A Palm Beach County jury sent a clear message this month: drivers who endanger crossing guards and schoolchildren will be held accountable. The $4.87 million verdict for Luis Diaz, a Boynton Beach school crossing guard struck in a marked crosswalk, underscores the devastating consequences of driver negligence in school zones and the critical importance of crosswalk safety.
According to the Florida Department of Highway Safety and Motor Vehicles, pedestrian fatalities in Florida increased by 8% in 2023, with crosswalk collisions representing a significant portion of these tragedies. Mr. Diaz’s case serves as a stark reminder that even trained safety professionals are vulnerable when drivers fail to exercise reasonable care.
At Shiner Law Group, our team was privileged to represent Mr. Diaz alongside Graver Law in a case that demonstrates both the dangers pedestrians face daily and the need for accountability when negligence causes life-altering injuries.
The Collision: A Routine Morning Turned Tragic
On May 27, 2021, Luis Diaz was working as a school crossing guard in a marked crosswalk in Boynton Beach when he was struck by a commercial van owned by Generation Electrical Services Corp. and driven by employee Mark Anthony Vazquez.
Mr. Diaz’s dedication to protecting children meant that he was first to enter the roadway and last to leave—a practice common among crossing guards to ensure students’ safety. Despite being positioned in a clearly marked crosswalk with full visibility, the commercial van failed to yield, causing a violent collision that threw Mr. Diaz several feet.
Catastrophic Injuries and Long-Term Impact
Evidence presented at trial showed that Mr. Diaz suffered:
- Multiple broken bones including fractures to his leg and ribs
- Traumatic brain injury (TBI)
- Permanent hearing loss
- Severe anxiety and post-traumatic stress
- Memory impairment affecting daily functioning
- Chronic pain requiring ongoing management
- Prolonged hospitalization and extensive rehabilitation
These injuries have fundamentally altered Mr. Diaz’s life. A man who dedicated himself to serving his community now faces permanent limitations, ongoing medical treatment, and challenges that will continue for years to come.
The Verdict: Justice for a Community Hero
After hearing testimony and reviewing evidence, the Palm Beach County jury returned a verdict of $4,874,457.07, reflecting the severity of Mr. Diaz’s injuries and the profound impact on his family:
$4,214,457.07 for Luis Diaz covering:
- Past and future medical expenses
- Pain and suffering
- Permanent physical impairment
- Lost wages and diminished earning capacity
$665,000 to Angela Diaz for:
- Loss of consortium (the loss of companionship, affection, and support from her husband due to his injuries)
Trial counsel Joseph A. Mendelsohn of Shiner Law Group and James G. Graver of Graver Law argued that the van driver and his employer, Generation Electrical Services Corp., failed to exercise reasonable care in an active school zone. The evidence showed that the driver was not paying adequate attention to the roadway and failed to recognize or yield to the crossing guard in a clearly marked crosswalk.
In a joint statement following the verdict, the attorneys emphasized: “This verdict affirms the critical safety role crossing guards play in our communities and sends a clear message to drivers that crosswalks—especially in school zones—must be respected. Mr. Diaz put himself in harm’s way every day to protect children. Drivers have a responsibility to do their part.”
Commentary from Shiner Law Group
“This verdict reflects the jury’s evaluation of the evidence presented. Mr. Diaz spent years serving the community in a crosswalk, and the jury’s decision provides necessary support as he continues his recovery.”
— Joseph A. Mendelsohn, Trial Counsel, Shiner Law Group
Attorney David I. Shiner, founder of Shiner Law Group, noted that crossing guards like Mr. Diaz are the unsung heroes of our communities.
“We see crossing guards out there every day helping our kids get to and from school safely. They face risk in the roadway so children don’t have to,” Mr. Shiner said after the verdict. “When a driver’s negligence injures someone who has dedicated themselves to public safety, it’s particularly egregious. This verdict holds that driver and his employer accountable.”
Mr. Shiner added that the firm remains committed to advocating for safer streets for pedestrians, cyclists, and all vulnerable road users throughout South Florida. “As Palm Beach County continues to grow, we must all do better to protect those who walk our streets—especially in school zones where children are present.”
What Drivers and Pedestrians Can Learn From This Case
This case illustrates how quickly a routine crossing can turn tragic when drivers fail to pay attention. Whether you are a pedestrian, driver, or crossing guard, following safety guidelines helps prevent devastating collisions.
