Pedestrian accidents in Palm Beach County can have serious and life-altering consequences. Negligent drivers, whether distracted, speeding, or failing to yield, are often the cause of these collisions. Victims may suffer a wide range of injuries, including traumatic brain injuries, broken bones, spinal cord damage, and emotional trauma.
Under Florida’s 51 percent modified comparative fault rule, a pedestrian can recover compensation in a third-party lawsuit only if they are 50 percent or less at fault for the accident. Any recovery is then reduced by the pedestrian’s percentage of fault, and no recovery is allowed if the pedestrian is 51 percent or more at fault.
Handling the legal process after a pedestrian accident can be complicated and stressful. The attorneys at Frankl Kominsky Injury Lawyers guide clients through every step, from gathering evidence and documenting injuries to filing lawsuits, negotiating with insurance companies, and handling litigation. Our team works to protect your rights and maximize your recovery while minimizing the stress of the legal process. For a free case evaluation and legal consultation, please contact us online today.
Key Takeaways: Pedestrian Accident Lawsuits in Palm Beach County
• Pedestrian accidents in Palm Beach County are often caused by negligent drivers, including those who speed, are distracted, fail to yield, or drive under the influence.
• Florida’s 51 percent modified comparative fault rule limits recovery. Pedestrians can only recover compensation in a third-party lawsuit if they are 50 percent or less at fault, and any damages are reduced by their percentage of fault. Pedestrians 51 percent or more at fault cannot recover at all.
• Common injuries in these accidents include traumatic brain injuries, broken bones, spinal cord damage, internal injuries, soft tissue injuries, and emotional trauma.
• Recoverable compensation may include economic losses like medical bills and lost income, as well as non-economic losses such as pain and suffering.
• Key types of evidence to prove driver negligence include witness statements, police reports, photographs, traffic and security camera footage, medical records, and expert analysis or accident reconstruction.
• Pedestrian accidents frequently occur on busy streets and intersections, including US-1, Okeechobee Boulevard, Military Trail, Clematis Street, and other commercial or high-traffic areas.
• Frankl Kominsky Injury Lawyers handle the entire process for injured pedestrians, including evidence collection, insurance negotiations, lawsuit filings, and court representation, ensuring your rights are fully protected while reducing stress.
• Skilled legal guidance is critical to maximize recovery and minimize personal liability under Florida’s modified comparative fault law.
How Do Negligent Drivers Cause Pedestrian Accidents in Palm Beach County?
Distracted Driving
Negligent drivers often cause pedestrian accidents by failing to pay attention to the road. Distractions like texting, phone calls, eating, or adjusting the radio make it difficult for drivers to notice pedestrians in time.
High-traffic areas such as Clematis Street in West Palm Beach or the sidewalks along Worth Avenue in Palm Beach are particularly dangerous. Even a brief lapse in attention can lead to a collision with pedestrians crossing streets or walking along busy sidewalks.
Speeding
Speeding reduces a driver’s ability to stop quickly, increasing the risk of hitting a pedestrian. Roads like Military Trail, Okeechobee Boulevard, and US-1 see frequent speeding incidents.
In these areas, pedestrians are often present near shopping centers, schools, and parks. The faster a vehicle moves, the more severe injuries can become, making speed a major contributor to accidents caused by negligent driving.
Failure to Yield
Many accidents occur when drivers fail to yield the right-of-way to pedestrians at crosswalks or intersections. Locations such as the intersection of Lake Worth Road and Jog Road, or Forest Hill Boulevard near residential neighborhoods, are common sites for such incidents.
Drivers ignoring traffic signals or pedestrian crossing signs force pedestrians to dodge vehicles, often resulting in collisions.
Driving Under the Influence
Operating a vehicle while under the influence of alcohol or drugs impairs judgment and slows reaction time. DUI-related pedestrian accidents frequently happen along Clematis Street, downtown West Palm Beach, and near nightlife areas in Boynton Beach.
Impaired drivers are less able to see pedestrians, anticipate movement, or stop safely, increasing the likelihood of serious accidents.
Aggressive Driving
Aggressive behaviors like tailgating, running red lights, or weaving through traffic create hazardous conditions for pedestrians.
