Walking is becoming an increasingly popular way to get around, according to the Governors Highway Safety Association (GHSA). Not only is it an excellent way to get the exercise we all need, walking is also free, convenient for short-distance trips, environmentally friendly, and when linked with public transit, a viable alternative to traveling in privately owned automobiles.
As the popularity of walking increases, however, pedestrian accidents are tragically on the rise. According to GHSA, pedestrian traffic fatalities increased by 35% from 2008 to 2017. GHSA estimates the nationwide number of pedestrians killed in motor vehicle crashes in 2018 was 6,227, an increase of four percent from 2017. The National Highway Traffic Safety Administration (NHTSA) reports that 5,376 pedestrians were killed and 70,000 were injured in traffic crashes in the United States in 2015.
Pedestrians are completely unprotected and vulnerable to serious injuries when struck by a vehicle. If you or your loved one has been hurt in a Louisville car accident, Kaufman & Stigger, PLLC can help you pursue the compensation you deserve.
Our Louisville personal injury attorneys have a history of success winning settlements and verdicts for our clients. We have been named among Super Lawyers®, granted membership in the elite Million Dollar Advocates Forum and the Multi-Million Dollar Advocates Forum, and awarded Martindale-Hubbell® AV Preeminent Rating, and have a 10.0 Superb Rating on Avvo. You can have confidence that we will give our best in protecting your rights and interests in a pedestrian accident injury claim.
Causes of Pedestrian Accidents
Driver distraction is a common factor in the increasing numbers of pedestrian accidents. According to GHSA, the growing use of cell phones may be a distraction for both drivers and pedestrians. Sadly, many pedestrian accidents are the result of various types of driver negligence. Driver contributing factors include:
- Speeding
- Distracted driving
- Failure to yield the right-of-way to pedestrians in crosswalks
- Drug or alcohol impairment
- Failure to signal turns
- Disregarding traffic or weather conditions
- Failure to obey traffic signals and signs
Pedestrian Accident Claims
A pedestrian who is struck and injured by a motor vehicle can file a bodily injury claim with the driver’s insurance company. If the driver does not carry enough insurance to cover the full extent of the losses, or carries no insurance at all, injured pedestrians may be protected under the uninsured or underinsured motorist coverage in their own policies.
In a comparative negligence state such as Kentucky, apportionment of fault can be an issue in pedestrian accident claims. If the driver of the vehicle claims that the pedestrian is partially responsible for the accident (for jaywalking, for example), a portion of the fault may be assigned to the injured pedestrian, and compensation for damages may be reduced accordingly.
In a pedestrian accident claim, punitive damages may come into play in cases of egregious, intentional, or particularly harmful conduct, such as a drunk driver who hits a pedestrian, causing serious injuries or death. Punitive damages go above and beyond compensating the injured party to punish the defendant and deter similar conduct in the future.
At Kaufman & Stigger, PLLC, we have a successful track record recovering substantial settlements and verdicts for our clients, including a recent $1,300,000 settlement for a 17-year-old injured pedestrian. You pay us no fees unless we win or settle your case for you. If you or your loved one has been injured in a pedestrian accident, contact us at (800) 937-8443 to find out how we can help you.
How Many Pedestrians Are Killed in Louisville?
According to the Vision Zero Louisville Dashboard, the city has averaged around 35 tragic pedestrian traffic deaths a year over the past five years (2020-2024).
The dashboard also reveals how Louisville saw a sharp spike in pedestrian victims in 2024. There were 44 lives lost for the year, signifying an uptick from 2023’s 33 tragedies.
- Kentucky recorded 124 pedestrian deaths in 2023, according to the Kentucky State Police’s (KSP) most recent report.
- The KSP also confirmed that 17 pedestrians were killed in hit-and-run accidents across the state, with another 119 people suffering serious injuries.
Kentucky Pedestrian Traffic Laws
Kentucky Revised Statutes are specific about the responsibilities of both pedestrians and motorists in avoiding accidents.
KRS 189.570 (1) Pedestrians Must Obey Walk/Don’t Walk Signs
KRS 189.570 (6) (a) When Pedestrians Must Yield to Drivers
KRS 189.570 (4) Drivers Must Slow Down for All Pedestrians
KRS 189.575 Yielding to Blind Pedestrians
KRS 189.580 Responsibility of Driver Who Hits Pedestrian
KRS 189.990 Penalties for Kentucky Drivers Guilty of Hit & Run
(Pictured below: Crosswalks at Grinstead Drive and Lexington Road)
Louisville Pedestrian Traffic Laws
Louisville observes Kentucky Pedestrian Traffic codes, but the city also adds some of its own laws to help keep those on foot safe. Many of Louisville’s ordinances involve arterial roadways.
