Aventura Pedestrian Accident Lawyer

Why Choose Daniel B. Reinfeld as Your Aventura Pedestrian Accident Attorney?

Daniel B. Reinfeld represents injured pedestrians in Aventura, Miami-Dade County, and South Florida with more than 25 years of litigation experience. His background includes approximately six years representing insurers and rental-car companies and three years as a Broward County Assistant Public Defender. Dan personally handles every case the firm accepts, from investigation and evidence preservation through insurance negotiations, litigation, and trial when necessary. Clients communicate directly with Dan.

Case Study: $1.6 Million Unanimous Pedestrian Accident Jury Verdict

In 2024, Dan served as sole trial counsel, obtaining a $1.6 million unanimous jury verdict in Orange County, Florida. The complaint alleged that a hospital valet driver struck a child in an Orlando crosswalk. The injuries presented to the jury included a femoral contusion and its impact on the growth plate, as well as a herniated cervical disc. The court directed a verdict in the child's favor on comparative fault, removing that issue from the jury's consideration. The jury determined damages; a separate parental consortium claim was not established. TopVerdict recognized the result among Florida’s Top 100 Verdicts of 2024 and its Top 10 pedestrian accident verdicts that year. Dan’s trial and case results also include a $2 million motor-vehicle settlement in a separate case. Prior results do not guarantee a similar outcome.

Personal Injury Attorney Credentials and Professional Recognition

Dan is AV Preeminent® 5.0 out of 5 Peer Review Rated by Martindale-Hubbell and holds Avvo’s highest attorney rating, 10.0 “Superb.” He is a Life Member of the Million Dollar Advocates Forum and Multi-Million Dollar Advocates Forum. Membership is limited to attorneys who served as lead counsel in qualifying million- and multimillion-dollar verdicts or settlements. Fewer than 1% of U.S. lawyers are members. Daniel B Reinfeld, PA represents injured pedestrians in Aventura from its Hollywood office. Learn more about Dan’s legal experience and approach to representation.

What Types of Pedestrian Accident Cases Does Our Aventura Law Firm Handle?

Dan handles pedestrian injury and wrongful-death claims involving crosswalk accidents, turning vehicles, mid-block crossings, and roads without sidewalks. These cases may require review of signal timing, driver sightlines, lighting, speed, and the pedestrian’s position. He also investigates collisions in which one vehicle stops for a pedestrian but another driver passes in an adjacent lane, along with parking-lot, garage, driveway, and backing accidents involving obstructed visibility or unsafe property conditions. See our parking-lot and backing collision guide for additional evidence and liability considerations.

His practice includes hit-and-run crashes, uninsured and underinsured motorist claims, and collisions involving Uber, Lyft, delivery vehicles, buses, and commercial trucks. The driver’s app status or work activity may affect available insurance and responsibility. Cases involving injured children or fatal pedestrian accidents require additional attention to the child’s circumstances and the family’s wrongful-death rights.

Liability depends on driver and pedestrian movements, traffic controls, visibility, and available evidence—not simply on whether the pedestrian was inside a marked crosswalk. Collisions in which a bicycle, e-bike, or electric scooter strikes a pedestrian require an investigation of rider negligence, sidewalk and crosswalk rules, liability, and available insurance coverage. Learn more about pedestrian injuries caused by e-bikes and e-scooters in Florida and our representation in e-bike and e-scooter accident claims.

What Should You Do After Being Hit by a Car in Aventura, Florida?

Call 911 and get emergency medical care. Head, internal, spinal and orthopedic injuries are not always obvious at the scene, and emergency records document your condition right after the crash. Our guide to what to do after a car accident in Florida explains additional post-collision steps.

Make sure the crash is reported. An Aventura Police Department crash report may identify the driver, vehicle, witnesses, and responding officer’s observations. The investigating agency depends on the exact crash location. Reports prepared by Aventura Police can be requested through the department’s records process. See the City of Aventura’s official police-report instructions. A missing report does not automatically prevent a claim; read about a Florida car accident claim without a police report.