Busy streets such as Congress Avenue, US-1, and Palm Beach Lakes Boulevard are especially prone to accidents caused by reckless driving. Pedestrians in these areas are at high risk when drivers act negligently.
Palm Beach County Pedestrian Accident Injuries
Head and Brain Injuries
One of the most common injuries pedestrians suffer in Palm Beach County accidents are head and brain injuries. When a driver strikes a pedestrian, the impact can cause traumatic brain injuries (TBIs), concussions, or skull fractures. Even low-speed collisions can result in serious head trauma, especially for older adults or children. These injuries often require extensive medical treatment and can lead to long-term cognitive or neurological problems.
Broken Bones and Fractures
Pedestrian accidents frequently cause broken bones and fractures. Ribs, pelvises, legs, and arms are particularly vulnerable. The force of a vehicle hitting a person can shatter bones or cause multiple fractures at once. Victims often require surgery, casts, or physical therapy to regain mobility, and recovery can take months.
Spinal Cord Injuries
Spinal cord injuries are another serious consequence. Pedestrians struck by vehicles may suffer partial or complete paralysis depending on the severity and location of the injury. Spinal injuries can lead to chronic pain, limited mobility, and long-term medical care needs.
Internal Injuries
Internal injuries are common but sometimes harder to detect immediately. Organs like the liver, spleen, or kidneys can be damaged during a collision, leading to internal bleeding or other life-threatening complications. Prompt medical attention is critical for survival and recovery.
Soft Tissue Injuries
Soft tissue injuries, including bruises, sprains, and torn ligaments, are frequent in pedestrian accidents. While these injuries may seem minor compared to fractures or TBIs, they can still cause significant pain, swelling, and long-term discomfort, often requiring physical therapy.
Psychological Trauma
Victims also often experience psychological trauma, including anxiety, depression, or post-traumatic stress disorder (PTSD). The emotional impact of a pedestrian accident can be as severe as physical injuries and may affect daily life, work, and personal relationships.
Filing a Third-party Lawsuit for a Palm Beach County Pedestrian Accident, Given Florida’s 51% Modified Comparative Fault Rule
In 2023, Florida updated its law regarding personal injury cases. Under the new 51 percent modified comparative fault rule, an injured pedestrian can pursue a third-party lawsuit as long as they are not 51 percent or more at fault for the accident. In that instance, the pedestrian is not eligible to recover any damages. However, if they are 50 percent or less at fault, they may still be eligible to recover compensation, but their total compensation award is reduced by their percentage of fault for the accident. This change makes it essential to prove the driver’s negligence clearly.
Initial Consultation and Case Evaluation
The first step in filing a third-party pedestrian accident lawsuit in Palm Beach County is scheduling a consultation with our experienced pedestrian accident attorneys. During this stage, our team at Frankl Kominsky Injury Lawyers will review your case, examine evidence, and assess how the 51 percent fault threshold applies. This evaluation helps determine the strength of your claim and the best strategy moving forward.
Negotiations and Insurance Claims
After evaluating the case, our attorneys often attempt to negotiate a settlement with the insurance company. These discussions aim to resolve the matter efficiently without going to court. Strong documentation, witness statements, and accident reconstruction are critical to demonstrating the driver’s negligence.
Filing the Lawsuit and Litigation
If a fair settlement cannot be reached, the case moves to litigation. Our pedestrian accident attorneys will file the complaint in the appropriate Palm Beach County court and manage all procedural steps, including motions, deadlines, and discovery. During discovery, the parties will exchange documents and information. They may also take part in additional settlement discussions. If the case does not settle, it may be resolved at an alternative dispute resolution (ADR) proceeding or at a courtroom trial.
How Frankl Kominsky Injury Lawyers Can Help
Our team handles every step of the process on your behalf. We gather evidence, communicate with insurance companies, interview witnesses, and prepare your case for trial if necessary. By managing legal filings and courtroom procedures, we reduce your stress and protect your rights.
