pedestrian crossing

West Palm Beach area accident involved man struck while crossing street

West Palm Beach, FL – Local news for Palm Beach County, FL reported on a fatal pedestrian accident in the Lake Worth area. 

Tragic Accident Claims Life of Lake Worth Beach Man on 6th Ave. 

A devastating accident occurred on Monday, June 26th, 2023, in Lake Worth Beach, FL, when a 27-year-old man lost his life after being struck by a car while attempting to cross 6th Ave. S [1]. The victim was identified as Antonio Marcos, a resident of Lake Worth Beach.

According to the Palm Beach County Sheriff’s Office (PBSO), the incident took place just after 4 AM near the intersection of 6th Ave. S and F Street. Marcos was reportedly crossing 6th Ave. S from south to north, directly east of the F Street intersection. Tragically, he was wearing dark, non-reflective clothing at the time of the accident.

At the same moment, Sonia Maribel Lopez Mendez was traveling in the westbound direction on 6th Ave. S, occupying the outer lane and heading towards the F Street intersection.

As the events unfolded, Marcos entered the outside lane of travel, essentially infringing on Mendez’s right of way. This unfortunate action led to the inevitable collision between the pedestrian and the oncoming vehicle.

The impact was severe, with the front left corner of Mendez’s car striking the right side of Marcos, propelling him onto the road with significant force. Emergency services were promptly notified and dispatched to the scene.

Tragically, Antonio Marcos suffered fatal injuries due to the impact, and despite the efforts of first responders, he was pronounced dead at the scene.

The authorities conducted a preliminary investigation and found that Sonia Maribel Lopez Mendez was operating her vehicle within the designated speed limits, and there were no indications of impairment at the time of the accident. As a result, law enforcement authorities ruled out any foul play or intentional wrongdoing on her part.

This incident serves as a heartbreaking reminder of the importance of pedestrian safety, especially during the early hours when visibility may be reduced. The PBSO urged pedestrians to wear bright, reflective clothing while crossing roadways, particularly in areas with heavy vehicular traffic, to enhance their visibility and reduce the risk of similar accidents in the future.

The local community of Lake Worth Beach mourns the loss of Antonio Marcos and has come together to offer support and condolences to his grieving family and friends during this difficult time following the accident in Florida.

When is a driver considered negligent for striking a pedestrian under Florida law?

In Florida, determining negligence in cases where a driver strikes a pedestrian involves considering various factors and legal principles. Negligence is a central concept in personal injury law, and to establish liability, it must be shown that the driver failed to exercise reasonable care, resulting in harm to the pedestrian. Florida follows a comparative negligence system, which means that both the driver and pedestrian’s actions may be evaluated to determine their respective degrees of fault. Let’s explore the key elements that establish driver negligence in pedestrian accident cases under Florida law:

  • Duty of Care: Drivers owe a duty of care to all pedestrians on or near the roadways. This duty requires drivers to operate their vehicles with reasonable caution, obey traffic laws, and take necessary precautions to avoid accidents involving pedestrians.
  • Breach of Duty: A driver may be considered negligent if they breach their duty of care towards pedestrians. This breach could involve various actions, such as speeding, distracted driving (e.g., texting while driving), failing to yield the right of way at crosswalks, running red lights, or driving under the influence of alcohol or drugs.
  • Causation: It must be established that the driver’s breach of duty was the direct cause of the pedestrian’s injuries. If the driver’s actions did not directly lead to the accident, they may not be deemed negligent for the pedestrian’s injuries.
  • Comparative Negligence: Florida follows the legal doctrine of comparative negligence. This means that if both the driver and the pedestrian are found to have contributed to the accident, their degrees of fault will be assessed. The compensation awarded to the injured pedestrian will be reduced proportionally to their percentage of fault. For instance, if the pedestrian is found 20% at fault and the driver 80%, the pedestrian’s compensation will be reduced by 20%.
  • Pedestrian’s Conduct: The pedestrian’s behavior leading up to the accident is also crucial in determining negligence. Factors such as whether the pedestrian was jaywalking, crossing against the signal, or using electronic devices while crossing the road may be taken into account. However, even if the pedestrian was partially at fault, they may still be eligible for compensation under Florida’s comparative negligence system.
  • Legal Procedures: To establish negligence, the injured pedestrian or their representatives need to file a personal injury claim against the driver. This typically involves gathering evidence, including police reports, eyewitness accounts, surveillance footage (if available), and medical records detailing the pedestrian’s injuries and treatment.
  • Statute of Limitations: In Florida, there is a limited time within which a personal injury claim must be filed. The statute of limitations for pedestrian accident cases is typically four years from the date of the accident. Failing to initiate legal proceedings within this timeframe may result in the loss of the right to seek compensation.

In conclusion, a driver may be considered negligent for striking a pedestrian under Florida law when they breach their duty of care towards pedestrians, and this breach directly leads to the pedestrian’s injuries. The concept of comparative negligence also plays a significant role, as both the driver’s and the pedestrian’s actions are evaluated to determine their respective shares of fault in the accident. Seeking legal counsel from an experienced personal injury attorney can be essential in navigating the complexities of such cases and ensuring that the injured pedestrian’s rights are protected and upheld.

Legal advice following an accident

Smith and Vanture is an auto accident firm in Florida that has experience with accident cases. Their attorneys can provide more advice following any motor vehicle crash. 

USAttorneys.com is a service that works with people who are trying to find a lawyer in their city or state. Anyone who needs assistance with their search can call 800-672-3103 

Firm contact info:

Smith and Vanture

580 Village Blvd. Suite 200, West Palm Beach, FL 33409

561-684-6330

[email protected]

Smithvanture.com

 

Sources:

  1. https://bocapost.com/news/florida/palm-beach-county/lake-worth-beach-news/lake-worth-beach-man-struck-by-car-killed/