Boca Raton Pedestrian Accident Lawyer

February 28, 2023 | Attorney, Matthew Dolman

The most recent data from the Florida Department of Highway Safety and Motor Vehicles (FLHSMV) reveals that 8,117 pedestrian crashes occurred in 2020. Of those collisions, 715 resulted in a fatality. These numbers are consistent with pedestrian accident statistics from previous years. In fact, Florida was fifth in the nation for pedestrian accidents in 2017 and second for fatalities in 2017. 

Pedestrians may cause accidents, but more often than not, it is the negligence of a motor vehicle driver that injures a pedestrian. If you or someone that you love has been injured while walking in South Florida, you need to call an experienced pedestrian accident attorney as soon as possible; time is of the essence in personal injury cases. Contact the skilled Boca Raton pedestrian accident lawyers at Dolman Law Group, Accident Injury Lawyers at (727) 451-6900 to discuss the merits of your case.

Common Pedestrian Accident Injuries

Pedestrians that are in an accident are more likely to suffer life-changing injuries because, unlike drivers of automobiles, there is no protection for their bodies. Here are some of the most common pedestrian accident injuries:

  • Cuts, scrapes, bruises, and road rash
  • Internal bleeding
  • Broken bones
  • Head traumas that may result in concussions or traumatic brain injuries
  • Neck and spinal cord injuries that may result in paralysis
  • Amputations
  • Scarring and disfigurement

Liable Parties in Boca Raton Pedestrian Accidents

Many different scenarios may result in a pedestrian getting injured, but often, pedestrian accidents occur because of a negligent driver. Florida Statutes § 316.130(15) requires that drivers “shall exercise due care to avoid colliding with any pedestrian…” Here are some of the most common examples of drivers not exercising due care that may cause a pedestrian accident:

  • Driver fails to use turn signal or signals incorrectly
  • Driver fails to yield at crosswalk
  • Driver is fatigued
  • Driver is going too fast for conditions
  • Driver is under the influence of prescription medications, drugs, or alcohol
  • Driver is texting or using phone
  • Driver runs a red light or stop sign

In some cases, your lawyer may advise you to file suit against the city and/or their engineers because of a poor street layout, missing stop signs, or the failure to fix broken traffic lights. Pedestrians may also be at fault for accidents. For example, jaywalking may create unavoidable accidents, and depending on the specific details of the case, a judge may find the pedestrian at fault in this scenario.

Recoverable Damages in Boca Raton Pedestrian Accidents

Florida law states that victims injured in a pedestrian accident may be compensated for damages directly related to their injury, including:

  • Ambulance rides and emergency services
  • Hospitalization and other medical expenses such as surgery, radiology, and medical prescriptions
  • Rehabilitation, recovery, and physical therapy
  • Assistive devices such as canes, walkers, or wheelchairs
  • Lost wages for work missed because of the injury
  • Lost future wages if a victim must change careers or cannot return to work because of their injury
  • Pain and suffering

Surviving family members may file a wrongful death suit in the case of a fatality and seek related damages.

Recoverable Damages in a Wrongful Death Lawsuit

If your loved one died from injuries they suffered in a pedestrian accident, we truly are sorry for your loss. We are thinking of you and your family at this challenging time, and we send our condolences. 

Filing a wrongful death action may be the farthest thing from your mind right now, and that is understandable. However, if you find that you want to seek wrongful death damages from the party responsible for your family member's untimely passing, we can help you explore that option. Our team will explain how Florida law works in these kinds of cases.

If you win your case, you could recover damages to help you with the common end-of-life expenses, such as your loved one's funeral arrangements and medical expenses. You could also recover compensation for the lost income your loved one contributed to the household and their pain and suffering. We can walk you through the process, explain the steps you could take, and answer your questions during a free consultation.

We Will Assess Your Damages and Assign Value to Your Case

Often, pedestrian accident victims want to know how much they could receive for their injuries and losses after an unfortunate event happens. The answer varies by the case and the factors involved, such as how severe the injuries and losses are and the time it takes to heal from the accident. 