For Pedestrians
Stop and check for traffic: Always stop at the curb and look left-right-left before entering any crosswalk. Make eye contact with approaching drivers to ensure they see you before stepping into the roadway.
Cross only when it is safe: Wait for a clear gap in traffic and continue scanning for vehicles as you cross. Never assume a driver will stop—always verify before proceeding.
Avoid distractions: Put your phone away and remove earbuds while crossing. These distractions take your attention off approaching vehicles and reduce your ability to react to danger.
Use marked crosswalks: Cross at designated crosswalks whenever possible, especially near schools. Drivers are more likely to expect pedestrians in marked crossing areas.
For Drivers
Slow down and yield in crosswalks: Florida law requires drivers to stop and yield to pedestrians in marked and unmarked crosswalks. Reduce your speed when approaching any crosswalk—especially in school zones.
Eliminate distractions: Put your phone down, avoid eating, and focus completely on the road. A momentary glance at your phone can mean the difference between stopping safely and causing a tragic collision.
Watch for crossing guards: Crossing guards have the authority to stop traffic. Obey their instructions immediately and wait until they signal it’s safe to proceed. Never try to “beat” a crossing guard or drive around them.
Exercise extreme caution in school zones: School zones require heightened awareness. Reduced speed limits are in effect during specific hours—obey them. Watch for children who may dart into the street and crossing guards who are protecting them.
Expect the unexpected: Children are unpredictable. Drive slowly enough that you can stop immediately if a child runs into the roadway.
For Crossing Guards
Lead and end every crossing: Enter the roadway first to establish your presence and stop traffic. Remain in the roadway until all pedestrians have safely reached the opposite curb.
Wear high-visibility gear: Reflective vests, bright colors, and proper signage help ensure drivers see you from a distance—especially during early morning or evening hours.
Make eye contact with drivers: Confirm that approaching drivers see you and are stopping before allowing pedestrians to cross.
Report dangerous drivers: If you encounter drivers who consistently ignore crosswalk safety rules, report them to local law enforcement. Your observations could prevent a future tragedy.
Florida Crosswalk Laws: What You Need to Know
Understanding Florida’s pedestrian right-of-way laws can help prevent accidents and clarify liability when collisions occur:
Florida Statute 316.130 requires drivers to yield the right-of-way to pedestrians crossing the roadway within any marked crosswalk or within any unmarked crosswalk at an intersection.
Florida Statute 316.003 defines a crosswalk as:
- The portion of a roadway at an intersection included within the connections of the lateral lines of the sidewalks on opposite sides of the highway
- Any portion of a roadway at an intersection or elsewhere distinctly indicated for pedestrian crossing by lines or other markings on the surface
Penalties for violations: Drivers who fail to yield to pedestrians in crosswalks face fines, points on their license, and potential criminal charges if injuries occur. In cases involving serious injury or death, drivers may face felony charges.
Common Causes of Crosswalk Accidents in South Florida
Based on our experience representing pedestrian accident victims throughout Palm Beach County, Broward County, and Miami-Dade County, we’ve identified the most frequent causes of crosswalk collisions:
Driver-Related Factors
- Distracted driving: Texting, phone calls, eating, or adjusting controls while approaching crosswalks
- Speeding: Driving too fast to stop when a pedestrian enters the crosswalk
- Failure to yield: Ignoring pedestrian right-of-way laws or crossing guard signals
- Impaired driving: Alcohol or drug use that slows reaction time and impairs judgment
- Aggressive driving: Rushing through yellow lights or trying to “beat” pedestrians across intersections
- Poor visibility awareness: Failing to account for sun glare, rain, or darkness that reduces visibility
Infrastructure Issues
- Inadequate lighting: Poorly lit crosswalks make it difficult for drivers to see pedestrians at night
- Faded crosswalk markings: Worn paint reduces driver awareness of crossing zones
- Missing signage: Lack of pedestrian crossing signs or school zone warnings
- Poor intersection design: Crosswalks placed in locations with limited sight lines
Pedestrian Factors
While drivers bear primary responsibility for crosswalk safety, pedestrians can also contribute to accidents by:
- Crossing against signals or outside marked crosswalks
- Stepping into traffic without checking for approaching vehicles
- Wearing dark clothing at night without reflective elements
- Using phones or headphones that prevent them from hearing approaching vehicles
Your Rights After a Palm Beach County Pedestrian Accident
If you or a loved one has been struck by a vehicle in a crosswalk, you have legal rights under Florida law. Understanding these rights is crucial to protecting your ability to recover fair compensation.
