South Florida Personal Injury Lawyers Blog
When a driver hits someone on a Miami street and speeds off, the family left behind faces two problems at once: losing a loved one and having no one at the scene to answer for it. A hit-and-run pedestrian accident still gives that family real legal options, even while police are searching for a car and a suspect. The recent deadly crash on Northwest 17th Avenue, where a pedestrian was killed and the driver fled, is the kind of case that happens on South Florida roads more often than most people realize.
Friedman Rodman Frank & Estrada has handled Miami-Dade pedestrian accident cases since 1976, including crashes where the at-fault driver was never caught.
Why a Driver Who Flees Faces Felony Charges in Florida
A driver who leaves the scene of a crash that kills someone commits a first-degree felony under Florida Statute § 316.027. The law requires any driver involved in a crash to stop, give their information, and help anyone who is hurt. A hit-and-run is a crash where a driver who is involved leaves the scene without doing those things.
Pedestrians get extra protection under this statute. The law treats them as “vulnerable road users,” and leaving the scene after killing one carries a mandatory minimum of four years in prison. Police in Miami often rely on surveillance video, traffic cameras, and vehicle debris to identify the car and the person driving it.
The criminal case matters, but it does not put money in the family’s hands. A conviction can send the driver to prison and may include restitution, though restitution rarely covers the full loss. Compensation for the family comes through a separate civil claim.
How Insurance Can Pay Even If the Driver Is Never Found
Uninsured motorist coverage is often the answer when a hit-and-run driver is never identified. Under Florida Statute § 627.727, every auto insurer that sells bodily injury liability coverage has to offer uninsured motorist (UM) coverage, which pays for injuries or death caused by a driver who has no insurance or who cannot be located.
Here is the part families tend to miss. UM coverage can follow a person as a pedestrian. If the victim owned a car with stacked UM coverage, that policy can apply even though they were walking, not driving, when they were hit. UM coverage on a household member’s policy may also apply. Some policies require physical contact between the vehicle and the victim for a hit-and-run UM claim, which a pedestrian strike usually satisfies, but it is worth checking early.
A hit-and-run leaves no at-fault driver to sue, so these claims turn on the language buried in insurance policies, and carriers do not always volunteer the coverage that applies. An attorney can pull every policy in the household, check for stacking, and file the UM claim before deadlines pass.
Filing a Wrongful Death Claim After a Miami Pedestrian Crash
Florida’s Wrongful Death Act lets certain family members recover after a loved one is killed by another person’s negligence or wrongful act. The claim is brought by a personal representative of the estate, and surviving spouses, children, and sometimes parents can recover for lost support, lost companionship, and their own mental pain from the loss. Florida gives families two years from the date of death to file, so waiting to talk to a lawyer can quietly cost a family its case.
If the driver is later identified and carried insurance, that liability coverage becomes another source of recovery. Families often end up with more than one claim: a UM claim through their own coverage and a liability claim against the driver once police make an arrest. Sorting out which claim applies, and in what order, is where a wrongful death claim handled by an attorney protects the family’s full recovery.
If your family lost someone in a hit-and-run pedestrian crash in Miami, call Friedman Rodman Frank & Estrada at (305) 448-8585 or contact us online. The consultation is free, and you pay nothing unless we recover compensation for you.