Louisville defines arterial roadways this way:
“The class of roads in Jefferson County that serve major traffic movements (high-speed, high volume) for travel between major points, which include any roadway listed in § 71.10 of this chapter.”
Arterial roadways are primary corridors through the city where pedestrians may be at increased risk. Louisville’s Traffic Ordinance posting has a full list of streets that are considered arterial. The list includes major thoroughfares like Algonquin Parkway and Bardstown Road.
These are a few of the responsibilities Louisville pedestrians are expected to uphold.
Chapter 71: Traffic Rules § 71.10 PROHIBITED PEDESTRIAN ACTIVITIES ON ARTERIAL ROADWAYS, MEDIANS, AND GORES.
“(A) Pedestrians are prohibited from crossing an arterial roadway at any place except in a crosswalk. If there is no crosswalk on an arterial roadway, a pedestrian may cross an arterial roadway only at an intersection in which a traffic-control signal or other device is in place. If neither is present, a person may cross an arterial roadway only at an intersection.”
The “gore” mentioned above is a triangular piece of land, usually concrete or grass, in between where two lanes diverge. Pedestrians should not be in a median or gore unless they are legally crossing the street.
Louisville’s traffic codes also apply to people who become pedestrians when they are soliciting from car to car. Those with a valid permit to solicit at intersections must follow certain rules:
- 71.10 (5) Solicitors in the Street
“(d) Persons must withdraw from an intersection to a place of safety on a median or on the side of an arterial roadway before the light turns green or as soon as safely possible;
(e) Persons must limit solicitation activity to one person for each lane of traffic;
(f) Persons must refrain from yelling at or otherwise distracting motorists, and from touching any vehicle; and
(g) Persons shall not conduct any solicitation activity before sunrise or after sunset, as published daily by the National Weather Service, or in inclement weather during which wipers or lights are necessary for safe vehicular travel, or in the judgment of any law enforcement officer conducting solicitation activity would constitute a hazard to individuals conducting solicitation activity or to motorists.”
Vision Zero Goals for Louisville Pedestrian Accidents
Louisville has joined a national campaign called “Vision Zero.” It’s a program meant to identify the most dangerous spots for the most vulnerable roadway users. Those vulnerable users are generally those on foot and those on bikes.
Vision Zero Louisville helps cities rally support and set a goal to erase all serious injuries and deaths caused by traffic accidents each year. Louisville officials have decided it has until 2050 to reach the finish line.
WAVE-3 TV reports that the latest focus of Vision Zero is to research traffic congestion along Cane Run Road and the Greenbelt Highway and find paths to improvement. The study got underway in the second half of 2024.
In 2024, the program advanced the safety initiative by creating Louisville’s first Speed Management Plan. That plan will be finalized in the first part of 2025, and then work will get underway on methods of slowing traffic down to keep local walkers safer. Vision Zero Louisville cooperation has also led to the development of a framework for creating a Safe Routes to School program.
(Pictured: School Pedestrian Crossing Sign Near 13th Street and Chestnut Street in Louisville)
Frequently Asked Questions
If I get hit while crossing the street outside a crosswalk, is it my fault?
The truth is, even though you might be breaking the law by crossing outside a crosswalk if you get hit by a car, it doesn’t automatically mean that you can’t get compensation. The law looks at whether the driver was negligent by driving too fast, being distracted or not considering the presence of pedestrians.
What damages can I get if I’m hit by a car?
Kentucky law allows for a victim of an auto accident to be compensated for all injuries and financial losses. These can be categorized into economic and non-economic damages. Economic damages are those that are easily computed like medical bills and lost time from work. Non-economic damages are those where the computation isn’t so set and encompasses things like pain and suffering and mental anguish.
How long do I have to file a pedestrian accident injury in Kentucky?
Kentucky has a one-year statute of limitations for personal injury claims. This means you have one year to settle your motorcycle claim before you have to file a lawsuit with the court. If you don’t file within the year, you risk losing your right to compensation.
Additional Information
- Pedestrian Traffic Fatalities 2017 State by State Data
- Pedestrians Be on the Lookout This Holiday
- Trick or Treat or Injury? How to Stay Safe this Halloween Season
- Pedestrian Safety – CDC
- Take Steps to Avoid Injury or Death While Walking
- Pedestrian Traffic Safety Facts – 2014 Data
- Pedestrian Fatality Facts – IIHS
- Runner Injuries
