A Boynton Beach pedestrian accident lawyer can provide valuable guidance if you have been injured while walking in our community. Data from the Florida Highway Safety and Motor Vehicles (FLHSMV) shows that in 2022 there were 10,013 pedestrian-related crashes across Florida, resulting in 765 fatalities. These numbers show how common and serious these accidents can be.
When a vehicle strikes a pedestrian, the impact often leads to serious injuries, long periods of medical care, emotional strain, and significant financial challenges that can affect every part of daily life. By working with a pedestrian accident attorney in Boynton Beach, you gain an experienced advocate who handles the legal process with care, giving you the time and space to focus on your recovery.
At Frankl Kominsky Injury Lawyers, we are dedicated to protecting your rights and helping you pursue the financial recovery you are entitled to under Florida law. Call us at (561) 800-8000 to arrange a free consultation with our team.
The Role of a Boynton Beach Pedestrian Accident Lawyer in Your Claim
After a serious pedestrian collision, your first priority should be your health and recovery. Unfortunately, the legal process moves forward on its own schedule, often with strict deadlines that cannot be ignored. Working with the experienced team at Frankl Kominsky Injury Lawyers offers valuable support, giving you the opportunity to focus on healing while we handle the pressures of insurance negotiations and complex legal procedures.
How Our Boynton Beach Pedestrian Accident Lawyers Investigate Your Case
A successful personal injury claim begins with a swift and thorough investigation. Our attorneys move quickly to preserve critical evidence that can otherwise be lost over time.
This process includes obtaining the official crash report from the Boynton Beach Police Department or the Palm Beach County Sheriff's Office. We also prioritize identifying and interviewing any eyewitnesses whose testimony may be instrumental in corroborating the facts of your case.
Our investigation often includes visiting the accident scene, whether on major roads such as Congress Avenue and Woolbright Road or on a smaller residential street. This allows us to document road conditions, traffic patterns, and visibility.
Furthermore, we work diligently to secure available surveillance footage from nearby businesses or traffic cameras, as this type of evidence can offer indisputable proof of a driver's negligence.
Identifying All Liable Parties in a Boynton Beach Pedestrian Accident
Although the driver is often the most obvious party at fault, a thorough investigation frequently uncovers additional individuals or entities that may share responsibility. Our legal team carefully reviews every detail that could have contributed to the crash.
For instance, if the driver was working at the time of the incident, their employer could be legally responsible under the principle of vicarious liability. In other cases, hazardous road conditions or a malfunctioning traffic signal may indicate that a government agency bears some of the fault.
By examining every possible factor, we work to hold all responsible parties accountable. This approach can increase the potential sources of compensation, which is especially important in serious injury cases.
Calculating Damages After a Pedestrian Accident in Boynton Beach
Insurance adjusters often present initial settlement offers that fail to account for the long-term consequences of a serious injury. Our attorneys engage in a far more detailed and forward-looking calculation of your damages.
We collaborate with you, your treating physicians, and, when necessary, respected economic and life-care planning consultants to project the full financial impact of your injuries over your lifetime. This calculation includes not only your current medical bills but also the anticipated costs of future surgeries, ongoing rehabilitation, potential in-home care, and necessary medical equipment.
We carefully document your lost income and work with vocational experts to assess how your injuries may affect your capacity to earn a living in the future. We believe a fair settlement is one that accurately reflects the total impact the accident has had, and will have, on your life.
Negotiating With Insurance Companies After a Boynton Beach Pedestrian Accident
Insurance companies focus on protecting their bottom line, which often means trying to minimize claim payouts. Their adjusters are highly trained negotiators who are skilled at protecting their company's financial interests.
When you are represented by an attorney from Frankl Kominsky Injury Lawyers, the dynamic of these negotiations shifts significantly. We manage all communications on your behalf, allowing you to avoid the stress and potential pitfalls of speaking directly with adjusters. We provide the insurance company with a detailed, evidence-supported demand package that clearly explains their policyholder’s liability and the full scope of your losses.
