You were doing something as simple as crossing the street, and now you are the one left dealing with broken bones, hospital stays, and an insurance adjuster who keeps asking whether you looked both ways. That is how auto insurers treat injured pedestrians in Broward County, and it is exactly why having the right legal team behind you matters.
Our pedestrian injury attorneys at Miller & Jacobs Accident Attorneys stand up for injured walkers, joggers, and bystanders across Fort Lauderdale, Pompano Beach, Hollywood, and throughout Broward County. We take every crosswalk accident and pedestrian crash case on a contingency fee basis, so you pay nothing unless we win.
Florida law places a clear duty on every driver to avoid hitting pedestrians, and when that duty is broken, you have the right to pursue a claim. Call (954) 784-2277 for a free consultation.
How Does Miller & Jacobs Approach Pedestrian Injury Cases in Broward County
We approach pedestrian injury cases by locking down the evidence that proves the driver failed to exercise due care and by mapping every insurance policy that may apply to your injuries. Founding attorneys Mark J. Miller and Rick S. Jacobs both served as Assistant State Attorneys before launching our firm nearly two decades ago.
Mark tried more than 70 jury trials across criminal prosecution and insurance defense work. Rick tried more than 160 jury trials and maintained a 98% conviction rate in Miami-Dade County.
Our Process After a Pedestrian Crash
When you reach out following a pedestrian accident in Broward County, we begin the investigation immediately:
- Sending investigators to the scene to photograph crosswalk conditions, traffic signal timing, sight lines, and any remaining physical evidence before it changes
- Requesting traffic camera recordings and private surveillance footage from nearby businesses within days, before the footage loops and gets erased
- Pulling the police crash report and reviewing any citations the responding officer issued to the driver
- Mapping every applicable insurance policy, from the driver's bodily injury liability coverage to your own UM/UIM and health insurance, to identify the full range of recovery options
Our Pompano Beach office at 1600 S. Federal Highway, Suite 1101, sits just minutes from Fort Lauderdale. Every pedestrian crash case runs on contingency, meaning you owe nothing unless we recover money for you.
Communities We Serve
Our pedestrian accident attorneys represent clients in Fort Lauderdale, Pompano Beach, Hollywood, Coral Springs, Pembroke Pines, Miramar, Davie, Plantation, Sunrise, Deerfield Beach, and surrounding areas.
We also accept cases in Palm Beach County, Miami-Dade County, and statewide through our offices in Orlando and Tampa. Beyond pedestrian claims, we handle car accidents, truck collisions, motorcycle crashes, and other personal injury matters across the region.
What Legal Duties Do Drivers Owe to Pedestrians in Florida
Every driver in Florida must exercise due care to avoid colliding with a pedestrian, regardless of where the pedestrian is walking. That obligation comes from Florida Statute § 316.130(15) and applies in crosswalks, on sidewalks, on shoulders, and even when someone crosses mid-block.
How Do Crosswalk Right-of-Way Rules Work
Florida Statute § 316.130(7) requires drivers to stop and remain stopped for any pedestrian who is inside a crosswalk or stepping into a crosswalk on the driver's half of the roadway. This applies at signalized intersections, crosswalks marked with signage, and intersections without active traffic controls. Failing to yield at a crosswalk is a moving violation carrying license points and may serve as direct proof of negligence in a civil injury claim.
Does a Pedestrian Always Have the Right of Way
No. Florida law assigns responsibilities to both sides. Under § 316.130(10), a pedestrian who crosses outside a marked or unmarked crosswalk must yield to vehicles. Under § 316.130(8), a pedestrian may not suddenly step off a curb into the path of a vehicle too close to stop safely.
But even when a pedestrian crosses outside of a crosswalk, the driver's duty of due care under § 316.130(15) never goes away. Jaywalking does not give any driver a free pass to strike someone.
How Does Florida's Comparative Fault System Affect a Pedestrian Accident Claim
Florida's modified comparative fault system reduces your compensation by your share of responsibility and eliminates it entirely if your fault exceeds 50%. Under Florida Statute § 768.81(6), a pedestrian found 30% at fault recovers 70% of total damages. A pedestrian found 51% or more at fault recovers nothing.
What Arguments Do Insurers Use Against Injured Pedestrians
Auto insurers handling pedestrian claims in Broward County almost always look for reasons to place fault on the person who was walking:
- Asserting that you crossed against a Don't Walk signal or stepped into the roadway outside of a marked crosswalk
- Claiming you were wearing earbuds, looking at your phone, or otherwise not paying attention to approaching traffic
- Arguing that dark-colored clothing at night or in low-light conditions made you nearly invisible to the driver
- Citing § 316.130(8) to argue that you darted suddenly into the roadway, giving the driver no time to react
Many of these arguments fall apart under scrutiny. Traffic camera footage, witness accounts, and the physical evidence at the scene frequently tell a different story than the one the insurance company puts together. Preserving that evidence quickly is the single most effective way to counter a blame-shifting defense.
What Compensation Do Pedestrian Accident Victims Pursue in Broward County
Pedestrian crashes inflict injuries that are typically more severe than vehicle-to-vehicle collisions because the human body absorbs the entire force of the impact. Recovery timelines stretch longer, medical costs climb higher, and the personal toll runs deeper.
