When a pedestrian is struck by a vehicle in Boca Raton, the injuries can be severe. Without any protective barrier, a person on foot absorbs the force of the impact directly. Broken bones, traumatic brain injuries, internal injuries, and spinal injuries can require months or years of treatment and recovery.
If you or someone in your family was struck by a vehicle while on foot in Boca Raton, the pedestrian accident attorneys at Mesin & Co. can investigate what happened, identify available insurance coverage, and pursue compensation for the injuries and losses caused by the crash.
Where Pedestrian Crashes Concentrate in Boca Raton
Pedestrian crashes in Boca Raton can occur anywhere vehicles and people on foot share the same environment, but certain roads and areas present particular challenges because of traffic volume, road design, pedestrian activity, and surrounding businesses.
Our attorneys investigate these location-specific factors as part of each case because the roadway, traffic controls, crosswalks, lighting, visibility, and surrounding properties can all be relevant to determining how a crash occurred.
Federal Highway and the US-1 Crosswalk Problem
US-1 (Federal Highway) runs through Boca Raton’s eastern corridor, carrying significant traffic through commercial and residential areas. Pedestrians may encounter wide roadways, busy intersections, turning vehicles, and stretches where designated crossing points are separated by considerable distances.
Drivers turning onto or off Federal Highway may be focused on surrounding vehicle traffic and fail to see a pedestrian entering or already within a crosswalk. When a pedestrian crash occurs along US-1, traffic signals, crosswalk markings, surveillance footage, witness accounts, and the driver’s movements can all become important evidence.
Mizner Park and Downtown Boca Raton
The Mizner Park area, including its surrounding streets and the Royal Palm Place corridor, generates significant foot traffic from restaurants, retail businesses, residences, and events. Valet operations, curbside parking, turning vehicles, and drivers navigating a busy downtown environment can create additional risks for pedestrians.
Evening and weekend activity can increase the interaction between pedestrians and vehicles, particularly around intersections, parking areas, restaurants, and entertainment venues.
Florida Atlantic University Campus Area
Florida Atlantic University’s main Boca Raton campus is located along Glades Road, one of the city’s major east-west corridors. The university and surrounding businesses generate substantial pedestrian activity on and around campus.
Drivers traveling along Glades Road and surrounding streets must remain alert for pedestrians at intersections and designated crossings. When a pedestrian is struck near FAU, the location of the pedestrian, traffic controls, driver conduct, lighting, visibility, and available video can all be important to determining fault.
Florida Law on Driver Duties Toward Pedestrians
Florida law imposes specific duties on both drivers and pedestrians. Under Florida Statute § 316.130, the duties of a driver approaching a pedestrian in a crosswalk depend in part on whether the intersection has traffic-control signals or other signage.
At signalized intersections, drivers must stop and remain stopped under the circumstances specified by the statute to allow pedestrians crossing with a permitted signal to proceed. At certain signed crosswalks, drivers must likewise stop and remain stopped. Where traffic-control signals are not in place or operating and there is no signage indicating otherwise, drivers must yield the right-of-way to pedestrians crossing within a crosswalk when the statutory conditions are met.
Florida law also requires drivers to exercise due care to avoid colliding with pedestrians and to give an audible warning when necessary. A violation of an applicable traffic law may be relevant evidence when determining negligence after a pedestrian crash.
The 51% Rule and Pedestrian Comparative Fault
Florida’s modified comparative negligence law applies to pedestrian cases. In most negligence actions, if a pedestrian is found to be more than 50 percent at fault for his or her own harm, the pedestrian cannot recover damages from another party. If the pedestrian is 50 percent or less at fault, recoverable damages are generally reduced according to the pedestrian’s percentage of fault.
Pedestrians also have responsibilities under Florida law. Depending on the location and circumstances, a pedestrian may be required to obey pedestrian-control signals, use an available sidewalk, yield to vehicles when crossing outside a crosswalk, or use a marked crosswalk between certain signalized intersections.
Insurance companies may attempt to attribute fault to a pedestrian by arguing that the person crossed outside a crosswalk, entered the roadway unexpectedly, failed to obey a signal, or was otherwise inattentive. The specific circumstances matter, and a pedestrian’s conduct does not automatically eliminate a claim.
