Trusted pedestrian accident lawyers with over 20 years of experience.

At Warner & Fitzmartin Personal Injury Lawyers, our attorneys have spent more than 20 years representing seriously injured Floridians. We know the legal landscape pedestrian victims face, the bias that can creep into these claims, and what it takes to push back against carriers that minimize a walker’s injuries. Schedule a free consultation with our Pompano Beach, FL pedestrian accident lawyer. We will review your situation honestly and explain your options.

Pedestrian Accident Lawyer Pompano Beach, FL

What is a pedestrian accident claim under Florida law? It is a personal injury action brought by someone struck on foot by a motor vehicle, often supported by Florida traffic statutes that establish a driver’s duty to yield, exercise caution, and avoid striking people in or near roadways. Recovery typically runs against the driver’s bodily injury liability coverage, and in some cases against uninsured or underinsured motorist coverage carried by the pedestrian’s own household.

These cases differ from typical auto matters in important ways. Pedestrians have no metal frame or airbags around them, so injuries tend to be far more serious. Florida’s no-fault PIP system, however, still applies to pedestrians who own a covered vehicle, and that coverage often pays the first medical bills. Our Pompano Beach pedestrian accident attorneys handle case strategy, evidence preservation, and insurance negotiations so injured walkers can focus on healing.

Types of Pedestrian Accident Cases We Handle in Pompano Beach

Pedestrian crashes happen in many different settings, and each one raises its own evidentiary and liability questions. Our firm represents walkers, joggers, parents pushing strollers, and other pedestrians injured by motor vehicles in Pompano Beach and the surrounding Broward County area.

  • Crosswalk and intersection collisions. Drivers who fail to yield to pedestrians in marked crosswalks or at signalized intersections cause a substantial share of pedestrian injuries.
  • Right-on-red and turning vehicle crashes. Drivers turning right on a red light, or making left turns across oncoming traffic, frequently miss pedestrians legally crossing in their path.
  • Parking lot pedestrian accidents. Low-speed crashes in shopping center, grocery store, and office parking lots produce more pedestrian injuries than many people realize.
  • School zone and residential street incidents. Speeding through residential neighborhoods or school zones puts children, families, and older residents at significant risk.
  • Hit-and-run pedestrian crashes. When the driver flees the scene, the pedestrian’s case often shifts to uninsured motorist coverage and identification efforts.
  • Drunk and impaired driver crashes. When an intoxicated driver hits a pedestrian, the case may support claims for punitive damages on top of the standard compensatory amounts.
  • Distracted driving pedestrian accidents. Drivers focused on phones, navigation systems, or in-vehicle entertainment often fail to see walkers in time to avoid a collision.
  • Backing-up and reverse vehicle accidents. Drivers backing out of driveways, parking spots, or garages without checking blind zones strike walkers, joggers, and children with disturbing frequency.

Why Choose Warner & Fitzmartin Personal Injury Lawyers for Pedestrian Accidents in Pompano Beach, FL?

Selecting the right firm for a pedestrian case affects how thoroughly the scene is investigated, how aggressively the insurer responds, and ultimately how much compensation reaches the injured person.

Recognized Florida Trial Practice

Aaron Warner was born and raised in South Florida. He earned his Juris Doctor from the University of Miami School of Law and a Bachelor of Science in Legal Studies from the University of Central Florida and has gone on to practice personal injury law for over 20 years. He has been admitted to practice before the United States District Courts for the Southern and Middle Districts of Florida and is a Life Member of the Million Dollar Advocates Forum, an honor for trial attorneys with verdicts or settlements of $1 million or more. He has been included in Florida Trend’s Legal Elite and named a Super Lawyers Rising Star every year since 2019.

Elissa Fitzmartin graduated Magna Cum Laude from the University of Miami School of Law, where she received a merit scholarship and was selected for Law Review, Moot Court, and the Federal Appellate Clinic. She earned a Bachelor of Arts in Government and Politics from the University of Maryland, College Park. Best Lawyers has recognized her as One to Watch in Plaintiff’s Personal Injury Litigation, and she has been named a Top Lawyer by the Boca Raton Observer.

Strong Outcomes for Injured Clients

Our firm has recovered millions of dollars on behalf of injured Floridians, including substantial recoveries in motor vehicle and pedestrian injury matters. Past results include a $1.5 million premises liability verdict, a $500,000 wrongful death settlement, a $388,000 car accident recovery, and a $300,000 vehicle collision recovery. Past results never guarantee future outcomes, but they reflect the kind of preparation and trial readiness we bring to every case.

Our personal injury lawyer in Pompano Beach, FL helps pedestrians who have been injured in car accidents, motorcycle accidents, and truck accidents.

