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Getting hit by a car while walking changes everything in a few seconds, and the driver's insurer often starts building its version of events before you leave the hospital. Frankl Kominsky Injury Lawyers represents pedestrians hurt in West Palm Beach and across Palm Beach County. As your West Palm Beach pedestrian accident attorneys, we offer free consultations 24/7 and charge no attorney fees unless we recover compensation for you.
Our headquarters sits in Boynton Beach, inside Palm Beach County, so the courts, roads, and medical providers here are part of our everyday work. Call 561-800-8000 to tell us what happened.
How Can a West Palm Beach Pedestrian Accident Attorney Help?
A West Palm Beach pedestrian accident attorney proves how the crash happened, identifies every insurance policy that applies, and documents the full cost of your injuries. Pedestrian claims often turn into a dispute over where you were and what the signal showed, so the work starts with evidence.
Our team typically handles these tasks:
- Requesting video from businesses, traffic cameras, and transit stops near the crash
- Getting the crash report from the West Palm Beach Police Department, the Palm Beach County Sheriff's Office, or the Florida Highway Patrol
- Interviewing witnesses before memories fade
- Sorting out personal injury protection (PIP), bodily injury, and uninsured motorist coverage
- Gathering medical opinions on permanency and future care
With that groundwork in place, negotiations start from facts instead of the driver's account. We also deal directly with adjusters, so you can focus on treatment instead of fielding calls about recorded statements and medical authorizations.
Rooted in Palm Beach County
Frankl Kominsky Injury Lawyers has community ties in Palm Beach County that run deeper than a business address. Since the firm opened in 2009, we have supported the Farm Worker Coordinating Council of Palm Beach County, including a back-to-school event where our team helps assemble and hand out school supplies to local families.
West Palm Beach clients rely on us for:
- A lawyer who drives the case personally, backed by case managers and legal assistants
- After-hours check-in calls during treatment, not only updates when something changes
- Over $250 million recovered for injured clients and 60+ years of combined injury law experience
- Over 2,000 verified client reviews and a BBB A+ rating
- Staff fluent in Spanish and Creole
Our reputation with defense lawyers in this county matters too, because an organized, responsive firm gets taken seriously at the negotiating table.
Where Do Pedestrian Crashes Happen in West Palm Beach?
Pedestrian crashes in West Palm Beach cluster where heavy traffic meets heavy foot traffic. Downtown streets, wide commercial roads, and school areas each create their own risks.
Downtown and the Waterfront
Clematis Street, Rosemary Avenue, and Flagler Drive draw crowds day and night, and drivers circling for parking often miss people stepping off the curb. Turning vehicles at downtown intersections are a common source of crosswalk crashes.
Wide Commercial Corridors
Okeechobee Boulevard, Palm Beach Lakes Boulevard, Dixie Highway, and Military Trail carry fast traffic across many lanes. People walking to bus stops and shopping centers along these roads face long crossings with little margin for driver error.
School Zones and Neighborhoods
Children walking to school and families in residential areas count on drivers slowing down. Florida law requires drivers to take extra care when they see a child or anyone who appears confused or impaired.
Older adults crossing wide roads near shopping plazas and medical offices face similar risks, since many need more time than a short walk signal allows. A driver rushing a turn on a fresh green light often fails to see someone still finishing the crossing.
Bus Stops and Transit Areas
Riders walking to and from Palm Tran stops and the downtown train station often cross busy roads at the end of a trip. Poor lighting and long gaps between crosswalks add to the danger at night.
What Injuries Do Pedestrians Suffer in West Palm Beach Crashes?
Pedestrians hit by vehicles in West Palm Beach often suffer injuries far more serious than those of people inside a car, because nothing absorbs the impact. The first point of contact is usually the legs and hips, followed by the head striking the hood, windshield, or pavement.
Injuries we see in these cases include:
- Traumatic brain injuries and concussions
- Broken legs, hips, pelvis, and arms
- Spinal cord and back injuries
- Internal injuries and organ damage
- Facial fractures, dental injuries, and deep lacerations
Many of these injuries need surgery, months of therapy, or lifelong care, so the claim has to account for the future as well as today's bills.
How Is Fault Proven When a Pedestrian Is Hit?
Fault in a West Palm Beach pedestrian accident is proven through the traffic rules that applied at the crash site and the evidence showing how each person acted. Drivers and pedestrians both have duties under Florida law, and insurers often focus on the pedestrian's choices first.
The Rules Both Sides Follow
Under section 316.130, drivers must stop for pedestrians crossing with a walk signal, and pedestrians crossing outside a crosswalk must yield to traffic. Every driver must still use due care to avoid hitting anyone on foot, even when the pedestrian made a mistake.
Shared Fault and Your Recovery
Florida follows modified comparative negligence, which reduces your recovery by your share of fault and bars recovery above 50%. If your damages total $300,000 and a jury finds you 20% at fault for crossing mid-block, you recover $240,000.
