Boca Raton Pedestrian Accident Lawyer
Speed is an even larger factor in pedestrian crashes than car crashes, which is saying quite a bit. At impact speeds under 20mph, the pedestrian fatality rate is under 15 percent. At impact speeds above 50mph, the pedestrian death rate catapults to over 60 percent. Even if these victims survive, they normally sustain catastrophic injuries which, in many cases, are permanent. The resulting medical bills usually run into the tens of thousands of dollars.
The diligent Boca Raton pedestrian accident lawyers at Smith, Ball & Báez work hard to obtain the financial compensation these families need and deserve. Our hard work begins with a thorough case evaluation that clearly identifies your legal options. Next, we collect evidence that supports your claims and refutes insurance company defenses. Then, when the case goes to court, we do not settle for anything less than the best possible result under the circumstances.
Crosswalk Accidents
Most pedestrian accidents happen outside marked crosswalks. However, crosswalk pedestrian accidents are still common, especially in older parts of Boca Raton. Older intersections often don’t have countdown timers. Therefore, when pedestrians begin crossing on stale green lights, they have no idea how much time they have to make it to the other side.
Making matters worse, Boca Raton streets are not pedestrian friendly. Engineers gave these streets wide lanes and short red lights, to move vehicle traffic as quickly as possible. Pedestrians got lost in the shuffle.
These conditions are especially hazardous if the pedestrian has any mobility limitations whatsoever. Even if these pedestrians start crossing on fresh green lights, they often cannot make it to the other side before the light changes color.
Speaking of crosswalk light colors, these colors are not always white and red. Virtual crosswalks have popped up in many parts of town. A pedestrian presses a button that activates flashing yellow lights which command motorists to stop.
Some virtual crosswalks have design issues. The flashing yellow lights are on the side of the street and difficult to see. Furthermore, even if they see these lights, there’s no guarantee motorists will stop.
Even if the pedestrian doesn’t have the light at the time of the accident, a Boca Raton pedestrian accident lawyer can still obtain compensation. These cases are simply a little more complex. This compensation usually includes money for economic losses, such as medical bills, and noneconomic losses, such as pain and suffering.
Non Crosswalk Accidents
Motorists have a duty of care to avoid accidents, no matter what another driver or pedestrian does, or does not, do. Therefore, when motorists see jaywalking pedestrians, they have a legal responsibility to avoid a crash.
To counter this duty of care, insurance company lawyers often use the sudden emergency defense in non-crosswalk pedestrian accidents. This legal doctrine excuses negligence if the tortfeasor (negligent driver):
- Reasonably reacted to
- A sudden emergency.
The first element is usually present in these accident claims. Most people pull over and wait for emergency responders to arrive. The second element is usually absent. Large potholes, stopped-short vehicles, and jaywalking pedestrians are everyday hazards, and not sudden emergencies, at least under Florida law.
The stakes are much higher for victims in non-crosswalk claims. Usually, these tortfeasors are traveling at or near top speed at the moment of impact. As mentioned above, that velocity greatly multiplies the chances of serious injury.
Work With a Tough-Minded Palm Beach County Lawyer
Injury victims are entitled to significant compensation. For a free consultation with an experienced pedestrian accident lawyer in Boca Raton, contact Smith, Ball, Baez & Prather, Florida Injury Lawyers. Virtual, home, and hospital visits are available.
