New Port Richey Pedestrian Accident Lawyers
Trial-Ready Representation for Pedestrians Hit in Pasco County
When a driver hits a pedestrian, the case is rarely “simple.” The injuries can be life-changing, the facts get disputed quickly, and insurance companies often treat walking victims like they did something wrong.
Kemp Law represents pedestrian accident victims across New Port Richey and Pasco County. With 20,000+ cases handled and millions recovered, we know how to investigate these crashes, prove liability, and pursue full compensation through settlement or litigation.
Our record includes high-value recoveries in serious roadway injury cases, including:
- $2,000,000 — Pedestrian Accident (multiple surgeries required)
- $1,150,000 — Motor Vehicle Accident (rear-ended at a stoplight; eight-vehicle collision; litigated and resolved)
- $1,100,000 — Motor Vehicle Accident (rear-end collision)
- Millions more recovered in claims involving serious injuries and wrongful death matters across Florida and Georgia
Call (727) 788-6792 or contact us online for a FREE consultation. Our New Port Richey pedestrian accident attorneys are available 24/7.
Why Choose Kemp Law?
- Insurance-Defense Insight: Partner Kelly Cook’s background as a former insurance defense attorney helps us anticipate how carriers evaluate and attack pedestrian claims.
- Trial-Ready Case Building: We develop cases for litigation from the start, because serious claims invite serious pushback.
- Proven High-Value Results: Our team has secured multiple seven-figure recoveries in roadway injury cases.
- Partner-Level Leadership: A leadership team built for complex litigation, including appellate capability when outcomes are challenged.
- No Fees Unless We Win: Free consultation, contingency representation, and no upfront attorney’s fees.
Understanding Pedestrian Accident Claims in Florida
Why Pedestrian Cases Get Disputed
Pedestrian crashes commonly turn into aggressive fault arguments, especially when the insurer sees meaningful exposure. Defense teams may claim the pedestrian “darted out,” blame visibility, or argue the driver “had no time to react.”
A strong claim is built by proving what actually happened through evidence, such as scene facts, timing, impact dynamics, witness accounts, vehicle inspections, digital data, and medical causation.
Where Compensation Comes From
Florida’s auto insurance framework can affect pedestrian claims in ways most people don’t expect. In many situations, PIP (Personal Injury Protection) benefits may apply even when the injured person was not inside a vehicle, because Florida’s PIP statute includes coverage for “other persons struck by the motor vehicle” in addition to occupants.
In a serious pedestrian injury case, recovery may involve one or more of the following:
- PIP benefits (when available under the applicable policy)
- A bodily injury claim against the at-fault driver
- Uninsured/underinsured motorist (UM/UIM) coverage when coverage is insufficient
- Commercial coverage if the driver was working (delivery, service calls, rideshare activity, etc.)
- Additional responsible parties when the driver is not the only legally liable actor (explained below)
The key issue is that pedestrian cases often require a coverage-first strategy that entails identifying every policy and every responsible party early.
Liability: Who May Be Responsible for a Pedestrian Injury?
Depending on the facts, liability may rest with:
- The driver (inattention, failure to yield, unsafe speed for conditions, distracted driving, impairment, etc.)
- An employer (if the driver was acting within the scope of work)
- A vehicle owner (separate from the driver, depending on the circumstances)
- A business or property operator (parking-lot crashes, delivery zones, poor traffic control, unsafe pedestrian routes)
- A road-maintenance or construction contractor (when work-zone control or roadway conditions contribute)
- A government entity (in limited situations involving roadway design/maintenance issues—these claims have special rules and defenses)
Kemp Law builds each case around a clear theory of responsibility supported by evidence, not assumptions.
Comparative Fault: How Insurers Try to Reduce (or Avoid) What They Owe
Florida applies a modified comparative negligence framework in many negligence cases. If the injured person is found partially at fault, compensation can be reduced—and if a party is found more than 50% at fault, recovery can be barred in actions where the statute applies.
That’s why pedestrian cases need careful development. The defense often tries to move the case from “driver negligence” to “shared blame” as early as possible.
Damages in a Pedestrian Accident Case
Every case is unique, but compensation in a serious pedestrian claim may include:
- Past and future medical expenses (including specialized care and rehabilitation)
- Lost income and loss of earning capacity
- Costs tied to long-term limitations or disability
- Pain and suffering and loss of enjoyment of life (when legally available)
- Out-of-pocket costs tied to recovery
- Wrongful death damages when a pedestrian crash is fatal (handled under Florida’s wrongful death framework)
In high-impact cases, the real issue is often future cost and future limitation and proving them with credible documentation.
How the Process Typically Works
A serious pedestrian injury case usually follows a disciplined progression:
- Case evaluation and coverage analysis (who is liable, which policies apply, where recovery can come from)
- Evidence development (scene facts, witnesses, digital data, medical causation)
- Damages documentation (organizing proof of financial loss and long-term impact)
- Demand and negotiation built around a defensible claim file
- Litigation when necessary to pursue appropriate compensation when the other side won’t be reasonable
Deadlines for Filing in Florida
Florida has strict time limits for filing negligence-based lawsuits. Under Florida’s limitations statute, an action founded on negligence must generally be commenced within two years, and missing the deadline can bar recovery.
A consultation can confirm what deadline applies to your specific facts and whether any exceptions may matter.
Call for a FREE Consultation: (727) 788-6792
If you were hit while walking in New Port Richey or anywhere in Pasco County, whether near US-19, local intersections, or shopping and residential corridors, Kemp Law is ready to evaluate your claim and explain your options with straight answers and trial-ready representation.
Call (727) 788-6792 or contact us online to schedule your free consultation.