Evidence That Settles the Dispute
Video, vehicle event data, the point of impact, skid marks, and witness accounts often show a driver was speeding or distracted. Phone records may also come into play when there are signs the driver was texting. That evidence counters the "came out of nowhere" defense insurers rely on.
What Compensation Is Available to Injured Pedestrians?
Injured pedestrians in West Palm Beach may recover medical costs, lost income, and pain and suffering, depending on the severity of the injury and the insurance available. Pain and suffering damages against a driver require an injury that meets Florida's permanency threshold, such as a permanent injury or significant scarring.
| Type of loss | What it covers | Proof that helps |
|---|---|---|
| Medical expenses | Emergency care, surgery, therapy, future treatment | Bills, records, and doctor projections |
| Lost income | Missed work and reduced earning ability | Pay records and employer statements |
| Pain and suffering | Physical pain, emotional distress, loss of enjoyment | Treatment history and personal accounts |
| Scarring and disfigurement | Lasting changes to appearance | Photos and medical opinions |
Florida juries often see the amounts actually paid for medical care rather than the full billed amount, so complete and accurate records protect the value of your claim.
Other Parties Who May Share Responsibility
The driver who hit you is not always the only party responsible for a West Palm Beach pedestrian accident. Bringing in every responsible party often opens more insurance coverage.
Employers and Vehicle Owners
When the driver was working, such as a delivery driver or a contractor in a company truck, the employer may be responsible for the crash. Florida law also holds vehicle owners responsible in many cases when they let someone else drive.
Public Agencies and Property Owners
Missing crosswalk signals, faded markings, broken sidewalks, and poorly lit parking lots sometimes contribute to a pedestrian crash. Depending on who controls the area, a property owner or government agency may share fault.
How Long Do You Have to File a Pedestrian Claim in Florida?
Most pedestrian injury claims in Florida must be filed within two years under section 95.11(5)(a), a rule that applies to crashes after March 24, 2023. Lawsuits seeking more than $50,000 go to circuit court in the 15th Judicial Circuit, at the Palm Beach County Main Courthouse on North Dixie Highway.
When a Government Vehicle or Road Is Involved
Claims against the City of West Palm Beach, Palm Beach County, or a state agency require written notice within three years and carry damage caps. A city bus, a county vehicle, or a dangerous public crosswalk raises these rules.
Missteps to Avoid After Being Hit by a Car
A few common missteps after a West Palm Beach pedestrian accident give insurers reasons to lower an offer or deny a claim. Avoiding them protects the value of your case.
- Apologizing at the scene or guessing about what happened
- Waiting more than 14 days to see a doctor
- Posting photos or updates about the crash and your activities online
- Signing medical authorizations or releases from the driver's insurer
- Skipping follow-up appointments or physical therapy
Each of these gives the other side material to argue your injuries are minor or your account is unreliable.
Results for Our Injured Clients
Our firm's published results reflect how we pursue full value when injuries are serious. Recent recoveries include:
- $4,150,000 for a severe leg fracture, spinal injury, and foot injury
- $2,000,000 in a wrongful death case
- $1,065,000 for a leg fracture with cervical and lumbar injuries
- $750,000 for orthopedic injuries
Every claim depends on its own evidence and injuries, and prior results do not predict a future outcome.
FAQs: West Palm Beach Pedestrian Accidents
What if the driver who hit me left the scene?
If a driver fled after hitting you in West Palm Beach, your own PIP and uninsured motorist coverage, or a household member's, often pays even if the driver is never found. Report the crash to police right away, since insurers expect a police report in hit-and-run claims.
Does my health insurance pay if I was hit by a car?
In a Florida pedestrian accident, PIP generally pays first, and health insurance may pay remaining medical bills after PIP runs out. Your health insurer may later seek repayment from a settlement, so those liens are part of the final numbers.
Can a family file a claim if a pedestrian was killed in West Palm Beach?
Yes, when a pedestrian is killed in West Palm Beach, the personal representative of the estate may file a wrongful death claim on behalf of the surviving family under Florida's Wrongful Death Act. The claim may include lost support, loss of companionship, and medical and funeral costs.
Should I give a statement to the driver's insurance company?
You have no obligation to give a recorded statement to the at-fault driver's insurer after a Florida pedestrian accident. Adjusters often use early statements to argue that the pedestrian was distracted or crossing in the wrong place.
How much does a pedestrian accident attorney cost in West Palm Beach?
Frankl Kominsky Injury Lawyers handles pedestrian accident cases on a contingency fee, so you pay no attorney fees unless we recover money for you. The percentage appears in a written agreement that follows Florida Bar rules.
Put Evidence Behind Your Side of the Story
A pedestrian crash often comes down to two versions of a few seconds, and the driver usually gets to tell theirs first. The evidence, the medical record, and the right lawyer make sure yours carries equal weight.
Frankl Kominsky Injury Lawyers has stood with injured people in Palm Beach County for years, and we bring that local experience to every case. Call 561-800-8000 for a free consultation, available 24/7.
