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Pedstrian Accident Lawyer in Winter Haven, FL

Every year, people are injured or killed in car-pedestrian accidents in Winter Haven. Drivers and pedestrians ignore the rules of the road and pedestrians are struck, resulting in serious or fatal injury. These injuries can be life-changing for all involved.

In Winter Haven, Florida law defines a pedestrian as someone on foot. Both Winter Haven pedestrians and drivers are under a legal obligation to behave safely on sidewalks and roadways. Understandably, those on foot suffer the most when up against a motor vehicle when an auto-pedestrian accident occurs. In the aftermath, recovering victims must deal with lost wages, medical costs, and emotional trauma.

When another party causes an accident through negligence and disregard of Winter Haven road laws, victims have several options of legal recourse. Dennis Hernandez & Associates can help Winter Haven residence obtain financial compensation for pedestrian injury, medical bills, property damage, and more.


There are no costs for an initial consultation and no hidden fees. If you’ve suffered a personal injury, don’t hesitate to contact us 24/7 to schedule your free case evaluation with an experienced Winter Haven accident attorney. Please contact us at (941) 210 0000.

Do I Have a Case?

Injuries Caused by Pedestrian Accidents

Pedestrians and drivers can both suffer from extensive injuries after a pedestrian-car accident in Winter Haven. While primarily affecting the pedestrian, injuries can include a range of issues. Some of these include head and brain injuries, broken limbs, and fractures. All involved parties can experience emotional distress in the form of PTSD.

If you or a loved one has been involved in an accident in Winter Haven –whether as a passenger, pedestrian, or driver – it is essential you seek medical attention immediately. This applies even if there are no apparent physical injuries. The resulting Winter Haven police reports and medical bills can become part of your legal case down the road.

Common Causes

Pedestrian car accidents in Winter Haven are often the result of reckless driving and a disregard for safety rules. Every accident is different, but common factors include distracted driving, speeding, or driving under the influence of alcohol or drugs.

In rare scenarios, pedestrians can be at fault. This includes when pedestrians fail to obey Winter Haven traffic signals or fail to exercise reasonable caution while walking near a roadway.

Liability in Pedestrian Accident Cases

Since drivers are operating heavy, fast-moving vehicles, they are responsible for ensuring the safety of pedestrians around them. Drivers should always operate their vehicle with pedestrian safety in mind.

If you hold a valid Winter Haven driver’s license, you accept this liability and awareness of road rules. Anyone with a license agrees to drive responsibly and safely. If a driver ignores those rules and causes an accident with a pedestrian, they can be found liable for their actions.

Contributory Negligence

The legal process becomes more complicated when pedestrians are involved. In Winter Haven accidents, both parties can be found negligent in certain situations leading up to a crash. This is called “contributory negligence.”

For example, a driver can be speeding and fail to stop at a crosswalk. They can potentially argue contributory negligence if you, the pedestrian, crossed the street when the signal indicated it was not safe to do so. For Winter Haven pedestrians, this means you can see diminished outcomes in compensation for damages.

Determining Damages

Determining damages in any type of case can be difficult. This is why a Winter Haven pedestrian accident attorney is essential. The team at Dennis Hernandez in Winter Haven can seek compensation for a variety of damages, including medical expenses and lost wages. Compensation can even include coverage for emotional pain and suffering.

If an accident has prevented you from returning to work, contact us today. Our Winter Haven pedestrian accident team can help determine your case’s worth.

Why You Need a Pedestrian Accident Attorney

The legal system in Winter Haven is complicated. The aftermath of an accident involves dealing with emotional, financial, and physical pain. Don’t compound this stress by taking on the legal system too. A pedestrian accident lawyer at Dennis Hernandez in Winter Haven is more than capable of fighting for what you deserve while you heal.

We know how to work with the complex system of insurance and laws. We can determine what you are owed and then represent your interests in and out of the courtroom. Our Winter Haven team is dedicated to supporting our clients as they deal with a difficult situation.

Consult an Experienced Attorney

Recovery is a long and painful process. Our team has been helping Winter Haven residents since 1997. We can fight for you, even if the defendant seeks to claim contributory negligence.

Don’t take on this fight alone. Contact the Dennis Hernandez Winter Haven office for a free legal consultation with an experienced pedestrian injury attorney.

After calling law enforcement and ensuring that all parties involved in an accident are medically attended to, the next steps are critical to a successful personal injury case. For vehicular accidents, we recommend following these steps:

Document the scene:

  • Take as many photos as possible as soon as possible. If you don’t have a camera or smartphone handy, ask someone on the scene if you can use theirs.
  • Take photos of all of the vehicles involved from several angles.
  • Take photos of the area surrounding the accident, including the roadway, street signs and traffic signals, if applicable.
  • Take photos of any visible injuries you or any of your passengers may have sustained.
  • In addition to damage to vehicles, take photos of any property that was damaged in the accident.

Gather information:

  • Write down the license plate numbers of all vehicles involved in the accident.
  • Ask the other driver if he or she owns the car or if it is owned by someone who is not at the scene.
  • Ask for the name of the insurance company that covers the other driver’s vehicle.
  • Ask the responding law enforcement officer how soon the accident report will be available to you and where you must go to get it.
  • Should the officer indicate that a report will not be written, ask for his or her name and badge number to be used as contact information.

Get contact details from witnesses:

  • Try to get contact information from all witnesses before they leave the scene. Do not ask witnesses for statements—your personal injury attorney will contact them if needed.
  • If there were no witnesses in close proximity to the accident, make note of any nearby businesses or homes and provide this information to your attorney.  

After the accident:

  • If you received any medical treatment, gather contact information for the hospital or emergency room where you were immediately treated, as well as from physicians and/or therapists who may have treated you in the days following the accident.
  • Retain all documents in a safe place. These may include:
    • The police accident report
    • Insurance policies and any communications from insurance companies
    • Medical bills from hospitals, doctors, pharmacies, testing facilities, etc.
    • Correspondence from the other driver or any witnesses
    • Receipt for repairs to property that was damaged as a result of the accident
    • Pay stubs or other proof of wages that were lost as a result of the accident

Claim Timeline

Each case is as unique as the individual who has been injured in an accident, but there are some steps that are typically taken. Your accident injury case may include these and other events:

Your recovery period: This initial stage starts at the moment you are injured and lasts until your doctor states that your condition cannot be further improved in a medical setting with care provided by medical professionals. This point is referred to as maximum medical improvement (MMI). When you are at this point, any health issues you have going forward are considered to be permanent.

Submission of documents: This is when information is submitted to your insurance company, including but not limited to your medical bills and proof of lost wages.

The negotiation period: An insurance adjuster reviews all of the submitted information, then makes a settlement offer. If your Winter Haven personal injury lawyer determines that this offer is insufficient, a counter offer will be made.

Litigation: When an agreement cannot be reached, the case may go to trial. Keep in mind that the majority of personal injury cases are settled outside of court.


Even though each case is unique, Dennis Hernandez & Associates, PA strives to fully compensate every client for his or her injuries, lost wages and property damage.

Car Accident


Litigant was in the middle car which was rear-ended and caused him to strike the vehicle in front of him.



6-year-old fell out of carriage on a horse-and-carriage ride at a Hilton Hotel Property causing a broken leg.

Car Accident


T-bone collision. Defendant contested liability stating he did not run red light. Three level neck fusion surgery.


I'd like to thank Dennis Hernandez and Associates for the service they provided. This was my first time in a car accident and also my first experience hiring an attorney. I wasnt open to the idea at first but I finally decided to hire and attorney and I made the right choice to hire Dennis Hernandez. Thank again!
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