West Palm Beach area car crash injured a pedestrian who was with his daughter

While car accidents happen for a number of reasons, sometimes a driver at fault will choose to intentionally hit another car during road rage incidents or other disputes. Whether the driver is merely negligent or intends to hit other drivers, they can be sued either way.

A serious accident occurred in the Juno Beach, Florida area involving a parent who was teaching his child how to ride a bike.

Parent is injured by a driver who may have intentionally ran him over

A father was riding a skateboard while he was teaching his young daughter to ride a bike on Celestial Way near U.S. Highway 1 and Pelican Lake. The father chose this area because it receives little vehicular traffic and it is usually deserted. They noticed a white SUV pass by the area and come close to where they were on the side of the road.  As the vehicle approached it slowed down, sounded its horn, and then appeared to speed up as it was about to make contact with the man. The victim was forced onto the hood of the car and experienced extensive bruising and cuts all over his body.

A witness in the area recorded the vehicle’s tag number and contacted the police. The 69 year old male suspect was apprehended about two miles away from the accident scene on U.S. 1.

Police believe that the suspect may have noticed the man, who is a federal agent, and intentionally hit him with his vehicle. However, at the time of the accident, the victim was not wearing anything that would have indicated his occupation. They were still in the process of collecting information when the news report was published, but he will likely be charged with aggravated battery with a motor vehicle.

Juno Beach is located in the north part of Palm Beach County, just above the city of West Palm Beach.

Suing a negligent driver

If a driver collides with a vehicle or pedestrian either due to a mistake or an intentional act, they can be sued and forced to pay for the victim’s losses. A civil accident attorney only needs to prove that the driver acted carelessly or recklessly while on the roads, and that they were the direct cause of the victim’s injuries. This will meet all of the elements of a negligence case.

Paying out damages

The final and most important element of negligence is damages. This is the legal term for the sum of a person’s medical costs and hospitalization, lost wages and income, emotional pain and suffering, and other tangible losses that were caused by the accident. The most skilled personal injury lawyers have experience handling cases where the damages can add up to thousands or millions of dollars, which are collected from the defendant on the client’s behalf.

Frequently Asked Questions:

If the driver intentionally hit me, does his auto insurance still cover my injuries?

This is a complex area of Florida law. Most standard auto insurance policies contain an “Intentional Acts Exclusion,” meaning the insurer may refuse to pay for damages caused by the driver’s deliberate criminal conduct (like aggravated battery). However, an experienced West Palm Beach lawyer can often argue that the driver’s actions were “grossly negligent” or reckless rather than purely intentional, or look for other avenues of recovery, such as your own Uninsured Motorist (UM) coverage, which can be triggered if the at-fault party’s insurance denies the claim.

Can the daughter recover damages even if she wasn’t physically touched by the car?

Yes, under a legal doctrine known as the “Bystander Claim” for Negligent Infliction of Emotional Distress (NIED). In Florida, a person can recover damages if they:

• We’re at the scene of the accident:
• Observed the accident firsthand;
• Have a close familial relationship with the victim (like a daughter and father); and
• Suffered a physical manifestation of the emotional trauma.
  Given that this child witnessed her father being thrown onto the hood of a car, she may have a significant claim for the psychological impact of the event, provided those psychological impacts result in documented physical symptoms (such as severe insomnia or migraines) to satisfy Florida’s strict ‘Impact Rule’.

Does Florida’s “No-Fault” PIP insurance cover a pedestrian hit by a car?

Yes. If you are a pedestrian in West Palm Beach and own a vehicle insured in Florida, your own PIP coverage is actually the first line of defense for your initial $10,000 in medical bills and lost wages. If you do not own a vehicle, a lawyer may help you determine if you are covered by the PIP policy of a resident relative. If neither applies, the PIP policy of the driver who hit you is generally required to cover your initial medical expenses, regardless of who was at fault.

 Are there special protections for pedestrians in “deserted” areas or residential streets like Celestial Way?

While Florida Statute $316.130$ outlines pedestrian duties, drivers in Florida have a “Higher Duty of Care” when they see a child or a person who appears incapacitated or vulnerable on the roadway. In residential areas known for low traffic, Florida courts often hold that drivers must anticipate the presence of pedestrians and cyclists and exercise “due care” to avoid a collision. The fact that the driver sounded his horn before accelerating suggests he was fully aware of the pedestrian. This intentional behavior moves the claim from standard negligence into ‘Intentional Misconduct’ or ‘Gross Negligence,’ which are the specific legal triggers required to claim punitive damages in Florida.

Can I still sue the driver if he is currently facing criminal charges for Aggravated Battery?

Absolutely. Criminal proceedings and civil lawsuits are entirely separate. You do not have to wait for the Juno Beach police or the State Attorney to finish their prosecution before filing a civil claim. In fact, a criminal conviction can often be used as powerful evidence of liability in your civil case. While the criminal case seeks to punish the driver (jail time), the civil case is the only way for the father and daughter to receive financial compensation for their medical bills and trauma.

Speak with an accident lawyer in your area immediately

Attorneys who represent accident victims in West Palm Beach and other parts of south Florida are available to speak with you after an accident. Contact Smith and Vanture to learn more.