Identify the driver, the vehicle and the insurance. Get the driver's name, plate number, insurer and policy number, and note whether it was a rideshare, delivery or company vehicle.

Photograph the scene if you safely can. Capture the vehicle, the crosswalk, signals, lighting, road markings, debris and your injuries.

Identify witnesses and nearby cameras before the evidence disappears. Note businesses, condos, doorbell cameras and intersection cameras that may have recorded the crash.

Keep your clothing, shoes, glasses and phone as they are. Do not wash or throw away damaged items; impact marks can help show how the collision happened.

Follow through with medical care and keep records of how the injury affects you. Missed work, help you need at home, and activities you cannot do become evidence of damages.

Speak with a pedestrian accident lawyer before giving a recorded statement or settling. The first offer is often made before the full extent of the injury is known.

If you were too badly hurt to do any of this, that is normal. Dan can obtain the police report, body-worn camera footage, 911 recordings, EMS records and private surveillance video afterward, though some of it must be requested quickly.

Who Can Be Held Liable for a Pedestrian Accident in Florida?

The driver is the starting point, but often not the only responsible party. Depending on the facts, a claim may also run against:

The vehicle owner. Under Florida's dangerous instrumentality doctrine, an owner who lets someone drive the vehicle can be liable for that driver's negligence (Southern Cotton Oil Co. v. Anderson, 80 Fla. 441, 86 So. 629 (Fla. 1920)).

The driver’s employer, if the driver was acting within the course and scope of employment. A contractor’s status and the applicable legal relationship require separate review.

Rideshare or delivery-related insurance. App status may affect coverage; available insurance and legal liability of the platform are separate questions.

A property owner or condominium association for a parking lot, garage or driveway with blocked sightlines, missing stop controls or inadequate lighting.

A government entity or contractor, when an actionable roadway, signal, or construction-zone condition contributed. Sovereign immunity, the nature of the challenged conduct, and special notice rules require separate analysis.

A vehicle or parts manufacturer when a defect, such as brake failure, contributed to the crash.

How Is Fault Proven in a Florida Pedestrian Accident Claim?

Dan evaluates the driver’s speed and path, the pedestrian’s movements, signal timing, sightlines, and the opportunity to avoid impact. He prioritizes preservation of relevant video, records, and vehicle evidence, compares competing accounts, and consults a reconstruction expert when the facts warrant it. Traffic-law violations may provide evidence of negligence; an officer’s initial fault assessment does not decide civil liability.

What If the Driver Says You Stepped Into Traffic?

The issue is whether the pedestrian left a place of safety so close to the vehicle that the driver could not yield. Video, vehicle data, impact location, and walking speed can help test that account. A visibility defense also requires reviewing lighting, sightlines, headlights, and vehicle speed.

What Evidence Can Support Your Pedestrian Accident Claim?

Video, witness accounts, vehicle data, and medical records can help establish how a pedestrian collision happened, who was responsible, and the resulting injuries. Dan investigates available evidence and takes steps to preserve material that may be deleted, overwritten, or lost.

Intersection-camera footage, when recorded and available, may help establish signal timing and vehicle movements. Requests may involve the City of Aventura, Miami-Dade County, or FDOT, depending on who operates the equipment. Learn how Aventura traffic and intersection cameras differ and why a camera does not necessarily provide a retrievable recording.

Business, condominium, shopping-center, parking-garage, and doorbell surveillance may show pedestrian movements, vehicle paths, and visibility. Prompt preservation requests can help protect recordings before they are overwritten. See our guide to Ring cameras, Nextdoor, and private surveillance in Aventura.

Police body-camera footage may capture statements, scene conditions, and witness information. 911 recordings may document when the collision was reported, early descriptions, and information identifying callers. These records can be requested through the appropriate agency, subject to availability and disclosure rules.

Vehicle event data, if recorded and recoverable, may reveal speed, braking, and throttle activity before impact. Dan can seek preservation of the vehicle and arrange an inspection or download by a qualified expert when appropriate. Phone records obtained through lawful discovery may help investigate distraction, although they do not necessarily establish what the driver was doing at the moment of impact.