Contingency Fee Representation, No Fee Unless We Recover

We accept pedestrian accident cases on a contingency fee basis. Clients pay nothing upfront and owe no attorney fees unless we secure a recovery. Initial consultations are free of charge and confidential. Our office serves clients throughout Pompano Beach, Deerfield Beach, Boca Raton, and the surrounding region.

Understanding Pedestrian Accident Cases

Damages, Liability, and Compensation for Pedestrian Accident Cases

Florida law allows pedestrians struck by a motor vehicle to recover both economic and non-economic damages from the at-fault driver. Liability typically depends on whether the driver violated a duty of reasonable care, often supported by Florida traffic statutes governing right-of-way, signaled intersections, and pedestrian zones. Florida applies a modified comparative negligence rule that can reduce or bar recovery if the pedestrian is found more than 50 percent at fault.

Recoverable damages may include:

  • Past and future medical expenses, including emergency care, surgery, and rehabilitation
  • Lost wages and reduced earning capacity for time missed from work
  • Loss of personal property, including damaged clothing, devices, and belongings
  • Pain and suffering, mental anguish, and loss of enjoyment of life
  • Punitive damages in cases involving gross negligence, including impaired driving

Important Aspects in Your Pedestrian Accident Case

Several aspects of pedestrian claims deserve attention from the very start. Each can shape both the strength of the case and what the eventual recovery looks like.

  • Florida’s no-fault PIP coverage applies to pedestrians who own a vehicle subject to PIP, and it pays initial medical bills regardless of fault.
  • Eyewitness statements, traffic camera footage, and surveillance video at nearby businesses can disappear within days, making prompt preservation requests important.
  • Comparative fault is a recurring defense theme, with carriers often arguing the pedestrian was distracted, jaywalking, or wearing dark clothing.
  • Catastrophic injuries are unfortunately common in pedestrian cases, and identifying every layer of available coverage early in the matter is essential.

Pedestrian Accident Case Timeline

Each case advances at its own pace, but most follow a recognizable course once an attorney is involved.

  • Investigation and treatment. We collect police reports, witness information, photographs, and medical records while the client focuses on healing.
  • Demand and pre-suit negotiation. Once treatment plateaus, we prepare a comprehensive demand documenting damages and submit it to the responsible parties or their insurers.
  • Litigation. If pre-suit efforts stall, we file the complaint and proceed through formal discovery.
  • Discovery and depositions. Both sides exchange documents and question witnesses under oath, including the driver and any retained experts.
  • Mediation, settlement, or trial. The majority of cases resolve through negotiation, but we prepare every case for jury presentation when fair settlement is unavailable.

What to Bring to Your Pedestrian Accident Consultation

Bringing the right materials to the first meeting helps us evaluate the strengths of the case quickly. Even partial documentation is helpful, and we can assist with collecting whatever is missing.

  • A copy of the police or crash report
  • Photographs of the scene, the vehicle, and any visible injuries
  • Medical records, prescriptions, and bills you have received so far
  • Your auto insurance declarations page, if you own a vehicle subject to PIP
  • Pay stubs or other documentation of lost income

The consultation itself is free and confidential. After reviewing what happened, we will provide a candid assessment of the case, explain how Florida pedestrian and traffic law applies to your specific facts, and outline the available options. Most clients leave the first meeting with a clear sense of direction.

Florida Legal Resources for Pedestrian Accidents

Pedestrians and family members who want to research the underlying law have several reliable starting points. The resources below cover the rules most directly relevant to pedestrian injury claims in Florida.

  • Statute of limitations. Florida personal injury lawsuits arising from pedestrian crashes must generally be filed within two years of the date of injury under Fla. Stat. § 95.11.
  • Comparative negligence. Florida’s modified comparative negligence rule appears in Fla. Stat. § 768.81 and limits recovery for plaintiffs found more than 50 percent at fault.
  • Pedestrian right-of-way. Florida’s pedestrian right-of-way at crosswalks is codified in Fla. Stat. § 316.130, which sets out the duties of both drivers and pedestrians at intersections.
  • No-fault personal injury protection. Florida’s PIP statute, Fla. Stat. § 627.736, applies to pedestrians who own a covered vehicle and sets the 14-day initial treatment requirement.
  • Federal pedestrian crash data. The NHTSA pedestrian safety page tracks national data on pedestrian deaths and injuries.

Reach Out to Warner & Fitzmartin Personal Injury Lawyers to Schedule a Consultation

If a driver struck you while you were walking in Pompano Beach, the steps you take in the coming days will shape how the case unfolds. Warner & Fitzmartin Personal Injury Lawyers offers free, confidential consultations to pedestrian crash victims throughout South Florida. Contact our office today to speak directly with our Pompano Beach pedestrian accident lawyer about your situation.