Proving Negligence in a Palm Beach County Third-party Pedestrian Accident Lawsuit
Witness Statements
One of the most important ways to prove a driver’s negligence is through witness testimony. Bystanders who saw the accident can provide detailed accounts of how it happened, including whether the driver ran a red light, failed to yield, or was distracted. Statements from multiple witnesses can strengthen your case by confirming your version of events.
Traffic Camera and Surveillance Footage
Footage from traffic cameras, nearby businesses, or security systems can clearly show how the accident occurred. Video evidence can reveal the driver’s speed, whether they ignored signals, or if they were using a phone. In Palm Beach County, busy intersections and commercial areas often have cameras that can capture important moments.
Police Reports
Police reports are official documents that outline the details of the accident. Officers record statements, note road conditions, and document any traffic violations. While not conclusive on their own, these reports provide a credible account that supports claims of negligence.
Photographs and Accident Scene Documentation
Photographs of the accident scene, including vehicle positions, skid marks, traffic signs, and road conditions, help reconstruct the collision. Documenting injuries and property damage can also demonstrate the severity of the accident and the impact of the driver’s actions.
Expert Analysis
Accident reconstruction experts can analyze evidence to show how the collision occurred. They can calculate vehicle speeds, angles of impact, and other technical factors that prove the driver acted negligently.
Medical Records
Medical records establish the extent of injuries caused by the accident. Linking injuries directly to the driver’s actions helps show that negligence led to real harm.
Recoverable Compensation in a Palm Beach County Third-Party Pedestrian Accident Lawsuit
In a Palm Beach County third-party pedestrian accident lawsuit, recoverable compensation depends on Florida’s 51 percent modified comparative fault rule. If a pedestrian is found 51 percent or more at fault for the accident, they cannot recover any compensation. If the pedestrian is 50 percent or less at fault, they may recover damages, but the total award is reduced by their percentage of fault.
Recoverable compensation may include medical expenses, future medical care, lost income, reduced earning capacity, pain and suffering, emotional distress, and permanent disability or disfigurement. In fatal accidents, surviving family members may also seek wrongful death damages.
Florida’s Personal Injury Protection (PIP) insurance also affects pedestrian claims. PIP generally applies to pedestrians struck by motor vehicles and may cover up to 80 percent of medical bills and 60 percent of lost income, regardless of fault. However, PIP benefits are limited, so injured pedestrians often pursue additional compensation through a negligence lawsuit when injuries are severe.
FAQs: Palm Beach County Pedestrian Collisions
What is the 5 percent modified comparative fault rule in Florida?
Florida’s 51 percent rule means a pedestrian can only recover compensation if they are 50% or less at fault for an accident. If a pedestrian is 51% or more at fault, they cannot recover anything. Any recovery is reduced by the pedestrian’s percentage of fault.
What compensation can I recover in a third-party pedestrian accident lawsuit?
Pedestrians may recover economic losses, such as medical bills, rehabilitation costs, and lost income, as well as non-economic losses, including pain and suffering or emotional distress. Amounts can be reduced based on the pedestrian’s percentage of fault.
How do I prove the driver was negligent?
Evidence such as witness statements, traffic camera footage, police reports, photographs of the scene, medical records, and expert analysis can demonstrate driver negligence. These pieces of evidence are essential to support a third-party claim or lawsuit.
How can Frankl Kominsky Injury Lawyers help?
Our attorneys handle every step of the process. We gather evidence, communicate with insurance companies, file lawsuits, and manage litigation. We aim to reduce your stress while protecting your rights and maximizing recovery under Florida’s 51 percent modified comparative fault rule.
Where do these accidents most commonly happen?
Pedestrian accidents in Palm Beach County often occur at busy streets, intersections, and commercial areas, including US-1, Okeechobee Boulevard, Military Trail, Clematis Street, and other high-traffic locations.
Talk with an Experienced Palm Beach County Pedestrian Accident Lawyer Today
At Frankl Kominsky Injury Lawyers, our attorneys will aggressively represent you throughout your third-party pedestrian accident lawsuit and work to maximize your recoverable damages.
For a free case evaluation and legal consultation with a knowledgeable pedestrian accident attorney in Palm Beach County, please contact us online right away.
