Pedestrian Accidents

Winter Haven Pedestrian Accident Lawyer

For several decades now, pedestrian traffic fatalities have been on the rise across the United States. In a single decade, pedestrian traffic fatalities as a percentage of all traffic fatalities have increased by almost four percent, according to the most recent Governors Highway Safety Association (GHSA) report. The GHSA projects 7,508 pedestrians were killed in traffic crashes throughout the nation in 2022, representing a one percent increase from the previous year, and over 100,000 people were treated in emergency rooms for non-fatal pedestrian accident injuries.

With a seven percent increase from the previous year, pedestrian fatalities in the State of Florida rose even more than the national average of five percent. For residents of West Palm Beach, the news is equally alarming given that Palm Beach County ranks sixth in the State of Florida, for counties with a population of over 200,000, for traffic crashes resulting in serious and fatal injuries to pedestrians and bicyclists. In Polk County, Florida, there were 353 pedestrian crashes in 2022, resulting in 228 injuries and 26 deaths. If you were injured or a loved one was killed in a Winter Haven pedestrian accident, you could be entitled to compensation for your physical and emotional injuries or for the loss you have suffered.

For injured victims as well as surviving family members, the aftermath of a pedestrian accident frequently involves financial struggles, obstacles to receiving medical care, and the prospect of navigating an unfamiliar legal system. For survivors and victims, it can be overwhelming. Fortunately, help is available from the team at Kemp Personal Injury Law. When the negligence of another party (or parties) caused or contributed to the accident, a Winter Haven pedestrian accident lawyer at Kemp Personal Injury Law can help ensure that they are held accountable.

At Kemp Personal Injury Law, we are committed to protecting the rights of Winter Haven pedestrian traffic accident victims and survivors. Let us put our extensive experience, vast resources, and unwavering dedication to work securing the maximum compensation possible for the physical, emotional, and financial trauma you have suffered because of a Winter Haven pedestrian accident.

What Causes Winter Haven Pedestrian Accidents?

With year-round sunshine and warm temperatures, Florida sees more pedestrian traffic than many other states. Unfortunately, Florida also has one of the highest pedestrian accident injury rates in the nation. Some common contributing factors in a Winter Haven pedestrian accident include:

  • Distracted driving. Anything that takes a driver’s eyes, hands, or thoughts away from the task of operating a motor vehicle is a distraction that can lead to a pedestrian accident.
  • Alcohol and drug use. In 2021, 30.5 percent of pedestrians aged 16 or older killed in motor vehicle crashes had a BAC of 0.08 or greater.
  • Aggressive driving. A motorist who is driving aggressively is more likely to fail to recognize the presence of a pedestrian, making it more likely that the driver will strike the pedestrian.
  • Speed. Speed is a contributing factor in about eight percent of all fatal pedestrian accidents nationwide.
  • Age. As a popular retirement destination, Florida has a disproportionate number of older residents. Unfortunately, one out of every three pedestrians killed in a traffic accident in Florida is over the age of 60.
  • Failing to obey traffic laws. Often, pedestrian traffic laws are not strictly enforced, resulting in motorists ignoring those laws, which, in turn, leads to pedestrian accidents.

What Kind of Injuries Might Occur in a Winter Haven Pedestrian Accident?

The unfortunate truth is that when a vehicle and a pedestrian collide, the pedestrian is at a high risk of sustaining serious, sometimes fatal, injuries, given that the pedestrian is completely unprotected and vulnerable. Among the most common pedestrian accident injuries are:

  • Soft tissue injury, including strains and sprains.
  • Paralysis and other spinal cord injuries.
  • Traumatic brain injury (TBI).
  • Neck and back injuries.
  • Internal organ damage.
  • Broken bones.
  • Loss of a limb.
  • “Road rash”
  • Lacerations and scaring.
  • Death

Florida Pedestrian Traffic Laws

Florida Statute 316.130 governs most of the rights and responsibilities of motorists and pedestrians when they interact on the roadways. While Florida law requires pedestrians to obey traffic signals, use crosswalks and sidewalks, and refrain from stepping into the path of a vehicle, the law also imposes several important duties and responsibilities on motorists, such as:

  • Drivers of motor vehicles are required to stop for pedestrians who are in a crosswalk with a traffic control signal or signage. If there are no traffic control signals or signs, a driver must yield to a pedestrian in a crosswalk.
  • A motorist cannot pass another vehicle that is stopped for pedestrians in a crosswalk.
  • Motorists are obligated to use due care to avoid colliding with pedestrians and give warnings and exercise proper precaution when there is a child or confused/incapacitated person present.

When a motorist fails to obey applicable traffic laws, that failure may constitute negligence on the part of the driver. If the motorist is subsequently involved in a collision with a pedestrian, the motorist may be held legally liable for injuries based on that negligent conduct.

Am I Entitled to Compensation for My Winter Haven Pedestrian Accident Injuries?

If you were injured in a Winter Haven pedestrian accident, or you lost a loved one in one, you could be entitled to compensation in the form of both economic and non-economic damages. An injured victim could receive compensation for things such as:

  • Medical expenses
  • Lost income and wages (both present and future)
  • Rehabilitation and other care costs
  • Physical and emotional pain and suffering
  • Diminished quality of life
  • Disfigurement and scarring

If you lost a spouse, parent, or child in a Winter Haven pedestrian accident, you may be able to file as a claimant in a Florida wrongful death lawsuit, providing you with compensation for things such as the loss of companionship, care, and support provided by the decedent before the accident.

How Can an Experienced Winter Haven Pedestrian Accident Lawyer Help?

At Kemp Personal Injury Law, our mission is to seek justice for injured victims and surviving loved ones who were killed in a Winter Haven pedestrian accident. We are dedicated to ensuring that the at-fault party is held accountable, and that victims are compensated to the extent possible. His background as an associate at one of the largest personal injury firms in America and as a former prosecuting attorney gives attorney Adam Kemp the skills and resources needed to successfully advocate for injured victims and surviving family members of a Winter Haven pedestrian accident.

If you were injured in a Winter Haven pedestrian accident, or you lost a family member in one, contact an experienced Winter Haven pedestrian accident lawyer at Kemp Personal Injury Law to discuss your legal options. It is our mission to make sure that victims who were injured in a preventable pedestrian accident are fully and fairly compensated by the responsible party or parties. Contact the team today for your free initial consultation by calling 863-225-0254 or by filling out our convenient online contact form.