The Severity of Pedestrian Injuries and What They Cost
Pedestrian crashes can cause significant injuries because there is little to protect a person from the initial vehicle impact or from a secondary impact with the roadway.
At Mesin & Co., we work with treating physicians and other professionals when necessary to document the nature of the injuries, medical expenses, lost income, future treatment needs, and other damages resulting from the crash.
Traumatic Brain Injury
A pedestrian struck by a vehicle may suffer a traumatic brain injury from the initial collision or from striking the roadway. The effects can range from headaches, dizziness, and cognitive difficulties to significant neurological impairment.
Depending on the severity of the injury, treatment may involve neurology, neuropsychology, occupational therapy, rehabilitation, and long-term medical care. When future treatment is reasonably expected, those anticipated costs may form an important part of the damages analysis.
Orthopedic and Spinal Injuries
Femur fractures, pelvic fractures, knee injuries, and spinal injuries can occur when a pedestrian is struck by a vehicle. Serious injuries may require emergency surgery, hospitalization, rehabilitation, injections, physical therapy, or other continuing treatment.
Spinal cord injuries can result in substantial or permanent functional limitations. Medical opinions concerning prognosis, future treatment, and resulting limitations can therefore be important when evaluating the full extent of a pedestrian injury claim.
You can see examples of results we have achieved for injured clients on our results page.
Boca Raton's Most Dangerous Areas for Pedestrians
Boca Raton includes wide arterial roads, busy commercial corridors, residential communities, restaurants, shopping centers, and university traffic. For pedestrians, the interaction between these different environments can create significant risks.
- Federal Highway (US-1) runs through Boca Raton’s eastern corridor, passing commercial areas, apartment communities, and mixed-use developments. Pedestrians crossing US-1 must contend with multiple lanes of traffic and busy intersections.
- Glades Road is a major east-west corridor connecting I-95 with FAU, Town Center at Boca Raton, and residential and commercial areas. The intersection of Glades Road and Military Trail carries substantial vehicle traffic as well as pedestrian and bicycle activity.
- Palmetto Park Road runs through downtown Boca Raton’s restaurant, retail, and entertainment areas. Evening activity can increase the number of pedestrians interacting with vehicles along the corridor.
- Congress Avenue and Yamato Road serve business parks, hotels, residential communities, and retail centers where pedestrians regularly interact with traffic.
If you or a loved one was struck by a vehicle at any of these locations or elsewhere in Boca Raton, you may be able to pursue compensation from the responsible party and applicable insurance coverage.
Florida Law and Your Rights as a Pedestrian
Florida law provides important protections for pedestrians, but those protections depend on where and how a pedestrian is crossing the roadway.
- Right-of-way at crosswalks: Florida Statute § 316.130 establishes different requirements depending on the type of crosswalk and traffic controls present. At signalized intersections, pedestrians must obey applicable pedestrian signals, while drivers have corresponding duties to stop and allow pedestrians to cross under the circumstances specified by the statute. At unsignalized crosswalks, drivers generally must yield when the statutory conditions are met.
- Pedestrian responsibilities: Pedestrians must also exercise reasonable care and comply with applicable traffic-control devices. A pedestrian crossing outside a marked crosswalk or an unmarked crosswalk at an intersection generally must yield the right-of-way to vehicles. Between adjacent intersections where traffic-control signals are operating, pedestrians generally must use a marked crosswalk.
- Comparative fault: A pedestrian can still have a viable claim even if the pedestrian shares some responsibility for the crash. In most negligence cases, damages are reduced according to the pedestrian’s percentage of fault, unless the pedestrian is found to be more than 50 percent at fault for his or her own harm.
- Duty to exercise reasonable care: Regardless of other provisions governing pedestrian crossings, Florida law requires drivers to exercise due care to avoid colliding with pedestrians. Speeding, distracted driving, failure to observe traffic signals, impairment, or other unsafe driving conduct may be relevant to establishing negligence.
Our Boca Raton pedestrian accident attorneys investigate the circumstances of the crash and evaluate how Florida’s traffic laws apply to the specific facts.
Who Pays Medical Bills After a Pedestrian Accident?