Scene measurements and inspections help evaluate sightlines, lighting, crosswalk markings, and the opportunity to avoid the collision. Witness interviews may clarify movements and signal colors. Preserved clothing, shoes, and glasses may provide impact evidence; keep these items unwashed and unrepaired.

Medical records, imaging, EMS reports, and physician opinions help document injuries, their connection to the crash, and future treatment needs. Employment and income records support claims for lost wages and reduced earning capacity.

Do Pedestrians Have the Right of Way in Florida Crosswalks?

Sometimes. Right of way depends on the crosswalk, signal, and movements of the pedestrian and driver. Drivers also owe a continuing duty of due care to avoid colliding with pedestrians. Sections 316.130 and 316.075, Florida Statutes, address these rules:

At a signal: a driver must stop before the crosswalk and stay stopped for a pedestrian crossing with a permitted signal who is on the driver's half of the road or approaching closely enough to be in danger. § 316.130(7)(a).

No signal: a driver must yield, slowing or stopping if needed, to a pedestrian within a crosswalk under the same conditions. § 316.130(7)(c).

Turning on green: drivers turning right or left must yield to pedestrians lawfully within the intersection or an adjacent crosswalk. § 316.075(1)(a)1.

Right on red: a driver may turn only after stopping and yielding to pedestrians. § 316.075(1)(c)1.a.

Passing a stopped car: a driver may not pass a vehicle stopped at a crosswalk to let a pedestrian cross. § 316.130(9).

Due care everywhere: notwithstanding the other rules, every driver must exercise due care to avoid colliding with a pedestrian and take proper precaution on seeing a child or an obviously confused or incapacitated person. § 316.130(15).

Pedestrians have duties too. They may not suddenly leave a curb into the path of a vehicle too close to yield, § 316.130(8); must yield when crossing outside a marked crosswalk or an unmarked crosswalk at an intersection, § 316.130(10); and between two adjacent signalized intersections may cross only in a marked crosswalk, § 316.130(11). Where there is no sidewalk, pedestrians should walk on the left shoulder facing traffic when practicable, § 316.130(4).

Florida law recognizes an unmarked crosswalk at most intersections, not just where lines are painted.

Can You Recover Compensation If You Were Hit Outside a Crosswalk?

For negligence claims governed by Florida’s current comparative-fault law, partial fault does not automatically prevent recovery. Under section 768.81, damages are reduced by the pedestrian’s percentage of fault, and a party found more than 50% responsible for their own harm cannot recover. For example, 30% fault reduces otherwise recoverable damages by 30%. Crossing mid-block may affect fault, but the driver’s duty of due care still applies. Accident date, visibility, speed, distraction, and the opportunity to avoid impact require individual review. A pedestrian's location is only one part of the fault analysis. Our article on Florida pedestrian rights, jaywalking, and comparative negligence explains why crossing outside a marked crosswalk does not automatically relieve a negligent driver of responsibility.

Investigating Pedestrian Accidents on Aventura Roads and Crosswalks

The location of an Aventura pedestrian accident determines which traffic controls, surveillance cameras, roadway conditions, and public records Dan investigates. Pedestrian collisions may occur along major roads, at shopping centers, near condominium entrances, or where drivers turn across pedestrian crossings. Areas requiring location-specific investigation include:

Biscayne Boulevard (US 1): Multi-lane traffic, signalized intersections, turning vehicles, bus-stop access, and pedestrians crossing near shopping centers and commercial properties.

Aventura Boulevard (NE 199th Street): Crosswalks, intersection movements, traffic signals, condominium entrances, and pedestrian routes connecting residential and commercial properties.

West Country Club Drive and East Country Club Drive: Pedestrians walking or jogging, condominium driveways, vehicle turning movements, and visibility at intersections and property entrances.

Aventura Mall and surrounding access roads: Parking garages, valet areas, pedestrian walkways, delivery vehicles, backing collisions, and drivers entering or leaving shopping-center property.

