Those who have been injured in a Winter Haven pedestrian accident may suffer life-changing consequences. Beyond the physical injuries, victims often face long-term impairments, emotional trauma, time away from work, and mounting medical bills. In some cases, an accident involving a pedestrian may even be fatal. If you have lost a loved one in a Winter Haven pedestrian accident, the team at Kemp Injury Law is available to help you pursue a
wrongful death lawsuit.
If you or a loved one has been injured or if you’ve lost a family member in a Winter Haven pedestrian accident, Kemp Personal Injury Law is here to help. Our team understands how devastating these incidents can be, and we are committed to helping you seek full and fair compensation from the at-fault party.
Common Causes of Pedestrian Accidents in Winter Haven
Winter Haven’s warm weather year-round makes it a walkable community for residents and tourists alike. However, with increased foot traffic comes a higher risk of pedestrian accidents, particularly when drivers or pedestrians act negligently.
Some of the most common causes of pedestrian accidents in Winter Haven include:
1. Distracted Driving
Distracted driving continues to be a top cause of collisions throughout Florida and all of the country. In 2022, the National Highway Traffic Safety Administration (NHTSA) found that
3,308 lives were lost in the U.S. due to distracted driving. In Winter Haven, texting, using in-car entertainment systems, or simply being inattentive are major contributors to pedestrian crashes.
2. Failure to Yield the Right-of-Way
Florida law requires drivers to yield to pedestrians in crosswalks. However, many drivers ignore this rule, especially at mid-block crossings or during right-hand turns. When drivers fail to yield, pedestrians may be struck in intersections or while crossing multi-lane roadways.
3. Impaired Driving
Driving under the influence of alcohol or drugs remains a significant issue. In 2023, over 25% of pedestrian deaths in Florida involved an impaired driver. Impaired drivers have slower reaction times, poor judgment, and are more likely to swerve or speed, putting pedestrians in grave danger.
4. Speeding
Excessive speed not only increases the chances of a crash but also worsens its severity. According to the
AAA Foundation for Traffic Safety, pedestrians face a 50% chance of death when being struck by a vehicle travelling at only 42 miles per hour. Winter Haven’s arterial roads, such as Cypress Gardens Boulevard and US-17, are often the site of speeding-related pedestrian accidents.
5. Poor Visibility and Lighting Conditions
Many pedestrian accidents occur in low-light conditions or at night. Poor street lighting, especially in residential areas or near commercial zones, can make it difficult for drivers to spot pedestrians in time to stop.
6. Unmarked or Non-Signalized Crosswalks
While marked crosswalks are designed to keep pedestrians safe, many parts of Winter Haven have intersections without clear pedestrian signals or markings. This leads to confusion about right-of-way and increases the chance of a collision.
7. Inadequate Sidewalk Infrastructure
Some parts of Winter Haven lack sidewalks entirely, forcing pedestrians to walk along the shoulder of the road. This is particularly dangerous along busy roadways or near construction zones, where pedestrian pathways may be obstructed.
At Kemp Injury Law, we firmly believe that no one should have to suffer physically, financially, and emotionally because of a driver’s negligence, regardless of the cause of your accident. When pedestrians are injured in a Winter Haven car accident, our team is here to provide personalized and compassionate legal support that helps you claim fair compensation. For more information about how Winter Haven pedestrian accident attorney
Adam Kemp can help, call us today or connect with us online and schedule your free consultation.
Common Injuries After a Winter Haven Pedestrian Accident
Unlike motorists who are protected by airbags, seatbelts, and vehicle frames, pedestrians are completely exposed, leaving them extremely vulnerable to serious or even fatal injuries when involved in a collision with a motor vehicle. Some of the most common injuries that victims suffer after a Winter Haven pedestrian accident include:
1. Traumatic Brain Injuries (TBI)
Head trauma is one of the leading causes of disability and death among pedestrian accident victims. A TBI can range from a mild concussion to a severe, life-altering injury affecting speech, memory, and motor skills.
2. Spinal Cord Injuries
Spinal cord injuries often have devastating and life-altering consequences. Victims may experience partial or complete paralysis, require lifelong care, and lose their ability to earn an income and support themselves and their families.
3. Fractures and Broken Bones
Common fracture sites include the pelvis, hips, legs, ribs, and arms. Some fractures are simple and heal with rest, while others may require surgery and long-term rehabilitation. The impact of a collision itself can cause serious damage, as well as the force from hitting the ground afterwards.
4. Internal Bleeding and Organ Damage
High-impact collisions can cause internal injuries that may not be immediately visible. Damage to the liver, kidneys, or spleen can lead to life-threatening complications if not diagnosed quickly. Even if your injuries are seemingly minor, it is strongly encouraged that you seek medical attention after your accident.
5. Amputations
Severe trauma to the limbs can result in crush injuries that require surgical amputation. This outcome permanently affects a victim’s quality of life, independence, and mental health.
