Who pays when a car hits you on foot or on a bike in West Palm Beach?

Does PIP cover me if I was walking, not driving, when I got hit?

In most cases, yes. For PIP purposes Florida treats a pedestrian or cyclist much like someone riding in a car. The policies line up in a set order: first a policy on a car you own; if you own none, a policy held by a relative you live with; and only if neither exists, the policy on the car that struck you.

PIP pays 80% of reasonable medical bills and 60% of lost income up to $10,000, but only if you get care within 14 days of the crash, so an emergency room or urgent care visit in that first week matters even when you feel you can walk it off. Once PIP is used up, the driver's bodily injury coverage and any uninsured motorist coverage in your household can pay for missed work, future treatment, and, for a permanent injury, pain and suffering.

Where in Palm Beach County do people on foot and on bikes get hit?

Many of these cases start on the county's wide, fast arterials: Okeechobee Boulevard, Southern Boulevard, Military Trail, Congress Avenue, Forest Hill Boulevard, and Lake Worth Road. Signalized crossings on those roads can be far apart, and people walking from a Palm Tran stop to a shopping plaza on the other side often cross where there is no crosswalk at all. Downtown West Palm Beach brings a different mix: visitors and late-night crowds on Clematis Street, Flagler Drive, and Dixie Highway, and drivers who are looking for parking rather than at the curb.

The Florida East Coast corridor that Brightline shares with freight trains crosses streets at grade through downtown and up and down the county. A person cycling, walking, or driving must stop at a railroad crossing when the signals are flashing, the gate is down, or a train is plainly close, and wait until the tracks are clear (Fla. Stat. § 316.1575). An injury at a crossing can involve the railroad as well as a driver, and the evidence is different: whether the gates and signals worked, crossing maintenance records, and whatever recordings and data the railroad keeps.

Can I still recover if I crossed mid-block or against the signal?

Usually, yes. Under Fla. Stat. § 768.81 a jury assigns each person a percentage of fault and your recovery goes down by your share; it is barred only if you are found more than 50% responsible. A driver's duties do not disappear because you were outside the lines. Every driver must use due care to avoid colliding with any pedestrian and must sound the horn when it is needed (Fla. Stat. § 316.130(15)).

Think of someone crossing Okeechobee Boulevard from a bus stop at dusk. If the driver who hit them was speeding, looking at a phone, or rolling through a right turn on red without checking the crosswalk, much of the fault belongs to the driver, and the police report's first note about where the pedestrian crossed does not decide that.

What rules do cyclists have to follow on West Palm Beach streets?

Florida law treats a bicycle as a vehicle, with the rights and the duties that come with that (Fla. Stat. § 316.2065). Drivers passing you must give at least three feet (Fla. Stat. § 316.083(1)). You may ride on the sidewalk unless a local rule says otherwise, and on the sidewalk you yield to people walking. Riders under 16 must wear a helmet; adults are not required to.

After dark, that same statute requires a white light on the front of the bike and a red reflector and red light on the rear. A driver or passenger may not open a car door into traffic unless it is reasonably safe to do so (Fla. Stat. § 316.2005), which matters on streets downtown where bike riders pass rows of parked cars. A cyclist hit by a car has the same right to PIP benefits that a pedestrian has.

The driver who hit me never stopped. Now what?

Leaving the scene of a crash that injures someone is a felony in Florida (Fla. Stat. § 316.027). Report it right away to the agency for where it happened, such as West Palm Beach Police, the Palm Beach County Sheriff's Office, or the Florida Highway Patrol, and write down the case number. Business cameras, gas stations, apartment complexes, and doorbell cameras on nearby homes can show a plate or a partial plate, but much of that footage is recorded over within days or weeks.

If the driver is never identified, uninsured motorist coverage on your own policy, or on a relative's policy in your home, generally treats a hit-and-run driver as uninsured and can pay the claim. Wolfson & Leon sends preservation letters to the businesses near the scene and works from the police report to try to identify the vehicle.

What money can a pedestrian or cyclist recover in Florida?

Your claim can cover medical treatment, the income you lose while you heal, and, when the injury is permanent, pain and suffering. PIP comes first, from your policy, a household relative's, or the striking car's (Fla. Stat. § 627.736(4)(e)), and pays up to $10,000. Everything beyond that has to come from the driver's bodily injury liability coverage or from uninsured motorist coverage in your home. Being hit by a car on foot or on a bike tends to cause fractures and head injuries that cost far more than PIP pays, and Florida does not require drivers to carry bodily injury coverage, so the early work of finding every policy that might apply often decides how much of the loss can actually be paid.

What missteps can weaken a pedestrian or bike claim?

• Treating the crash report as the last word on fault. A note that you were outside a crosswalk is an officer's impression, and comparative fault lowers recovery rather than ending it.
• Waiting to look for video. Stores and gas stations along roads like Military Trail and Congress Avenue record over their footage, often within days or weeks.
• Skipping the doctor because you could stand up. The 14-day PIP treatment rule applies to people on foot and on bikes.
• Giving the driver's insurance company a statement before a lawyer has seen the crash report and the scene photos.
• Throwing away the bike, helmet, or clothing. Damage to them can show the speed and angle of the impact.
• In a hit-and-run, putting off the police report. Many uninsured motorist policies require prompt reporting, often within 24 hours.