Florida’s Personal Injury Protection (PIP) System
Florida is a no-fault insurance state, which means your own PIP coverage pays the first $10,000 of medical bills and lost wages regardless of who caused the accident. However, PIP coverage is often insufficient for serious pedestrian injuries like those sustained by Mr. Diaz.
Stepping Outside the No-Fault System
When injuries are severe, Florida law allows you to pursue a claim against the at-fault driver for:
- Medical expenses beyond PIP limits (emergency treatment, surgery, rehabilitation, future care)
- Lost wages and diminished earning capacity
- Pain and suffering from physical injuries and emotional trauma
- Permanent disability or disfigurement
- Loss of consortium for spouses affected by the victim’s injuries
To step outside Florida’s no-fault system, you must demonstrate either:
- Permanent injury within a reasonable degree of medical probability
- Significant and permanent scarring or disfigurement
- Permanent loss of an important bodily function
Employer Liability in Commercial Vehicle Accidents
In Mr. Diaz’s case, both the driver and his employer were held liable. Under Florida law, employers can be responsible for their employees’ negligent actions when:
- The employee was acting within the scope of employment
- The employer failed to properly train, supervise, or screen employees
- The employer maintained vehicles negligently (brake failures, inadequate maintenance)
- The employer pressured drivers to meet unrealistic deadlines, encouraging unsafe driving
This principle of “vicarious liability” is crucial because commercial businesses typically have larger insurance policies and greater resources to compensate seriously injured victims.
Time Limits for Filing a Claim
Florida law imposes strict deadlines for personal injury claims:
- General negligence claims: 2 years from the date of injury (as of 2023 Florida tort reform)
- Claims against government entities: Special notice requirements within a much shorter timeframe
Missing these deadlines means losing your right to compensation permanently. If you’ve been injured in a crosswalk accident, contact an experienced pedestrian accident attorney immediately to protect your rights.
Why Choose Shiner Law Group for Your Pedestrian Accident Case?
At Shiner Law Group, we have extensive experience handling complex pedestrian collision cases throughout South Florida. Our track record includes:
✓ Millions recovered for pedestrian accident victims
✓ Proven trial experience with willingness to take cases to verdict when necessary
✓ Comprehensive case preparation including accident reconstruction, medical expert testimony, and economic analysis
✓ Personalized attention from experienced attorneys, not paralegals or case managers
✓ No fees unless we win your case—you pay nothing out of pocket
Related Practice Areas
Our firm also handles:
- Car accidents involving pedestrians
- Drunk driving accidents with pedestrian victims
- Hit-and-run accidents where drivers flee the scene
- Bicycle accidents in crosswalks and intersections
- Wrongful death claims when crosswalk accidents prove fatal
Commitment to Safety and Justice
At Shiner Law Group, we believe that every negligent driver should be held accountable for the harm they cause. Mr. Diaz’s case underscores the devastating impact of crosswalk collisions and the absolute need for vigilance from all road users.
As Palm Beach County, Broward County, and Miami-Dade County continue to grow, more residents are walking, cycling, and using public transportation. Pedestrian safety must be a community priority. We urge all drivers to:
- Slow down in school zones and residential neighborhoods
- Eliminate distractions behind the wheel
- Yield to pedestrians in all crosswalks
- Respect crossing guards who risk their safety to protect children
Together, we can work toward safer streets where tragedies like Mr. Diaz’s collision become far less common.
Injured in a Crosswalk or Pedestrian Accident?
If you or a loved one has been struck by a negligent driver in Palm Beach County, Broward County, or anywhere in South Florida, Shiner Law Group is here to fight for the compensation you deserve. Don’t let insurance companies minimize your claim or pressure you into a quick settlement.
Call 561-777-7700 for a free, no-obligation consultation. Available 24/7 including nights, weekends, and holidays. No fees unless we win your case.
Contact us today to discuss your case with an experienced pedestrian accident attorney.