6. Soft Tissue Injuries
Sprains, strains, torn ligaments, and deep tissue bruising are painful and can take months to heal. Some soft tissue injuries also lead to chronic pain and even long-term disability.
7. Emotional and Psychological Trauma
Victims of pedestrian accidents often suffer from post-traumatic stress disorder (PTSD), anxiety, depression, and other emotional trauma. The emotional pain can be just as debilitating as the physical injuries, often causing victims to lose enjoyment of life altogether.
We believe that victims in Winter Haven and beyond deserve full compensation not only for their physical injuries but also for the emotional and financial consequences they endure. At Kemp Injury Law, we help victims recover both economic and noneconomic damages after a pedestrian accident.
We understand the significant impact that a serious and traumatic accident like this can have on you and your family, which is why we aim to secure you the maximum compensation. We take great pride in serving injured victims in Winter Haven and throughout Polk County.
Florida Pedestrian Traffic Laws
Pedestrian accidents often come down to who had the right-of-way, and that’s where Florida traffic laws come into play. Under Florida Statutes §316.130, both drivers and pedestrians have legal duties designed to prevent these tragic incidents.
Here are some important laws that apply to pedestrians and drivers in Winter Haven:
Laws for Drivers
- Yielding to Pedestrians in Crosswalks: Drivers must stop for pedestrians in marked crosswalks when they are on the same half of the roadway or approaching so closely from the opposite half as to be in danger.
- No Passing Stopped Vehicles at Crosswalks: It is illegal for a driver to pass another vehicle stopped at a crosswalk to allow a pedestrian to cross.
- Use of Due Care: Florida law requires all drivers to exercise due care to avoid colliding with pedestrians and to provide warnings when necessary, such as honking the horn when a pedestrian appears confused or unaware.
Laws for Pedestrians
- Obeying Traffic Signals: Pedestrians must obey pedestrian crossing signals and other traffic control devices unless directed otherwise by law enforcement.
- Using Sidewalks: Where sidewalks are available, pedestrians must use them. If there is no sidewalk, pedestrians should walk on the left shoulder, facing traffic.
- Crossing Outside Crosswalks: When crossing at a place other than a crosswalk or intersection, pedestrians must yield to vehicles.
These laws are important in establishing liability. When a driver violates Florida law and injures a pedestrian, they may be held liable for negligence in a civil personal injury claim.
At Kemp Injury Law, we serve injured victims who have been injured by another driver’s negligence in a Winter Haven car accident. Contact us today to learn more about how we can help.
How Can an Attorney Help After a Winter Haven Car Accident?
After a pedestrian accident, victims are often stressed, confused, and struggling financially. An experienced Winter Haven pedestrian accident attorney like Adam Kemp can help you navigate the legal process and protect your rights every step of the way.
Here’s how Kemp Personal Injury Law can help:
1. Investigating the Crash
Our legal team will conduct a thorough investigation into how the accident occurred. This includes reviewing police reports, interviewing witnesses, analyzing surveillance footage, and consulting accident reconstruction experts when needed.
2. Identifying All Liable Parties
In some cases, more than one party may share responsibility for the accident. Our team will work diligently to identify the responsible party or parties in your accident, exploring every angle to maximize your recovery.
3. Calculating Your Full Damages
We’ll help you pursue compensation for:
- Medical bills (past, present, and future)
- Lost wages and diminished earning potential
- Rehabilitation and therapy
- Pain and suffering
- Emotional distress
- Loss of enjoyment of life
- Permanent disfigurement
- Wrongful death damages (if a loved one died)
4. Negotiating With Insurance Companies
Insurance adjusters often attempt to minimize claims or shift blame. Our team will handle all communications with insurers and push back against lowball offers.
5. Taking Your Case to Court (If Necessary)
If the insurance company refuses to offer a fair settlement, we are fully prepared to file a lawsuit and take your case to trial.
Attorney Adam Kemp brings years of experience in personal injury litigation, including work as a former prosecutor and at one of the largest injury firms in the country. His strategic insight, trial skills, and deep knowledge of Florida law allow him to advocate fiercely for pedestrian accident victims in Winter Haven.
Not only are we fully prepared to take on your Winter Haven pedestrian accident case, we also help injured victims in many other areas as well. Our team handles all kinds of personal injury cases in Winter Haven and throughout Polk County, including:
If you have been injured in Winter Haven because of another party’s negligence, our team is here to offer you a free consultation and discuss your case.
Contact Kemp Injury Law Today for Legal Support After a Winter Haven Pedestrian Accident
Pedestrian accidents in Winter Haven are preventable, though they are an unfortunately common occurrence. When negligent drivers or dangerous road conditions lead to injury or death, victims and their families deserve compensation that helps them in their recovery.
At Kemp Personal Injury Law, we offer compassionate yet aggressive representation to those impacted by pedestrian accidents in Polk County. Whether you’re recovering from serious injuries or mourning the loss of a loved one, our team is here to stand by your side and fight for the compensation you deserve. We keep you informed every step of the way, offering you the strong legal support of a larger firm with the care and attention of a smaller one.
