Legal Options for a Pedestrian Hit By Car in Boca Raton

Pedestrian accidents are a growing concern in many urban areas, and Boca Raton is no exception. As a pedestrian-friendly city, Boca Raton features busy roads, highways, and walkways where people regularly walk to work, visit stores, or simply enjoy the outdoors. However, the unfortunate reality is that accidents involving pedestrians and motor vehicles occur with alarming frequency.
If you’ve suffered an injury in a pedestrian accident, you may be left wondering what legal options you have and how you can seek compensation for your injuries. A Boca Raton pedestrian accident lawyer can provide guidance and support and determine the best course of action for your case.
Common Causes of Pedestrian Accidents in Boca Raton
Pedestrian accidents can occur for various reasons, many of which stem from driver negligence or dangerous road conditions. Some of the most common causes of pedestrian accidents in Boca Raton include:
Distracted Driving
One of the leading causes of pedestrian accidents is distracted driving. When drivers take their attention away from the road — whether through texting, talking on the phone, eating, or engaging with in-car entertainment systems — they are less likely to notice pedestrians crossing the street or walking near traffic.
Distracted drivers are a significant hazard in Boca Raton, where traffic can be dense, especially around shopping centers and tourist destinations.
Speeding
Excessive speed reduces a driver’s ability to react to unexpected hazards, including pedestrians. Drivers who are speeding may be unable to stop in time to avoid hitting a pedestrian, especially in urban areas with crosswalks or on roads where pedestrians are likely to be present. Speeding can also make a collision more severe, resulting in more significant injuries for the pedestrian.
Failure to Yield
In Florida, drivers are required to yield to pedestrians in crosswalks, yet many drivers fail to do so. Whether due to impatience or simple negligence, failing to yield to pedestrians at marked crosswalks or intersections is a common cause of accidents in Boca Raton.
Impaired Driving
Driving under the influence of alcohol or drugs substantially impairs a driver’s reaction time and judgment. Impaired drivers may fail to notice pedestrians, misjudge their speed, or drive recklessly, leading to accidents. In Boca Raton, impaired driving accidents are a frequent issue, particularly at night, on weekends, and during holidays.
Running Red Lights or Stop Signs
Drivers who run red lights or fail to stop at stop signs pose a danger to pedestrians. When a driver disobeys traffic signals, it may lead to collisions in areas where pedestrians expect drivers to stop, such as crosswalks or intersections.
Poor Road Conditions and Design
In some cases, pedestrian accidents occur not because of driver negligence but because of dangerous road conditions or poorly designed pedestrian infrastructure. These include poorly marked crosswalks, lack of adequate pedestrian signals, poorly lit streets, potholes, or sidewalks obstructed by debris. When these factors contribute to an accident, there may be a claim against the local government or a property owner.
Types of Injuries Often Sustained by Pedestrians Hit By Cars
Pedestrian accidents often result in serious injuries due to the lack of protection compared to someone in a vehicle. The nature and severity of the injuries depend on factors such as the speed of the vehicle, the location of the impact, and the victim’s age and physical condition. Common injuries sustained by pedestrians in car accidents include:
- Broken bones
- Head and brain injuries
- Spinal cord injuries
- Soft tissue injuries
- Internal injuries
- Crush injuries
Unfortunately, pedestrian accident injuries can be catastrophic and life-altering in some cases. When you have serious medical needs, it’s essential to discuss your legal options with a seasoned attorney to pursue just financial recovery and ensure your ability to afford your care.
Who is Liable in a Pedestrian Accident?
When a pedestrian suffers an injury in a car accident, determining liability is key for seeking compensation. In Florida, liability can depend on the specific circumstances of the accident, and several parties may be held responsible. Here are the most common entities that can be held liable in pedestrian accident cases:
The Driver
In many cases, the driver of the vehicle that struck the pedestrian is held liable for the accident. This is especially true when the driver is at fault due to negligence, such as distracted driving, speeding, or failing to yield the right of way to a pedestrian.
The Owner of the Vehicle
In some cases, the vehicle owner may be held liable for the accident. This is particularly the case if the driver operated the vehicle with the owner’s permission at the time of the accident. For example, if someone borrows a car and causes an accident, the vehicle owner may be partially responsible for the injuries sustained by the pedestrian.
Local Government or Municipality
If the accident was caused by a poorly maintained road or hazardous conditions such as defective traffic signals, the local government or municipality responsible for the road’s upkeep may be held liable. This can apply if a pedestrian was struck due to a poorly marked crosswalk, a malfunctioning pedestrian signal, or a burnt-out streetlight.
Property Owners
Under certain circumstances, a property owner may be held liable for pedestrian accidents that occur on their property due to hazardous conditions. For example, if a pedestrian is walking on a private sidewalk or driveway and suffers an injury due to a dangerous condition like an uneven surface, the property owner may be responsible.
What To Do After a Pedestrian Accident
If you’ve been hit by a car as a pedestrian, it’s important to take certain actions to protect your health and your legal rights. Here are the key steps to take after an accident:
Seek Medical Attention
Your health is the most important consideration after an accident. Even if you don’t feel like you’re injured immediately, it’s important to seek medical attention. Some injuries, such as internal bleeding or brain injuries, may not show symptoms right away. A doctor can assess your condition and document your injuries.