Our reputation as experienced trial lawyers who prepare every case as if it will go to court gives us a strong advantage during negotiations. Insurers know that we are fully prepared to take a case to trial if a fair settlement is not offered.
Navigating the Risks of Pedestrian Accidents in Boynton Beach
Boynton Beach is a growing city, and with that growth comes heavier traffic and increased risks for those on foot. Certain busy roads and commercial areas see a higher number of accidents, often due to complex traffic patterns, frequent driveways, and drivers who are not fully attentive. Parking lots, such as those near major shopping areas, can also be hazardous when visibility is limited.
Many collisions happen in familiar ways, including drivers failing to yield at crosswalks, making quick turns without checking for pedestrians, or backing up without a clear view. Distracted driving, especially involving smartphones, remains a major factor in these incidents.
Florida law requires every driver to operate their vehicle safely, follow traffic rules, and yield to pedestrians when required. When that duty is ignored and someone is injured, the driver can be held legally responsible for the harm caused.
Understanding Florida Pedestrian and Traffic Laws in Your Boynton Beach Accident Claim
The legal framework that governs pedestrian accidents in Florida is multifaceted, involving a number of interlocking statutes. An experienced Boynton Beach pedestrian accident attorney can explain how these laws apply to your situation.
Florida Crosswalk Laws That Affect Your Boynton Beach Pedestrian Accident Case
The primary law defining the rights and responsibilities of pedestrians is Florida Statute 316.130. This statute explicitly requires drivers to yield to a pedestrian within a crosswalk if the pedestrian is on the same half of the roadway as the vehicle or is approaching from the opposite half so closely as to constitute a danger.
However, the statute also outlines duties for pedestrians, including the responsibility to not leave a curb and enter the path of a vehicle that is too close to stop safely. Insurance companies often focus on these pedestrian duties in an attempt to shift blame.
How Comparative Negligence May Affect Your Boynton Beach Pedestrian Injury Claim
Florida's civil justice system operates under a modified comparative negligence model, as outlined in Florida Statute 768.81. This rule allows an injured party to recover damages even if they are found to be partially at fault for the accident.
In such cases, a judge or jury determines the percentage of fault attributable to each party. The injured party's total compensation award is then reduced by their assigned percentage of fault.
For example, a $200,000 award would be reduced to $180,000 if the plaintiff were found 10% at fault. It is important to know that under the current statute, an individual found to be more than 50% at fault may be barred from recovering any damages.
How Insurance Companies Leverage Comparative Negligence
Insurance adjusters are deeply familiar with this legal standard and frequently use it as a tool to reduce their financial exposure. They may argue that you were distracted by your phone, were not using a designated crosswalk, or were wearing dark clothing at night, all in an effort to assign you a greater share of the fault.
A skilled lawyer for pedestrian accidents in Boynton Beach anticipates these arguments and counters them by presenting compelling evidence that establishes the driver's primary or sole negligence.
How PIP Coverage Applies in a Boynton Beach Pedestrian Accident
As a Florida resident, your own Personal Injury Protection (PIP) insurance coverage is typically the first resource for your medical bills following an accident, regardless of who was at fault. As explained by the Florida Department of Highway Safety and Motor Vehicles (FLHSMV), PIP is designed to cover 80% of your initial, necessary medical expenses up to a standard limit of $10,000.
If you do not own a vehicle, you may be able to file a claim under the PIP policy of the driver who hit you. While these funds provide important immediate assistance, they are often exhausted quickly and are insufficient to cover the costs of a serious injury, which is why pursuing a personal injury claim against the at-fault driver becomes necessary.
Understanding the Types of Damages in a Boynton Beach Pedestrian Accident Claim
A personal injury claim is meant to help you recover financially and regain stability after an accident. This includes compensation for both measurable financial losses and the harder‑to‑quantify effects on your daily life. A knowledgeable attorney makes sure every category of damage is carefully evaluated.