The accident's lasting impact on your daily life is also considered. If you cannot perform your usual activities or must take another job because your injuries prevent you from working, your monetary award could be larger.

Our Lawyers Can Help You Avoid Accepting a Too-Low Insurance Settlement

We will review all of your damages, help you find ones you may not be aware of, and calculate each one to come up with a settlement amount that meets your needs. Having this figure in hand as we request compensation from the liable party helps you avoid accepting an insurance settlement that is too low to cover your accident losses. 

Our team will counsel you on these offers should you receive any, but we will leave the final decision to you. It is important to note that once you accept an offer from an insurer, you cannot seek further compensation from the liable party.

How Do Responsible Parties Avoid Liability?

Florida applies the pure comparative negligence rule when awarding damages to a victim in a personal injury case (Florida Statutes § 768.81). Comparative negligence is the notion that the injured party may carry some of the blame for their injury in certain cases. 

Comparative Negligence in a Florida Pedestrian Case

Once the court decides in your favor, they may also assign a percentage of blame to each party. For example, a pedestrian jaywalks while a driver is texting on his phone and hits the pedestrian. In this case, the court may say the driver is 80 percent at fault and the pedestrian is 20 percent at fault. If the court awards $100,000, they will reduce that award by 20 percent, and the victim will only receive $80,000. 

With pure comparative negligence in play, liable parties will go out of their way to minimize liability. Insurance companies may deny claims and downplay injuries. If a case goes to trial, the defense may claim that the plaintiff broke Florida pedestrian laws, was inattentive, or a host of other defenses. 

A skilled pedestrian accident attorney knows these tricks and will defend you against these types of attacks, should you have to endure them during a trial. When walking around in South Florida, you should know the pedestrian laws:

  • Pedestrians must obey all traffic devices.
  • Pedestrians must walk on sidewalks where they are available.
  • Pedestrians cannot run into the path of a moving vehicle, making yielding impossible.

How Much Will a Pedestrian Accident Lawyer Charge Me?

Most personal injury law firms offer a free consultation to discuss your case and determine if you are eligible to potentially recover damages. Once a Boca Raton personal injury lawyer reviews your case and decides to represent you, you generally do not have to pay attorney fees up front. Instead, your case will be handled on a contingency-fee basis, which means your lawyer will recover fees from any settlement or court-awarded damages. 

If you have sustained an injury in a pedestrian accident, you might be in pain, and medical bills might be piling up. You need to focus on your recovery and let an experienced lawyer worry about the details of your case, such as contacting witnesses and investigating the accident. 

Call Us for a Free Consultation As Soon As Possible

The state of Florida has a four-year statute of limitations on personal injury cases like pedestrian accidents, per Florida Statutes § 95.11 (3)(a). As such, it's vital to contact an experienced pedestrian accident lawyer as soon as possible. If you want to file a wrongful death action, you have two years to do so, per Florida Statutes § 95.11 (4)(d).

Contact the skilled attorneys at Dolman Law Group, Accident Injury Lawyers online, or call our Boca Raton office at 561-220-4963 for a free consultation about your pedestrian accident case.

Dolman Law Group Accident Injury Lawyers, PA
301 Yamato Road, Suite 1240
Boca Raton, Florida 33431


Matthew Dolman

Personal Injury Lawyer

This article was written and reviewed by Matthew Dolman. Matt has been a practicing civil trial, personal injury, products liability, and mass tort lawyer since 2004. He has successfully fought for more than 11,000 injured clients and acted as lead counsel in more than 1,000 lawsuits. Always on the cutting edge of personal injury law, Matt is actively engaged in complex legal matters, including Suboxone, AFFF, and Ozempic lawsuits.  Matt is a lifetime member of the Million Dollar Advocates Forum and Multi-Million Dollar Advocates Forum for resolving individual cases in excess of $1 million and $2 million, respectively. He has also been selected by his colleagues as a Florida Superlawyer and as a member of Florida’s Legal Elite on multiple occasions. Further, Matt has been quoted in the media numerous times and is a sought-after speaker on a variety of legal issues and topics.

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