A serious pedestrian accident in Miami Gardens has left an 11-year-old child hospitalized after being struck by a vehicle in a residential area near a school zone. According to authorities, the driver lost control after attempting to bypass traffic, striking a tree and then the child, who was walking on the sidewalk. The vehicle ultimately crashed into a fence outside a nearby home.
Witnesses described hearing a loud, explosive impact. Neighbors rushed to help and called 911, reporting that the child was initially unresponsive and suffered significant head injuries. Emergency crews airlifted the victim to Ryder Trauma Center, where he is being treated for a fractured skull and pelvis. He remains in serious but stable condition.
Police arrested the driver at the scene and charged him with reckless driving. The investigation remains ongoing.
The Reality of Pedestrian Accidents in South Florida
Pedestrian accidents are among the most severe types of motor vehicle collisions, especially in densely populated areas like Miami-Dade County. Unlike drivers, pedestrians have no physical protection, making them far more vulnerable to catastrophic injuries such as:
- Traumatic brain injuries (TBI)
- Spinal cord injuries
- Fractures and internal bleeding
- Long-term or permanent disability
High-speed driving, distracted driving, and failure to obey traffic laws are some of the leading causes of these incidents. In neighborhoods with heavy foot traffic and school zones, the risks increase significantly.
What Happens Legally After a Pedestrian Is Hit?
When a pedestrian is struck by a motor vehicle in Florida, several legal and insurance processes are triggered:
1. Emergency Medical Treatment (Critical First Step)
The injured person must receive medical attention immediately. Under Florida law, victims typically have 14 days to seek treatment to qualify for Personal Injury Protection (PIP) benefits.
2. Insurance Coverage Comes Into Play
Even though pedestrians are not inside a vehicle, they may still be covered under:
- Their own auto insurance policy (if they have one)
- A household relative’s policy
- The at-fault driver’s Bodily Injury (BI) coverage
PIP may cover a portion of medical bills and lost wages, but serious injuries often exceed these limits.
3. Liability Investigation
Authorities and insurance companies will investigate:
- Driver negligence (speeding, reckless driving, distraction)
- Road conditions and traffic patterns
- Surveillance footage and witness statements
In cases like this, where reckless driving is alleged, liability may be more clear—but it still must be proven and documented.
4. Injury Claim or Lawsuit
If injuries are severe (which is often the case in pedestrian accidents), the victim may pursue a personal injury claim against the at-fault driver for:
- Medical expenses (past and future)
- Lost income and reduced earning capacity
- Pain and suffering
5. Criminal Charges vs. Civil Case
While the driver in this case faces criminal charges, it’s important to understand that criminal proceedings are separate from civil claims. The victim and their family still have the right to pursue compensation regardless of the criminal case outcome.
If you or a loved one has been injured in a pedestrian accident, it’s critical to understand your rights and options early.
The Miami Personal Injury attorneys and staff at the Perazzo Law Firm offer free consultations and works on a no recovery, no fee basis, helping accident victims navigate the legal process and fight for the compensation they deserve.