A 59-year-old man was killed in July while crossing West Atlantic Boulevard in Margate, and the driver left the scene. Police later arrested a suspect in Hollywood. For the family, the criminal case is only one part of what follows.
What Police Have Reported
According to NBC 6 South Florida, the crash happened around 2:49 a.m. in the 5400 block of West Atlantic Boulevard. Police say the man stepped off the curb and was struck by an eastbound pickup truck. He died at the scene.
The driver was charged with leaving the scene of a crash involving death. That charge is an allegation, and the investigation remains open.
A hit-and-run investigation usually depends on surveillance footage, vehicle debris, and witness statements. The same evidence matters later in a civil case, so it should be preserved before footage is overwritten or vehicles are repaired.
How the Civil Claim Differs From the Criminal Case
The State prosecutes the criminal charge. It doesn’t compensate the family. A civil claim is a separate proceeding with a lower burden of proof, and it can move forward regardless of how the criminal case ends.
When a crash is fatal, the personal representative of the estate may bring a wrongful death claim on behalf of the surviving family members. Florida generally gives families two years to file, measured from the date of death.
Damages a Family May Recover
Florida’s Wrongful Death Act allows surviving family members and the estate to recover several categories of loss.
- Funeral and burial costs
- Medical bills from the final injury
- Lost financial support and household services
- Loss of companionship, and mental pain and suffering
Florida law sorts these losses into economic and non-economic damages, and each category requires its own proof.
Fault When a Pedestrian Crosses Mid-Block
Reports indicate the man was not in a crosswalk. That fact alone does not end a claim. Under Florida’s comparative fault statute, each party is assigned a percentage of responsibility, and recovery is barred only when the injured person is found more than 50 percent at fault.
Drivers still have a duty to watch the road ahead. Proving fault in pedestrian accidents often turns on vehicle speed, street lighting, and whether the driver had time to react.
Insurance Issues After a Hit-and-Run
Even with an arrest, the driver’s policy may be too small to cover a fatal loss. And some drivers who flee have no valid insurance at all. In those situations, uninsured motorist coverage on the victim’s own auto policy, or on a resident relative’s policy, may apply even though the victim was on foot.
A Margate, FL car accident lawyer will review every available policy, including coverage the family may not know exists.
Speaking With an Attorney
The Andres Lopez Law Firm represents families across South Florida after fatal crashes. Attorney Andres Lopez has practiced law since 2006 and handles these cases personally. If you lost a family member in a pedestrian or hit-and-run crash and would like to speak with a Margate car accident lawyer, contact our office to discuss your options.