Economic Damages in a Boynton Beach Pedestrian Accident Case
Economic damages cover the direct, documented costs related to your injuries. These are proven through records such as medical bills, receipts, and wage statements. A thorough claim may include:
- Past and Future Medical Expenses: Costs for emergency care, surgeries, hospital stays, rehabilitation, therapy, medications, and expected future treatment.
- Lost Wages and Reduced Earning Capacity: Income you could not earn while recovering and any future earnings affected by lasting injuries.
- Other Out-of-Pocket Costs: Expenses such as transportation to medical appointments, home or vehicle modifications, or hiring help for tasks you can no longer manage.
Careful documentation of these losses strengthens your case and helps you pursue a fair settlement.
Non‑Economic Damages for Pedestrian Accident Injuries
Non‑economic damages address the personal, non‑financial impact of a pedestrian accident. Calculating these damages requires legal skill and supporting evidence. These may include:
- Pain and Suffering: Ongoing physical pain, discomfort, and emotional distress.
- Mental Anguish: Anxiety, depression, sleep disturbances, or PTSD resulting from the accident.
- Loss of Consortium: A spouse’s loss of companionship, services, or intimacy.
- Scarring and Disfigurement: Permanent physical changes that affect self‑esteem and overall quality of life.
These damages acknowledge the lasting effects of the accident and the challenges you face moving forward.
Punitive Damages in Severe Boynton Beach Pedestrian Accident Cases
In rare situations involving extreme negligence or intentional misconduct, such as when a driver is severely impaired by alcohol or drugs, Florida law allows punitive damages. These are awarded to punish serious wrongdoing and discourage similar conduct in the future.
FAQs for Boynton Beach Pedestrian Accident Lawyer
What is the time limit for filing a pedestrian accident claim in Florida?
In Florida, the statute of limitations for most personal injury claims is two years from the date of the accident. This deadline is established by Florida Statute 95.11. If a lawsuit is not filed within this two-year window, you will likely forfeit your right to seek compensation permanently.
What happens if the driver who hit me is uninsured or underinsured?
If the at-fault driver lacks insurance or has insufficient coverage to pay for all of your damages, you may be able to file a claim under your own Uninsured/Underinsured Motorist (UM/UIM) policy. This is an optional but highly valuable form of coverage you can add to your own auto insurance policy to protect yourself in precisely these types of situations.
Can I still have a case if I was partially responsible for the accident?
Yes, due to Florida's comparative negligence rule, you may still be able to recover damages even if you were partially at fault. You should not assume you do not have a valid claim. An experienced attorney can work to minimize any percentage of fault assigned to you in order to protect your right to a fair recovery.
How are legal fees handled for a pedestrian accident case?
Frankl Kominsky Injury Lawyers represents clients in pedestrian accident cases on a contingency fee basis. This arrangement means that you do not pay any upfront fees to retain our firm. We are only paid a legal fee if we successfully recover financial compensation for you, either through a negotiated settlement or a court verdict. Our fee is calculated as a percentage of the total recovery.
Contact a Boynton Beach Pedestrian Accident Lawyer to Start Your Case Today
Recovering after a pedestrian accident can be a long and difficult process, often involving ongoing pain, emotional strain, and financial uncertainty that can affect many parts of your life.
You do not have to face these challenges alone. Choosing to protect your legal rights is an important step toward rebuilding your life and moving forward with greater confidence. The law provides a way to hold negligent parties responsible, and our firm is here to guide you through each stage with knowledge and dedication.
At Frankl Kominsky Injury Lawyers, we are ready to stand with you and advocate on your behalf. Our team takes the time to listen carefully to your story, review every detail of your case, and explain your legal options in clear, straightforward terms.
With strong connections to the Boynton Beach community and a steady commitment to those we represent, our Boynton Beach personal injury lawyers are here to help you pursue the best possible outcome. Call us today at (561) 800-8000 to schedule your free, no‑obligation consultation.