By Lorne Adam Kaiser, Esq. (Fla. Bar No. 0568491) · Reviewed by Steven Romanello, Esq. (Fla. Bar No. 557277) · Kaiser Romanello, P.A. · Last updated November 2025
A pedestrian accident in West Palm Beach can turn your life upside down — serious injuries, growing medical bills, and lasting emotional strain. A few things are worth knowing right away: your own auto PIP (or a resident relative's) usually pays your first medical bills even though you were on foot; because pedestrian injuries are often severe, you can frequently step outside no-fault and pursue the at-fault driver for the full value of your losses; and you generally have two years to file. Kaiser Romanello stands with injured pedestrians across South Florida on a no-fee-unless-we-win basis.
The Real Cost of a Pedestrian Crash
A crash between a vehicle and a person on foot causes harm on many levels:
- Serious injuries. Brain injuries, broken bones, and disfigurement can require surgery and months of physical therapy.
- Financial strain. Florida is one of the deadliest states in the nation for people on foot — second only to California — with roughly 10,290 pedestrian crashes and 778 pedestrian deaths statewide in 2023, per the Florida Department of Highway Safety and Motor Vehicles. Medical bills and lost wages pile up fast.
- Emotional toll. Victims often deal with anxiety and fear. When a crash is fatal, families face deep grief.
- Insurance shortfalls. Insurers often offer far less than future care and pain and suffering are worth.
Our team builds strong claims using police reports, scene photos, and witness statements, and uses that record to pursue payment for medical bills, lost income, and suffering.
Why Insurance Companies Deny Claims
Insurers look for ways to pay less. Watch for these common tactics:
- Blaming the pedestrian. Florida uses modified comparative negligence: your recovery drops by your share of fault, and it is barred entirely if you are found more than 50% at fault (§768.81).
- Pointing to "danger zones." Because Florida ranks among the nation's worst states for pedestrian deaths, insurers try to argue the walker was careless simply for being in a high-risk area.
- Disputing your injuries. Adjusters question how badly you were hurt, or delay the claim to push a low settlement.
We investigate the crash to prove the driver's fault and file within Florida's deadlines.
Common Causes of West Palm Beach Pedestrian Crashes
Driver negligence and road conditions drive most of these crashes:
- Distracted driving. Texting or ignoring crosswalks causes wrecks, including at busy intersections like Okeechobee Boulevard.
- Reckless driving. Speeding and drunk driving put pedestrians at grave risk.
- Poor infrastructure. Broken sidewalks, dim lighting, and construction zones raise the danger.
- Property hazards. Unmarked crosswalks or unsafe parking lots can make a property owner responsible (§768.0755).
We hold reckless drivers and other liable parties accountable across South Florida, including Boca Raton and Miami.
How Kaiser Romanello Handles Your Case
Florida is a no-fault state, and the rule that surprises most people is this: PIP follows the person, not just the car — so you can be covered even though you were walking. Here's how we build the claim:
- Insurance guidance. Your own auto PIP (or a resident relative's) usually pays first — up to $10,000, if you seek treatment within 14 days (§627.736). If you have no auto coverage, the striking vehicle's PIP applies. Because serious injuries cost far more than $10,000, we then pursue the at-fault driver's insurance and your uninsured/underinsured motorist (UM/UIM) coverage.
- A pedestrian's rights on the road. Florida law requires every driver to use "due care" to avoid hitting anyone on foot (§316.130). When a driver breaks that duty, they can be held responsible for the harm they cause.
- Thorough investigation. We gather police reports, medical records, and supporting analysis from qualified professionals to build your claim.
- No upfront fees. You owe nothing unless we recover money for you.
- Ready for trial. If the insurer will not settle fairly, we are prepared to take your case to court.
Our West Palm Beach team, backed by an experienced Florida personal injury team, pursues payment for medical care, therapy, and non-economic damages — including, in fatal cases, a wrongful-death claim.
Steps to Protect Your Rights After a Crash
Quick action protects both your health and your claim:
- Get medical care. See a doctor right away, even for minor injuries — some problems, like brain injuries, take time to show up (and the 14-day rule protects your PIP).
- Document the scene. Photograph the area, collect witness contact information, and make sure a police report is filed.
- Be careful with insurers. Don't admit fault or sign anything — and don't give a recorded statement — without legal advice.
- Watch the deadline. Florida's two-year statute of limitations applies to most injury and wrongful-death claims (§95.11).
Our firm handles the paperwork and negotiations so you can focus on getting better.
Your Filing Deadline in Florida
You generally have two years to file. Under current Florida law (§95.11), most personal injury and wrongful-death claims must be filed within two years of the crash.
⚠ Two Years to File
Miss the deadline and you can lose the right to recover entirely. Filing early also protects the evidence — footage, vehicle data, and witness accounts — before it disappears. We offer a free case review so you understand your options and your timeline before any deadline passes.
Frequently Asked Questions
I was walking, not driving — whose insurance pays my medical bills?
Usually your own. Florida PIP follows the person, so if you own a car, your own auto PIP covers you as a pedestrian; if you don't, a resident relative's PIP applies; and if neither exists, the PIP of the vehicle that struck you pays. Seek treatment within 14 days to protect these benefits.
How long do I have to file a pedestrian accident claim?
Two years from the date of the crash for most injury and wrongful-death claims under Florida law (§95.11). Acting early also preserves the evidence that proves what happened.
What if I was partly at fault?
You may still recover. Florida reduces your compensation by your share of fault under its modified comparative-negligence rule, but bars recovery only if you are found more than 50% at fault (§768.81). We work to keep your share low.
Will I owe fees if I don't win?
No. We charge no fee unless we recover compensation for you, and consultations are free.
Can I claim for a loved one's suffering?
Yes. Non-economic damages such as pain and suffering are recoverable in a Florida wrongful-death claim, along with funeral costs and lost support.
Take the Next Step
Don't let an insurance company decide what your case is worth. Kaiser Romanello, P.A. helps West Palm Beach pedestrian accident victims understand their rights, preserve the evidence, and pursue the full compensation available under Florida law. You work directly with the attorneys handling your case, consultations are free and confidential, and there is no fee unless we recover for you.
Hurt while walking in West Palm Beach? Find out who pays and what your claim is worth — free, confidential, and no fee unless we win.
(844) 877-8679 Request a Free Case ReviewThis information is for general educational purposes only and is not legal advice; it does not create an attorney-client relationship. Every case is unique, and prior results do not guarantee, warrant, or predict a similar outcome. Coverage varies by policy. For guidance on your specific situation, contact Kaiser Romanello, P.A., 11555 Heron Bay Boulevard, Suite 200, Parkland, FL 33076 — we serve West Palm Beach, Palm Beach County, Boca Raton, Miami, and South Florida. Related: Florida Pedestrian Accident Lawyer.
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