A car hit me while I was walking or biking in Hialeah. What are my rights?
If a car hit you while you were walking or riding a bicycle in Hialeah, you can make a claim against the driver's insurance, and Florida's PIP system may still pay your first $10,000 of medical bills even though you were not in a car. If you own an insured car, your own PIP applies; if you do not, the PIP on the car that hit you covers you (Fla. Stat. § 627.736(4)(e)). Drivers must yield to pedestrians in crosswalks (Fla. Stat. § 316.130) and give bicycles at least three feet when passing (Fla. Stat. § 316.083).
Wolfson & Leon has represented pedestrians and cyclists hurt in Miami-Dade County since 1963. The consultation is free, in English or Spanish, and there is no fee unless the firm recovers money for you.
Who pays my medical bills if I was hit while walking?
PIP pays first, then health insurance, then the driver's bodily injury coverage. Florida's no-fault law reaches pedestrians and cyclists: if you own a car with PIP, that policy pays; if you do not own a car but live with a relative who does, their policy may pay; if neither applies, the PIP on the vehicle that struck you pays. The 14-day treatment rule still applies, so see a doctor right away. Beyond PIP, the driver's bodily injury insurance and your own uninsured motorist coverage pay for a permanent injury, lost wages, and pain and suffering.
What if I was not in a crosswalk?
You can still recover. Florida's comparative fault rule (Fla. Stat. § 768.81) reduces your recovery by your share of fault rather than barring it, unless you were more than 50% at fault. Even outside a crosswalk, every driver has a duty to exercise due care to avoid hitting a pedestrian and to sound the horn when necessary (Fla. Stat. § 316.130(15)). On W 49th St and Okeechobee Road, marked crosswalks can be a quarter mile apart, and juries understand that. Speed, distraction, and failure to look are the driver's fault, not yours.
What are a bicyclist's rights on Hialeah roads?
A bicycle is a vehicle under Florida law with the same rights and duties as a car (Fla. Stat. § 316.2065). Drivers must give at least three feet when passing (Fla. Stat. § 316.083(1)). Cyclists may ride on the sidewalk in Hialeah unless a local ordinance says otherwise, and must yield to pedestrians there. Riders under 16 must wear a helmet; adults are not required to. A cyclist hit by a car has the same PIP access as a pedestrian.
The driver left the scene. What can I do?
Leaving the scene of a crash with injury is a felony in Florida (Fla. Stat. § 316.027). Report it to Hialeah Police immediately and get the case number. Nearby businesses on W 49th St, Palm Avenue, and E 4th Ave often have cameras that capture a plate. If the driver is never found, your own uninsured motorist coverage, or a resident relative's, treats a hit-and-run as an uninsured driver and can pay your claim. Wolfson & Leon sends preservation letters to businesses and works with the police report to identify the vehicle.
What compensation can I recover if I was hit while walking or biking?
A pedestrian or cyclist struck by a car can recover medical bills, lost wages, and, for a permanent injury, pain and suffering from the driver's bodily injury insurance and from any uninsured motorist coverage in the pedestrian's household. PIP pays the first $10,000 of medical bills and lost wages, from your own policy, a resident relative's, or the striking vehicle's (Fla. Stat. § 627.736(4)(e)). Because pedestrian injuries are usually serious and drivers in Miami-Dade often carry no bodily injury coverage, identifying every available policy early is where most of the value is found or lost.
What mistakes hurt a pedestrian or bicycle accident claim?
- Accepting the police report's version of fault as final. "Pedestrian not in crosswalk" is one officer's note, not a finding, and comparative fault reduces rather than bars recovery.
- Not looking for cameras immediately. Businesses on W 49th St, Palm Ave, and E 4th Ave overwrite video in weeks; buses and signals sooner.
- Delaying treatment because you "walked away." PIP's 14-day rule applies to pedestrians too.
- Talking to the driver's insurer before a lawyer has the crash report and the scene photos.
- In a hit-and-run, not reporting to police within 24 hours, which many UM policies require.
Key facts
- A pedestrian or cyclist who does not own a car is covered by the PIP on the vehicle that struck them. Source: Fla. Stat. § 627.736(4)(e)
- Drivers must yield to pedestrians in a crosswalk and exercise due care to avoid any pedestrian. Source: Fla. Stat. § 316.130
- Drivers must leave at least three feet when passing a bicycle. Source: Fla. Stat. § 316.083(1)
- A bicycle is a vehicle with the rights and duties of a vehicle on Florida roads. Source: Fla. Stat. § 316.2065
- Leaving the scene of a crash involving injury is a felony. Source: Fla. Stat. § 316.027
- Two years to file a negligence lawsuit for crashes on or after March 24, 2023. Source: Fla. Stat. § 95.11
Frequently asked questions
I was hit in a parking lot, not on the street. Does that change anything?
The same rules apply. Parking lots at Westland Mall, the shopping centers on W 49th St, and supermarket lots are where many pedestrian crashes happen. The store's security cameras become important evidence, and Wolfson & Leon requests that footage right away.
The police report says I was jaywalking. Is my case over?
No. The police report is one officer's opinion, not a court finding, and comparative fault reduces rather than eliminates recovery unless you were more than 50% at fault. Drivers who were speeding, on a phone, or not looking share the blame regardless of where you crossed.
A child was hit. Are the rules different?
Children are held to the standard of a child of similar age, not an adult, when a jury considers fault. Claims for a minor are brought by a parent or guardian, and settlements above certain amounts require court approval under Fla. Stat. § 744.387. Wolfson & Leon handles that process.
What if I was hit by a Miami-Dade Transit bus or a city vehicle?
You can still bring a claim, but a written notice to the agency is required first (Fla. Stat. § 768.28(6)) and recovery is capped by statute unless the Legislature passes a claims bill. The deadlines are strict. Call sooner rather than later.
What happens when you call
A person answers, not a recording
Call (305) 285-7071 any time. A person from the firm picks up, in Spanish if you prefer. If it is the middle of the night, we take your details and an attorney calls first thing.
We ask what happened, about 15 minutes
When and where it was, whether you were treated, whether there is a police report, and whether an insurer has already called you. You do not need papers in front of you.
We tell you honestly whether we can help
If you have a case we can take, we explain the next steps and what not to do in the meantime. If you do not, we tell you that too, and who else to call.
If you hire us, you pay nothing up front
The fee is a percentage of what is recovered, explained in writing before you sign. If we recover nothing, you owe no fee. We can come to your home or the hospital if you cannot get to the office.
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