PEDESTRIAN ACCIDENTS
At Templer & Hirsch, our experienced personal injury attorneys actively handle cases involving pedestrian accidents.
We understand the unique problems that arise in these types of cases.
We are dedicated to fighting for the rights of injury victims.
Don’t hesitate to contact us.
Our attorneys will actively investigate the accident, gather evidence and work with experts to determine the cause of the accident and who was at fault.
We will actively build a strong case that demonstrates the negligent party’s liability and the damages incurred by the victim.
Plus we’ve been doing this for 35 years!
Example Cases, are:
- A pedestrian crossing the street at a marked crosswalk when a driver failed to yield and hit them.
- A pedestrian struck by a hit-and-run driver while walking on a sidewalk.
- A pedestrian walking on a sidewalk and was hit by a car that was backing out of a driveway.
Templer & Hirsch will actively negotiate with the insurance companies for you!
And if they refuse to offer a fair settlement, we will take the case to trial and present the evidence in front of a jury.
We have a proven track record of success in the courtroom and will fight to get you the compensation you deserve.
Don’t let negligent drivers or companies avoid their responsibilities in helping you.
Contact us today to schedule a free consultation with one of our experienced personal injury attorneys.
We will actively listen to your story, answer your questions, and advise you on the best course of action.
Together, we can actively get you the justice you deserve.
Florida Pedestrian Accident Law — What Aventura Walkers Should Know
Florida is consistently among the most dangerous states for pedestrians, and South Florida sees some of the highest pedestrian-fatality rates in the country. Knowing the legal framework before you negotiate with an insurer protects your case.
The Two-Year Statute of Limitations
Under Fla. Stat. §95.11, you generally have two years from the date of the accident to file a personal injury lawsuit, and two years for wrongful death. The deadline was reduced from four years by HB 837 in March 2023.
Pedestrian PIP Coverage
Even though you were on foot, your own auto policy’s Personal Injury Protection (PIP) under Fla. Stat. §627.736 applies if you have one. PIP pays 80% of medical bills and 60% of lost wages up to the policy limit, regardless of fault. Initial care must be sought within 14 days. Pedestrians without their own policy may be able to use a resident-relative’s policy.
Right of Way and the “Due Care” Duty
Under Fla. Stat. §316.130, drivers must yield to pedestrians lawfully within a marked crosswalk or in an unmarked crosswalk at an intersection. Pedestrians crossing outside crosswalks must yield to vehicles — but drivers still have an independent duty to exercise due care to avoid striking any pedestrian. That duty is the foundation of most pedestrian-injury cases.
Modified Comparative Negligence
Florida follows modified comparative negligence under Fla. Stat. §768.81. If you are found more than 50% at fault, you cannot recover. At 50% or less, your award is reduced by your percentage of fault. Insurers routinely overstate pedestrian fault — we push back with crash reports, witness statements, and reconstruction.
Common Causes of Pedestrian Accidents in Aventura
Aventura’s pedestrian density — Aventura Mall, the Biscayne Boulevard corridor, US-1, William Lehman Causeway — combined with high traffic volume creates predictable patterns. We’ve handled cases involving:
- Distracted drivers — texting, GPS, and infotainment use, especially during peak shopping hours.
- Failure to yield at crosswalks — drivers turning right on red or making left turns through pedestrian phases.
- Drunk and impaired driving, particularly on weekend evenings along Biscayne Boulevard.
- Low-light and dusk visibility in poorly lit residential streets and parking lots.
- Speeding through 25-30 mph residential and shopping zones.
- Backing-up accidents in parking lots and driveways.
- Hit-and-run drivers — we work with police to identify the driver and pursue uninsured-motorist coverage when needed.
Each scenario has its own evidence trail — police reports, dashcam footage, traffic-light timing, surveillance video from nearby businesses — and we know where to look.
Meet the Attorneys Who Will Handle Your Case
Templer & Hirsch has represented injured Floridians for over 35 years and recovered more than $100 million for clients. When you call, you talk to an attorney — not a case manager.
- David L. Templer — Founding partner with decades of trial experience in pedestrian, auto, and serious injury cases.
- Mark Hirsch — Partner concentrating on serious injury and maritime claims; known for hands-on client communication.
Frequently Asked Questions
How long do I have to file a pedestrian accident lawsuit in Florida?
Two years from the date of the accident under Fla. Stat. §95.11. Reduced from four years to two by HB 837 in 2023.
Does PIP cover me if I was hit while walking?
Yes. Florida no-fault PIP from your own (or a resident relative’s) auto policy pays first under Fla. Stat. §627.736 — 80% medical, 60% lost wages up to your $10,000 minimum. Initial care must be sought within 14 days.
Who has the right of way at a crosswalk?
Drivers must yield to pedestrians in marked or unmarked crosswalks at intersections under Fla. Stat. §316.130. Drivers also have a separate duty of due care to avoid striking any pedestrian.
What if I was jaywalking when hit?
You can still recover. Florida follows modified comparative negligence — you can recover unless you’re more than 50% at fault, with damages reduced by your fault percentage.
Common causes of pedestrian accidents in Aventura?
Distracted driving, failure to yield, drunk driving, dusk visibility, speeding, backing-up accidents, and hit-and-runs — especially around Aventura Mall, Biscayne Boulevard, and US-1.
What if the driver had no insurance?
Your own UM/UIM coverage may apply. We track down every available policy, including resident-relative and employer policies if the driver was on the job.
If you or a loved one has been injured, the most important step you can take is to speak with an experienced attorney as soon as possible. Call Templer & Hirsch today for a free, confidential consultation — we are ready to help.