NE 203rd Street (Ives Dairy Road): Traffic approaching Biscayne Boulevard, turning movements, multi-lane crossings, and pedestrian access near commercial properties.

NE 191st Street, NE 185th Street, and Miami Gardens Drive: Pedestrian crossings, turning traffic, transit access, and vehicle movements near residential and retail developments.

Aventura Station and surrounding transit connections: Pedestrian routes, station access, pickup and drop-off areas, and vehicle movements near transit facilities.

The precise collision location determines the applicable traffic controls, investigating law-enforcement agency, and potential responsibility. Dan compares pedestrian and vehicle movements, crosswalks, signals, and right-of-way controls; distinguishes public roads from mall, condominium, and other private property; and identifies the agencies, businesses, and property managers that may hold relevant evidence. Depending on availability, he seeks Aventura Police records, surveillance and traffic-camera information, witness statements, vehicle data, and roadway measurements. These steps help preserve evidence, test comparative-fault arguments, and investigate whether driver negligence, vehicle ownership, employment, or a property condition supports an additional claim. A nearby landmark or mailing address does not by itself establish jurisdiction. For additional statewide context, see Florida Pedestrian Accident Statistics from a Legal Perspective.

Who Pays Your Medical Bills After a Florida Pedestrian Accident?

PIP, health insurance, and other available coverage may help pay your medical bills after a pedestrian accident. A claim against the at-fault driver may provide additional compensation. Dan reviews the available policies, identifies potential coverage, and explains how benefits and injury claims work together.

If you own a Florida-insured car or live with a relative who does, your own personal injury protection (PIP) or a qualifying household policy may apply. If you are a Florida resident without a car or household PIP coverage, the striking vehicle’s PIP may apply if you meet the statutory requirements. Out-of-state visitors generally cannot obtain PIP through the striking vehicle solely because they were hit in Florida; their own insurance policies require separate review.

The at-fault driver’s or vehicle owner’s bodily-injury liability insurance may provide compensation for medical expenses and other covered damages. If the driver was uninsured, had insufficient coverage, or fled, your own or a qualifying household policy’s uninsured or underinsured motorist coverage (UM/UIM) may apply. Health insurance and medical-payments coverage may also help address bills, subject to coverage terms and possible reimbursement obligations.

If an Uber or Lyft driver struck you, available insurance depends on the driver’s app status and trip activity. Collisions involving delivery drivers or other employees may involve commercial auto insurance and employer responsibility. If a dangerous road or traffic signal contributed to the collision, Dan can evaluate potential government responsibility, which involves separate notice requirements, immunity issues, and recovery limits.

Florida PIP and pedestrians

Eligible pedestrians may receive Florida PIP benefits even though they were not driving. Section 627.736 generally provides 80% of covered medical expenses and 60% of covered lost income, subject to a combined $10,000 medical/disability limit, plus a separate $5,000 death benefit. Initial medical care must occur within 14 days. Access to the full medical limit depends on a qualifying emergency-medical-condition determination. Eligibility and payment priority depend on vehicle ownership, household relationships, statutory exclusions, and the policy. A qualifying Florida resident may be eligible under the striking vehicle’s PIP when the statutory conditions are met. See our Florida PIP and medical-bill coverage guide and explanation of Florida’s 14-day PIP rule. PIP’s limited benefits may be insufficient for a serious pedestrian injury. Where Florida’s no-fault tort threshold applies, recovery of pain and suffering generally requires a qualifying injury under section 627.737(2). Dan evaluates the applicable threshold and the medical evidence.

Uninsured motorist coverage for injured pedestrians

Uninsured/underinsured motorist coverage generally follows the insured person, not the car, so it can apply when you are hit while walking. If the driver has no bodily-injury coverage, too little, or cannot be identified, your UM policy, or a resident relative's, may pay. See our uninsured motorist lawyer page.

What Happens If a Hit-and-Run Driver Injures a Pedestrian?

A driver who unlawfully leaves an injury or fatal crash may face felony charges under section 316.027. The criminal proceeding and civil injury claim serve different purposes. Dan focuses on identifying the vehicle through video, witnesses, and physical evidence; preserving available records; and reviewing UM coverage and notice requirements. A compensation claim may still be possible even if the driver is not identified.

