Free Consultation: 800-937-8443

Free Consultation: 800-937-8443

A car struck a woman on Clays Mill Road in front of Jessie M. Clark Middle School a little after 9 am, Thursday, November 15, 2018. According to witnesses, the woman crossed the road and wasn’t using a crosswalk when the car struck her.

Police at the scene say it didn’t appear that her injuries were life threatening, and she was taken to the hospital. The incident is still under investigation, and no charges have been filed.

The Dangers of Road Crossings

In 2016, there were over 6,000 pedestrian deaths in the United States, which was a 25 percent increase over the previous five years. According to a report in USA Today, some experts suggesting the increased use of texting while driving and walking has accounted for this upsurge in pedestrian deaths.

In the same report it shows that overall traffic fatalities have bean steadily coming down over the last few years, but at the same time, pedestrian deaths continue to climb.

Who’s at Fault?

In the pedestrian accident mentioned above, it is unclear who was at fault, however, this is always a difficult and important question when someone is severely hurt or killed. The law in Kentucky states that vehicles have the right-of-way in traffic lanes, and pedestrians have the right-of-way in cross walks and other designated areas.

However, the law also requires that both a pedestrian and a driver use caution. A driver should always attempt to avoid hitting a pedestrian, and pedestrians should use caution when crossing roads or entering traffic lanes.

Does this mean that if I was crossing a road outside a designated walking zone, that it is my fault? The answer is no. First, the traffic laws and the laws of personal injury are not the same. Being found to be in violation of a traffic law doesn’t mean that someone is liable for injuries. This holds true for the driver or the pedestrian in a pedestrian accident. Secondly, drivers have to take reasonable actions to avoid hitting a pedestrian, so fault will hing on a host of facts under the circumstances.

Do I need an Attorney?

If you were crossing a road outside a crosswalk and were injured by a car, we know that it isn’t automatically deemed to be the pedestrian’s fault, however, the insurance companies are going to tell you that it is and that you have no claim. Don’t believe them. Level the playing field with a professional who will be on your side.

At Kaufman and Stigger, PLLC, our attorneys know the traffic and personal injury laws and have a combined 100 years’ experience in assisting client, and they know how to get results. Don’t think for a minute that the insurance company is going to pay you what is fair. They have a job to do, and this is pay you as little as possible. If you want the peace of mind that you have the best attorneys on your side, then call Kaufman & Stigger, PLLC today, at (800) 937-8443 or click here to contact them online.