A pedestrian struck by a motor vehicle may have access to PIP benefits even though the pedestrian was not occupying a vehicle at the time of the crash. Florida’s PIP statute extends coverage in certain circumstances to people struck by an insured motor vehicle while not occupying a self-propelled vehicle. Which PIP policy applies depends on the circumstances and available coverage.
Health insurance may also pay medical expenses, and a claim against the at-fault driver may provide another source of recovery. If the driver is uninsured or underinsured, applicable UM/UIM coverage may also become important depending on the policies and circumstances involved.
Identifying all available insurance coverage is an important part of investigating a serious pedestrian accident claim.
What to Do After Being Struck as a Pedestrian in Boca Raton
If you were struck by a vehicle in Boca Raton, the steps you take afterward can help protect your health and preserve important evidence.
- Call 911 and get medical attention. Pedestrian accident injuries, including internal bleeding, spinal injuries, and traumatic brain injuries, may be serious even when symptoms are not immediately apparent. Reporting the crash also creates an official record of the incident.
- Document the scene if you safely can. Photograph the location, vehicle, roadway, traffic signals, crosswalk markings, lighting conditions, and any visible injuries. Note nearby businesses or buildings that may have surveillance cameras.
- Get the driver’s information. Collect the driver’s name, insurance information, license information, and vehicle information when possible. Avoid debating fault at the scene.
- Gather witness information. Anyone who saw the crash may have important information about the pedestrian signal, traffic light, vehicle movement, speed, or the pedestrian’s location immediately before impact.
- Be careful when speaking with the driver’s insurance company. Before giving a recorded statement concerning how the crash occurred or the nature of your injuries, consider speaking with a Boca Raton pedestrian accident attorney.
Frequently Asked Questions: Boca Raton Pedestrian Accidents
Call 911, report the crash, and seek medical attention if you are injured. If you are able to do so safely, take photos and videos of the vehicle, intersection, crosswalk, traffic signals, and surrounding area. Get contact information from witnesses and consider speaking with an attorney before giving a recorded statement to the driver’s insurance company.
Drivers have a duty of care toward pedestrians even outside marked crosswalks, as long as the pedestrian was crossing at an intersection or at a reasonable point on the road. The absence of a marked crosswalk does not eliminate driver liability. Florida law also recognizes that pedestrians sometimes cross mid-block, and even in those situations the driver’s inattention or excessive speed can constitute negligence.
Possibly. Florida follows a modified comparative negligence system. Your compensation may be reduced according to your percentage of fault, and in most negligence cases, you cannot recover damages if you are found more than 50 percent responsible for the accident.
Several types of insurance may apply after a pedestrian is struck by a motor vehicle. Depending on the circumstances, PIP coverage may pay a portion of your medical expenses and lost wages. The at-fault driver’s bodily injury coverage, uninsured or underinsured motorist coverage, and health insurance may also provide benefits.
You may still have options. Report a hit and run immediately so law enforcement can investigate. Surveillance footage, traffic cameras, witnesses, and vehicle information may help identify the driver. Depending on the circumstances and available policies, uninsured motorist coverage may also provide compensation when the driver cannot be identified or does not have insurance.
Yes. If an intersection or crosswalk is designed in a way that is unreasonably dangerous, or if a traffic control device was malfunctioning at the time of your crash, a government entity may share liability. Claims against government bodies in Florida must follow specific notice requirements under the Florida Tort Claims Act, including a three-year statute of limitations for negligence claims and required pre-suit notice procedures. An attorney experienced in Boca Raton pedestrian accident cases can identify and properly pursue these claims.
The timeline depends on the complexity of the injuries, the clarity of liability, and whether the case settles or goes to trial. Cases involving permanent or catastrophic injuries typically take longer to resolve because the full extent of future medical needs must be evaluated before a reasonable settlement can be reached. Our attorneys will always explain the timing considerations specific to your case and will not recommend settling before you have a full picture of your recovery.
Mesin & Co. handles pedestrian accident cases on a contingency fee basis, which means there are no upfront costs and no attorney’s fees unless we recover compensation for you. Your initial consultation is also completely free. Contact us today to speak directly with an attorney about your situation.
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Eugene Mesin is fluent in Russian and welcomes inquiries from Russian-speaking clients throughout Florida