestrian's account of the crossing before a recorded statement gets used against the claim later.

FAQ For West Kendall Pedestrian Accident Lawyers

Speak With A West Kendall Pedestrian Accident Lawyer About Your Next Step

Martin Berger and Zachary Hicks review these details directly, in English or Spanish, from the very first call.

Call Berger & Hicks, P.A. at (305) 670-7050, submit the contact form on this page, or visit the firm at 9700 South Dixie Highway, Suite 850, Miami, FL 33156 to talk through what happened.

Schedule Your Consultation