What Injuries Do Pedestrian Crash Claims Commonly Involve
Pedestrian injury claims in Broward County frequently involve:
- Leg, pelvis, and rib fractures from the initial point of vehicle contact or from the secondary impact with the pavement
- Traumatic brain injuries ranging from concussions to severe closed-head trauma caused by striking the vehicle hood, windshield, or ground
- Spinal cord injuries, herniated discs, and nerve damage that may result in chronic pain or partial paralysis
- Internal bleeding and organ damage from blunt force trauma to the chest or abdomen
Many of these injuries require emergency surgery, weeks of hospitalization, and months of physical rehabilitation.
What Damages Are Available in a Florida Pedestrian Injury Claim
Pedestrian injury claims typically seek compensation across the following categories:
- Costs for emergency care, surgeries, hospitalization, rehabilitation, ongoing therapy, and anticipated future medical treatment
- Income lost during recovery and any long-term reduction in earning ability if the injuries prevent a return to previous employment
- Physical pain, emotional distress, and the loss of ability to participate in activities and relationships that mattered before the crash
- Wrongful death damages for surviving family members if the pedestrian crash resulted in a fatality
Call (954) 784-2277 to talk through the details of your situation. Past results do not guarantee future outcomes. Every case is different, and results depend on the specific facts and circumstances involved.
What Is the Filing Deadline for a Pedestrian Accident Lawsuit in Broward County
Florida gives pedestrian accident victims two years from the date of the crash to file a personal injury lawsuit. Florida Statute § 95.11, as amended by House Bill 837, cut this window from four years to two for negligence claims accruing on or after March 24, 2023. Once that deadline passes, the court dismisses your case regardless of the evidence.
Why Does the Two-Year Window Close Faster Than You Think
A pedestrian injury claim involves a series of steps that each consume weeks or months, and they all need to fit inside that two-year period:
- Reaching a point in medical treatment where doctors have a clear picture of total cost, including any future surgeries or long-term care
- Tracking down traffic camera recordings and business surveillance footage, which property owners and municipalities typically overwrite or delete within a short window
- Negotiating with the driver's auto insurer, who has no incentive to move quickly and every reason to delay
- Drafting and filing a lawsuit if negotiations stall, which requires preparation that itself takes weeks
Pedestrian crashes on government-maintained sidewalks, crosswalks, or roadways in Broward County trigger additional pre-suit notice requirements that may compress your effective timeline even further.
FAQs for Broward County Pedestrian Accident Lawyers
How long do I have to sue after a pedestrian accident in Broward County?
You have two years from the date of the accident to file a lawsuit in Florida under Florida Statute § 95.11. That deadline applies across Broward County and statewide. Once the window closes, the court bars your claim no matter how severe your injuries are.
Do pedestrians always have the right of way in Florida?
Not in every situation. Pedestrians have the right of way in marked and unmarked crosswalks when following traffic signals. They must yield to vehicles when crossing outside a crosswalk. Regardless of who has the right of way, Florida law requires drivers to use due care to avoid hitting pedestrians at all times.
How much does a pedestrian injury attorney in Broward County cost?
We take all pedestrian crash cases on contingency. You pay zero upfront, and we collect a fee only if we secure compensation for you. The first consultation is free and comes with no strings attached.
What if the driver who hit me has minimal insurance coverage?
Your own uninsured or underinsured motorist policy, known as UM/UIM, may fill the gap when the at-fault driver's coverage runs short. We examine every policy connected to you, including auto policies held by household family members, to find every dollar of available coverage.
What are the most common injuries in pedestrian accidents?
Pedestrian crashes routinely cause leg and pelvic fractures, traumatic brain injuries, spinal cord damage, internal organ injuries, and deep soft tissue wounds. Because a pedestrian has no barrier between their body and the vehicle, these injuries tend to be significantly more severe than those sustained inside a car.
Do I need a lawyer after a car hit me while I was walking in Broward County?
If the driver's insurer denies fault, lowballs your claim, or argues that you caused the accident by crossing outside a crosswalk, having legal representation protects your ability to recover full compensation. We take every pedestrian case on contingency, so you owe nothing unless we win your case.
What if I was not in a crosswalk when the driver hit me?
Crossing outside a crosswalk does not automatically disqualify you from filing a claim. The driver still owed you a duty of due care under Florida Statute § 316.130(15). Your compensation may decrease by your share of fault, but a claim may remain viable as long as your responsibility does not exceed 50%.
What if the driver who hit me fled the scene?
Hit-and-run pedestrian crashes are prosecuted as criminal offenses in Florida. Even if the driver is never found, your own uninsured motorist coverage, known as UM, may provide a path to compensation. Filing a police report right away helps law enforcement track down the driver and strengthens your position in any insurance claim that follows.
Reach Out to Broward County Pedestrian Accident Lawyers at Miller & Jacobs
The driver's insurance company began assembling its defense before you were even discharged. Adjusters pulled the police report, reviewed the crosswalk signals, and started piecing together a narrative that places part of the blame on you. Each day that passes without legal representation gives that narrative more room to solidify while your evidence quietly disappears.
We have recovered more than $150 million for injured clients across Broward County, Fort Lauderdale, Pompano Beach, and the rest of Florida. Former prosecutors Mark Miller and Rick Jacobs bring a combined 230-plus jury trials to every case. Call (954) 784-2277 today for a free consultation.
This page provides general information and is not legal advice. Past results do not guarantee future outcomes.