What Insurance Applies When an Uber, Lyft, or Commercial Driver Hits a Pedestrian?

Under Florida's rideshare statute, section 627.748, coverage depends on the driver's app status:

App off: the driver’s personal auto policy is generally the starting point; other potentially applicable coverage must also be reviewed.

Logged in and waiting for a ride: Florida requires at least $50,000 per person and $100,000 per incident in bodily-injury liability coverage.

Ride accepted or passenger on board: Florida requires at least $1 million in liability coverage for death, bodily injury, and property damage.

PIP and UM/UIM questions require separate policy review. UM coverage should not be assumed, because section 627.727 permits rejection. In a claims coverage investigation, section 627.748 requires the TNC to provide specified log-on and log-off times upon a qualifying request. Those records help establish the driver’s status. Learn more about Aventura Uber accident claims and Aventura Lyft accident claims.

Amazon, food-delivery, contractor and company drivers raise employer-liability and commercial-coverage questions, and box trucks and buses add blind-zone and wide-turn issues. See our Aventura truck accident lawyer page.

What Compensation Can You Recover After a Pedestrian Accident?

Recoverable damages depend on the evidence and the applicable law. A pedestrian claim may include:

Economic damages: past and future medical care, rehabilitation, medication and equipment; lost wages and reduced earning capacity; replacement household services; damaged property.

Non-economic damages: pain and suffering, disability, disfigurement and scarring, mental anguish, and loss of the capacity to enjoy life.

Punitive damages in limited cases, such as some drunk-driving crashes, subject to Florida's statutory requirements. See our drunk driving accident page.

There is no reliable "average" pedestrian settlement. Value depends on liability evidence, comparative-fault issues, injury severity and permanency, future care, lost earning capacity, available insurance and assets, and how clearly the evidence can be presented to a jury.

Documenting Serious Pedestrian Injuries and Future Needs

Brain and spinal injuries, fractures, internal injuries, scarring, and psychological effects can create long-term care needs and work limitations. Dan uses treatment records, physician opinions, and evidence of daily limitations to document damages. When an insurer alleges a preexisting condition, before-and-after medical and functional evidence can help establish what changed after the collision.

Fatal Pedestrian Accidents and Florida Wrongful Death Claims

When a pedestrian is killed, Florida's Wrongful Death Act allows the personal representative of the estate to bring one action for the benefit of the estate and qualifying survivors, such as a spouse, children and, in some cases, parents. Recoverable damages depend on each survivor's relationship to the person who died and can include lost support and services, loss of companionship and guidance, mental pain and suffering, medical and funeral expenses, and the estate's losses. The deadline is generally two years from the date of death.

No recovery replaces a family member. A wrongful-death claim can hold the responsible parties accountable, ease the financial burden, and protect the family left behind.

How Long Do You Have to File a Pedestrian Accident Lawsuit in Florida?

You generally have two years from the accident to file a Florida pedestrian negligence lawsuit for claims arising on or after March 24, 2023. Wrongful-death lawsuits generally must be filed within two years of the death. Exceptions, government notice requirements, and separate insurance deadlines may apply. Dan can review the deadlines for your case; do not assume insurance negotiations extend your time to sue.

What Happens After You Hire Dan Reinfeld for a Pedestrian Accident Claim?

Direct communication. Dan explains the next steps and keeps you informed as your treatment and claim develop. Read more about what happens after you hire a Florida car accident lawyer.

Demand and offers. Once the evidence and medical picture support an evaluation, Dan presents a demand, explains offers, and discusses your goals. You decide whether to accept a settlement.

Litigation when needed. Dan discusses filing suit when responsibility or compensation remains disputed, or a filing deadline requires action. He personally handles the case through trial when necessary.

Recovery and distribution. Before funds are distributed, Dan addresses applicable liens, reimbursement claims, and outstanding medical bills and explains the proposed distribution.

