Does Florida PIP Cover Pedestrians? Yes.

However, under Florida’s no-fault system, you must use your own auto insurance (or a resident relative's) first. You can only use the striking driver's insurance if you do not own a car or live with a relative who does. Additionally, your injuries must be permanent or severe before you can sue the driver for pain and suffering.

Florida Law and Miami Pedestrian Rights — F.S. 316.130

When Drivers Must Yield

Florida Statute 316.130 governs pedestrian rights and duties on Florida roadways. Drivers are required to yield to pedestrians in marked crosswalks and in unmarked crosswalks at intersections. When a pedestrian is in a crosswalk, drivers approaching from both directions must stop and remain stopped until the pedestrian has cleared the lane. Miami drivers rolling through rights on red without yielding, and accelerating through yellow signals into intersections where pedestrians have begun crossing, are core liability bases in Miami pedestrian accident cases.

Comparative Fault Defenses and the 2023 Tort Reform 51% Bar

Under Florida's modified comparative fault standard (HB 837, effective March 24, 2023), insurance adjusters aggressively argue that pedestrians were jaywalking, crossing against a 'don't walk' signal, distracted by smartphones, wearing dark clothing at night, or walking in the roadway rather than on a sidewalk — any argument to push your fault above 50% and eliminate all recovery.

CHG Lawyers defeats them systematically: We obtain signal timing records from Miami-Dade County Transportation proving which signal was displayed at the moment of impact. We request surveillance footage from nearby businesses before it overwrites on 24 to 72-hour deletion cycles. We retain traffic engineering experts who evaluate whether crosswalk markings met FDOT standards. Where Miami-Dade County or FDOT failed to maintain safe infrastructure, we pursue government entity liability under F.S. 768.28.

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You do not have to give your name to ask a question. We protect your rights under Florida law regardless of documentation.

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Miami's Most Dangerous Pedestrian Corridors

NW 7th Avenue — Miami-Dade's Most Dangerous Pedestrian Corridor

Smart Growth America's Dangerous by Design research and FHSMV crash data consistently identify Northwest 7th Avenue — running through Liberty City, Allapattah, and into Hialeah — as Miami-Dade County's single most dangerous pedestrian corridor. High vehicle speeds, inadequate median refuges, long signal cycles that leave pedestrians crossing mid-block out of necessity, and faded crosswalk markings across multiple intersections create predictable, preventable crashes that Miami-Dade County and FDOT have repeatedly failed to adequately address.

Other High-Risk Miami Pedestrian Zones

  • Biscayne Boulevard through downtown, Wynwood, the Design District, and Edgewater combines high tourist foot traffic with aggressive commuter driving.
  • Southwest 8th Street (Calle Ocho) through Little Havana has chronic visibility issues from vehicles parked across sightlines.
  • US-1 through Coral Gables, South Miami, and Kendall is particularly dangerous due to wide travel lanes, high speeds, and infrequent formal crossing infrastructure.
  • Brickell Avenue generates rideshare pickup and drop-off conflicts and active construction zone pedestrian hazards daily.

CHG Lawyers' litigation strategy uses corridor-specific discovery: subpoenaing signal timing records, crosswalk maintenance logs, and prior accident incident reports from the precise location of your crash.

Damages Available to Miami Pedestrian Accident Victims

When Florida's serious injury threshold is met, pedestrian accident victims can recover all past and future medical expenses, lost wages and loss of earning capacity, pain and suffering, emotional distress, permanent impairment, loss of enjoyment of life, and loss of consortium. For catastrophic injuries — traumatic brain injury, spinal cord damage, pelvic fractures, amputations — lifetime care calculations and vocational impact assessments produce multi-million-dollar valuations.