Additionally, carefully following your treatment plan is important, not only for your health but also to strengthen your medical records.
Gather Information and Evidence
The more evidence and details you collect concerning your accident, the better. Everything from witness contact information to photos and videos of your injuries and damages can prove useful for your case.
Avoid Admitting Fault
When you’re under stress, it’s common to do or say things you wouldn’t normally do or say. It’s important to watch what you say at the scene and in the days following your accident, as what you say can be used against you, especially if you’re speaking with the insurance company or involved parties. Liability for the accident should always be determined based on the evidence available, not on statements made.
Consult with a Pedestrian Accident Attorney
As soon as you’re able to, consult with an attorney. A pedestrian accident lawyer can help you understand your legal rights, gather evidence, and handle your case from start to finish to get you a more favorable result.
How Pedestrians Can Seek Compensation for Injuries and Losses
If you’re hit by a car and suffer injuries, you may have several legal options to pursue compensation, depending on the circumstances. Some of the main options include:
Insurance Claim
In many cases, you may have the opportunity to file an insurance claim through the at-fault driver’s insurer, referred to as a third-party claim. Filing an insurance claim can seek financial recovery for your losses, including medical bills and lost earnings.
In some states, the no-fault insurance system applies, meaning your own insurance policy will cover your damages, regardless of who is at fault for the accident. When no-fault rules apply, you typically file a claim through your insurance to receive compensation for your essential needs. If your injuries are particularly severe and your financial needs are great, you can pursue a lawsuit later on as well.
You may need to engage in negotiations to fairly settle your claim with the insurer. Based on the outcome of these negotiations, you can end up with proper financial recovery or decide to proceed with a legal case.
Personal Injury Lawsuit
If you cannot obtain adequate compensation through an insurance claim, you may have to file a personal injury lawsuit against the insurance company. As another option, depending on the situation, you might also be able to file a lawsuit against the driver directly.
Filing a lawsuit requires filing a petition with the court to initiate the case. The opposing party receives notification of the impending case and has the opportunity to file their response to your claims. The most time-consuming part of a lawsuit is the discovery phase, where both sides can obtain details and evidence from one another and other pertinent parties to strengthen their claims.
A majority of personal injury claims are settled outside of court. However, if you cannot secure just compensation through negotiations, you can take your case to trial. Instead of coming up with a resolution among one another, when you go to trial, you leave the outcome of your case in the hands of a judge (and sometimes a jury).
Types of Compensable Damages
After a pedestrian accident, you may be entitled to compensation for various damages, depending on the circumstances of the case. Damages available to you can include, but are not limited to:
Medical Expenses
These damages include the cost of your treatment for your injuries, including emergency treatment, hospital stays, surgeries, rehabilitation, and any other medical care required due to the accident. If you are permanently disabled due to the accident, compensation may also cover the cost of long-term care.
Lost Earnings
If your injuries prevent you from working, you may be entitled to compensation for lost income. This includes both past and future income you may lose as a result of the accident.
Property Damage
If your personal property, such as clothing or a phone, was damaged during the accident, compensation may be available to repair or replace these items.
Pain and Suffering
Pain and suffering addresses the physical and emotional distress caused by the accident. These damages can include compensation for chronic pain, mental anguish, loss of enjoyment of life, and emotional distress.
Punitive Damages
In some cases, particularly if the driver’s behavior was egregiously reckless or malicious (such as driving while intoxicated), the court may award punitive damages in addition to compensatory damages. These damages are meant to punish the wrongdoer and deter similar behavior in the future.
How a Personal Injury Attorney Can Help
Navigating the legal process after a pedestrian accident can be overwhelming. A skilled attorney can provide invaluable assistance by:
- Providing legal advice: An attorney will guide you through the process, explain your legal rights, and help you understand your options.
- Investigating your accident: An attorney will gather evidence, speak with witnesses, and review the police report to build a strong case.
- Negotiating with insurance companies: Insurance companies may offer a settlement far less than you are entitled to. A pedestrian accident lawyer can negotiate on your behalf to ensure you receive fair compensation.
- Filing a lawsuit: If settlement negotiations fail, an attorney can file a lawsuit against the at-fault party to pursue compensation with the court’s help.
Additionally, a pedestrian accident attorney can provide much-needed care and peace of mind during a challenging time. From beginning to end, you can rely on your attorney to represent your best interests, which allows you to focus on what matters most, including your healing. Having strong legal representation often yields much better results than going at it alone.
An Experienced Lawyer Can Explain Your Legal Options as an Injured Pedestrian
Pedestrian accidents can result in serious injuries and a complicated legal process. If you’ve been hit by a car in Boca Raton, it’s essential to understand your legal rights and options for seeking compensation. By following certain steps and consulting with an injury attorney after the accident, you can ensure that your rights are protected and you have the best chance of obtaining the compensation you deserve.
A skilled personal injury attorney can handle the legal details and fight for your recovery, helping you move on with your life.