Frequently Asked Questions About Aventura Pedestrian Accident Claims

Can I hire an Aventura pedestrian accident lawyer if your office is in Hollywood?

Yes. Daniel B Reinfeld, PA represents people injured in Aventura and throughout Miami-Dade County from its Hollywood office at 2450 Hollywood Boulevard, Suite 706. Free consultations are available by telephone or Zoom, so you do not need to travel to the office to discuss your claim. In-person meetings, hospital or home visits when appropriate, and evening or weekend appointments can be arranged with the firm. Spanish- and Haitian Creole-speaking staff are available.

What if an Uber or Lyft driver hits me while I am walking in Aventura?

You may have a claim against the negligent driver, with available insurance depending on the facts and the driver’s app and trip status. Florida’s rideshare framework in section 627.748 sets coverage requirements for logged-in drivers and prearranged rides. Dan checks whether the driver was offline, waiting for a request, or handling a ride; seeks available app and trip records; and reviews the applicable policies. Insurance coverage and a platform’s legal liability are separate questions. Read more about Aventura Uber and Lyft accident claims.

What should I have ready for my first consultation?

Bring whatever you have: the crash date and location, driver information, report number, photographs, insurance letters, and details about your treatment. Missing documents should not delay your call. Dan can explain what needs to be obtained and which evidence requires prompt preservation.

What if I was too badly injured to take photos or get witness information?

You are not expected to investigate while seriously hurt. Dan can request police reports, emergency records, witness information, and available surveillance afterward. Because some evidence is routinely deleted, contact the firm as soon as you are able.

What if the police report says I was at fault?

The report does not decide your civil claim. Video, witness testimony, vehicle evidence, and scene measurements may support a different account. Dan evaluates the underlying evidence rather than treating the officer’s initial fault assessment as the final answer.

I was visiting Aventura from out of state. Can I still bring a claim?

Yes. You generally do not need to remain in Florida to pursue an Aventura pedestrian accident claim. Dan can communicate by phone and Zoom after you return home. Your residency and insurance policies may affect available benefits; travel for particular appointments or legal proceedings may need to be arranged.

What if I am still receiving medical treatment?

You can begin your claim while treatment continues. Dan can investigate the collision and review coverage while your doctors assess your recovery. Tell him about new diagnoses, recommended procedures, work restrictions, and changes in your daily activities so the claim reflects your developing medical needs.

How much does an Aventura pedestrian accident lawyer cost?

The consultation is free. Daniel B Reinfeld, PA handles pedestrian accident cases under a written contingency-fee agreement: the attorney’s fee is a percentage of the recovery, paid only if compensation is obtained. You are not asked to advance case costs. If there is no recovery, you owe no attorney’s fee and do not reimburse the costs the firm advanced. Dan reviews the agreement with you before representation begins.

How long does a pedestrian accident claim take?

Some claims resolve within months; serious or disputed cases can take a year or longer. Treatment progress, coverage disputes, litigation, and court scheduling affect timing. Dan discusses the tradeoffs between a prompt resolution and adequately documenting future needs. No completion date can be promised at the outset.

Will my pedestrian accident case go to trial?

A claim may settle, but litigation or trial can become necessary if liability, damages, or coverage remain disputed. Dan explains the options and prepares the evidence needed to pursue your case. The decision whether to accept a settlement offer belongs to you.

How much of a pedestrian accident settlement will I actually receive?

The settlement amount and your net recovery are different. Attorney’s fees, case expenses, and applicable medical bills, liens, or reimbursement obligations can affect the amount you receive. Dan reviews those items with you and explains the proposed distribution before funds are disbursed.

Related Aventura Practice Areas

Aventura Personal Injury Lawyer

Aventura Car Accident Lawyer

Speak With an Aventura Pedestrian Accident Lawyer — NO Fee Unless You Win

Injured in a pedestrian accident in Aventura, Florida? Call (954) 923-6110 for a FREE consultation with attorney Dan Reinfeld. Dan personally handles every case the firm accepts, from investigation through settlement or trial. No Fee Unless You Win. 📞 CALL Dan: (954) 923-6110​​

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