Boca Raton Pedestrian Accident Lawyer
Hersh Kirtman Injury Law represents pedestrian accident victims and their families in pedestrian traffic accidents in Boca Raton and Palm Beach County, including those involving catastrophic injuries or wrongful death. Motor vehicle collisions with pedestrians are, unfortunately, highly likely to cause serious injury or death to the pedestrian. Of the 8,117 pedestrian traffic accidents reported in Florida in 2020, 7,039 involved injury or death, including 715 fatalities and 1,285 incapacitating injuries. Here in Palm Beach County, 487 pedestrian accidents resulted in 404 injuries and 43 deaths in 2020. The number in previous, pre-pandemic years was significantly higher, but even amid a period of quarantines, remote work and shuttered businesses, those who ventured out as pedestrians in Boca Raton still risked severe injury or worse.
Our attorneys at Hersh Kirtman Injury Law have an extensive record of success in helping accident injury victims obtain favorable jury verdicts and settlements, including many multi-million-dollar results. We help accident victims recover compensation for the medical expenses, lost income, and physical and emotional suffering they have been forced to endure. Our lawyers are experienced at handling even the most complex cases, and we take the time to get to know our clients personally and make sure they are getting the care they need. If you or a loved one has been hurt in a pedestrian accident in Palm Beach County, contact our Boca Raton pedestrian accident lawyers today.
Pedestrian Safety Laws in Florida
When motor vehicle crashes involving pedestrians occur, the outcome is typically devastating. Pedestrians have none of the vehicular safety mechanisms to protect them during a crash, such as an airbags or safety belts. When pedestrians are struck, their bodies are hit by unforgiving vehicles that are many times their size and weight. The injuries that result are often enormous.
In our experience, when a pedestrian is involved in a motor vehicle crash, the pedestrian typically has a valid claim because pedestrians simply should not be struck by cars. However, there are safety laws in Florida applicable to pedestrians, and insurance companies will attempt to use those laws against the pedestrian in their defense of the claim.
Florida Statute § 316.130 provides various safety rules for pedestrians. Among the rules listed are the following:
Pedestrians must obey the instructions of any official traffic control device applicable to the pedestrian, unless otherwise directed by a police officer. This means a pedestrian must stop when a traffic signal instructs them to do so.
Where sidewalks are provided, pedestrians must walk along the sidewalk and not the roadway, unless required to do so by other circumstances. Such circumstances include if the sidewalk is blocked or unavailable due to construction.
Where sidewalks are not available, pedestrians must walk along the shoulder of the roadway against the flow of traffic on the left side of the road.
Drivers must stop for pedestrians who are in a crosswalk with a walk signal. Where there is no traffic control signal, drivers must yield the right-of-way, slowing down or stopping if need be, to a pedestrian crossing the roadway within a crosswalk.
Pedestrians must not suddenly leave a curb or other place of safety and walk or run into the path of a vehicle.
Whenever a vehicle is stopped at a crosswalk allowing a pedestrian to cross the roadway, no other approaching driver may overtake or pass the stopped vehicle.
Pedestrians crossing a roadway at any point other than within a marked crosswalk or an unmarked crosswalk at an intersection shall yield the right-of-way to all vehicles upon the roadway.
Pedestrians must cross only in crosswalks when there are marked crosswalks controlled by a traffic signal device.
Perhaps most importantly, the law requires that every driver of a vehicle must exercise due care to avoid colliding with any pedestrian. For that reason, even when a pedestrian was not following each and every rule that applied to the pedestrian, if he or she is struck by a vehicle, there may nonetheless be liability on the driver for causing the crash.
How Hersh Kirtman Injury Law Can Help After a Pedestrian Accident in Boca Raton
Despite these safety rules, pedestrians face significant danger from motorists who run stop signs or red lights or speed through intersections trying and failing to beat a yellow light. Pedestrians are also at risk from drivers turning left or right at intersections without first checking to see if a pedestrian is crossing. Another danger comes when pedestrians are crossing the road in front of a stopped car, and a following driver who doesn’t appreciate why the car ahead has stopped whips around the stopped vehicle to pass it and hits the pedestrian. Despite having the right-of-way, marked crosswalks are often the location of pedestrian accidents in Boca Raton.
Injured pedestrians can claim no-fault benefits through their personal injury protection (PIP) coverage, which pays 80% of medical bills and 60% of lost income or disability up to $2,500 or $10,000 if the pedestrian had an emergency medical condition, as determined by a doctor. Injured pedestrians should seek treatment within 14 days of the accident to protect their rights to PIP benefits.
Pedestrians can also pursue legal action against the at-fault driver and we can help recover money damages caused by the crash. The recoverable damages potentially include past and future medical bills, lost income, and compensation for the pain, suffering and mental anguish caused by a negligent driver. To prevail, the accident victim must be able to prove the driver was negligent, such as by speeding, running a red light, distracted driving or drunk driving, and prove that the driver’s negligence was the cause of the accident. The victim must also be able to prove that the injuries they suffered were caused by the crash and justify the amount of damages they are seeking. Our team at Hersh Kirtman Injury Law excels at litigating serious injury claims and recovering significant compensation for injury victims, whether through a settlement or through a jury verdict at trial.
Contact Hersh Kirtman Injury Law Today
The attorneys at Hersh Kirtman Injury Law can meet with you to discuss whether you have a claim against a negligent driver If you do, Hersh Kirtman Injury Law will pursue justice on your behalf and will work diligently to maximize the recovery for the harm caused to you or your loved one. Contact our Boca Raton pedestrian accident lawyers today by calling 561-208-3700 for a free consultation.