If you were hit by a car while walking in South Florida, a Miami pedestrian accident lawyer can help you understand your rights and pursue the compensation you deserve. Pedestrians have virtually no protection when struck by a vehicle, so the injuries are frequently catastrophic — and sometimes fatal. Attorney Tyson Kutner represents people seriously hurt in pedestrian crashes throughout Miami-Dade and South Florida, where busy roads, crosswalks, and parking lots see far too many preventable collisions.
Common causes of pedestrian crashes
Most pedestrian accidents are not freak events — they are the predictable result of careless driving. As a pedestrian accident attorney, Tyson Kutner sees the same dangerous patterns again and again:
- Drivers failing to yield to pedestrians in crosswalks
- Distracted driving — phones, screens, and inattention behind the wheel
- Speeding through residential areas and school zones
- Impaired driving by drunk or drugged drivers
- Poor visibility at night, when walkers are hardest to see
- Backing-up and parking-lot collisions, where drivers never look
Can a pedestrian recover compensation in Florida?
One of the most common questions we hear is whether someone hit while walking can claim benefits when they were not in a car at all. The answer is often yes. Even though you weren’t behind the wheel, if you are a pedestrian struck by a vehicle you may still be able to claim Personal Injury Protection (PIP) benefits — typically through your own auto policy, a resident relative’s policy, or in some cases other available coverage. Sorting out which policy applies is not always obvious, and identifying the right source of coverage early is one of the most important things a pedestrian accident lawyer does.
Proving fault when the insurer blames you
Florida drivers must yield to pedestrians in crosswalks, but pedestrians have duties too — they cannot, for example, dart suddenly into traffic. Because of that, fault is often disputed, and the driver’s insurer will almost always try to pin the blame on the person who was hurt.
This is where Florida’s modified comparative negligence rule matters. Under the 2023 law, if you are found more than 50% at fault you recover nothing; otherwise, your damages are reduced by your percentage of fault. Insurers know this and routinely exaggerate the pedestrian’s share of blame to cut what they pay. We investigate the crash thoroughly — traffic signals, driver behavior, surveillance footage, and witness accounts — to establish what really happened and protect the full value of your claim.
Catastrophic injuries demand a serious advocate
Because a person on foot has nothing between them and thousands of pounds of moving steel, pedestrian crashes tend to cause the most severe injuries we see:
- Traumatic brain injuries
- Spinal cord injuries
- Broken bones and multiple fractures
- Internal injuries
The most serious cases are fatal, and surviving families may pursue a wrongful death claim. Injuries like these carry costs that stretch far beyond the first hospital bill — future surgeries, long-term care, and lost earning capacity. We work to document the full lifetime impact, not just the expenses you can see today, and to pursue every dollar of medical expenses, lost wages, and pain and suffering you are owed.
What to do after being hit by a car while walking
The steps you take after a crash can shape your case:
- Get medical care immediately — call 911 and be evaluated even if you feel okay, because serious injuries like brain trauma often surface later.
- Document the scene — if you are able, photograph the vehicle, the location, and your injuries, and collect witness contact information.
- Do not give a recorded statement to the driver’s insurer, and do not accept an early offer.
- Call a pedestrian accident lawyer — the sooner an advocate is on your side, the better protected your claim will be.
Remember, too, that Florida’s statute of limitations for these claims is generally two years — waiting too long can permanently bar your recovery.
Serving South Florida
From our office in Palmetto Bay, Miami pedestrian accident lawyer Tyson Kutner represents injured pedestrians across Pinecrest, Cutler Bay, Kendall, Coral Gables, South Miami, Homestead, Key Biscayne, the Florida Keys, and throughout Miami-Dade County. The intersections, crosswalks, and parking lots where these crashes happen are the same streets our neighbors walk every day.
If you or a loved one was hit by a car while walking, contact Kutner Personal Injury for a free, no-obligation consultation. You pay nothing unless we win.
