Paul Andreacchio didn’t step off a curb into traffic. Deputies say he was standing on the median of South Military Trail when he stumbled into the roadway and into the path of an oncoming car, according to CBS12. Does stumbling into your own crash automatically end a family’s right to recover? No. Under Florida’s modified comparative negligence law, a pedestrian’s own contribution to a crash reduces but doesn’t bar a Florida pedestrian accident claim unless a jury finds that pedestrian more than 50 percent responsible. Call 888-PERAZZO or visit theperazzolawfirm.com/contact/ for a free case evaluation.
What happened on South Military Trail
The Perazzo Law Firm has learned, according to CBS12, that Paul Andreacchio, 65, of Wellington, was struck at approximately 12:30 p.m. on September 5, 2026, on Military Trail near Kelmar Drive in West Palm Beach. CBS12 reports Andreacchio was standing on the median island between the northbound and southbound turn lanes when he stumbled into the northbound left lane and into the path of a 2019 Kia Optima; he died from his injuries on September 8, 2026. No charges were listed in the sheriff’s office log entry, according to CBS12, and the Palm Beach County Sheriff’s Office investigation remains open.
A separate pedestrian died at approximately 7:15 a.m. on September 3, 2026, in the 3900 block of South Military Trail in Palm Springs, according to WFLX. WFLX reports the Palm Springs Police Department is investigating and no victim name has been released.
A pedestrian’s own fault doesn’t erase the driver’s duty of care
Florida runs on a modified comparative negligence system under Fla. Stat. § 768.81(6): a jury apportions fault by percentage among everyone involved, and a party found greater than 50 percent at fault may not recover damages. A pedestrian’s partial fault reduces a family’s recovery by that percentage — it doesn’t eliminate the claim unless a jury finds the pedestrian more than half responsible. Driveway and parking lot accidents are also quite common and highly controversial.
That distinction matters in the Andreacchio case. CBS12’s account has Andreacchio stumbling from the median into the Kia’s path — a fact a defense could point to when arguing comparative fault. But stumbling into a lane isn’t automatically majority fault, and neither investigation has assigned fault to date. A driver’s duty to keep a proper lookout and control the vehicle doesn’t disappear because a pedestrian may share some blame, and only a jury — not a news report — decides the percentage.
Florida’s pedestrian danger, statewide
These deaths follow a national report ranking Florida among the most dangerous states for people on foot. The Dangerous by Design 2026 report from Smart Growth America ranks Florida 5th in the nation for pedestrian fatality rate, at 3.32 pedestrian deaths per 100,000 people per year, and counts 3,726 Florida pedestrian deaths from 2020 through 2024.
Wrongful death claims for these families
Paul Andreacchio’s death gives his family the right to pursue a wrongful death claim under Florida’s Wrongful Death Act, Fla. Stat. §§ 768.16–768.26, filed by a personal representative on behalf of his survivors. Fla. Stat. § 95.11(5)(e) gives most wrongful death claims two years from the date of death to file suit. The Palm Springs death remains under investigation and no cause has been determined; if that crash also involved negligence, the same two-year deadline and comparative-fault rules would apply. Every claim turns on the specific facts an investigation establishes, and past results do not guarantee a similar outcome in any future case.
FAQ
Does a pedestrian who contributed to his own crash automatically lose a wrongful death claim?
No. Under Fla. Stat. § 768.81(6), a pedestrian’s own fault reduces the family’s recovery by that percentage — it only bars the claim if a jury finds the pedestrian more than 50 percent at fault.
How long do these families have to file a wrongful death claim?
Fla. Stat. § 95.11(5)(e) sets a two-year deadline from the date of death for most Florida wrongful death claims.
Has anyone been charged in the Andreacchio crash?
No. No charges were listed in the sheriff’s office log entry, according to CBS12, and the investigation remains open.
Talk to a Florida pedestrian accident attorney
If your family is pursuing a claim after a pedestrian crash in Palm Beach County or anywhere in Florida, call 888-PERAZZO or visit theperazzolawfirm.com/contact/ for a free case evaluation. This is general information, not legal advice, and doesn’t create an attorney-client relationship.
This is pedestrian accident lawyer in Miami advertising material. The Perazzo Law Firm, P.A. — North Miami Beach, Florida (bona fide office) and Atlanta, Georgia. Jonathan Perazzo, Esq. is responsible for this advertisement. Past results do not guarantee a similar outcome.