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Who Is At Fault In a Kentucky Pedestrian Accident?

When people usually think about car accidents, they imagine crashes between two or more drivers. However, there’s another type of accident that can be even more dangerous, and that’s when a pedestrian gets hit by a driver.

Data from the Governor’s Highway Safety Administration showed that there were 46 pedestrian fatalities in Kentucky between January and June 2022. That same data showed that there were just 32 pedestrian fatalities in 2021.

As this data indicates, you should be aware of the things that can cause these accidents and know what to do if you get into one. Most importantly, you should try to get a handle on who–if anyone–is at fault when there is a pedestrian accident in Kentucky.

Experienced and Skilled Kentucky Pedestrian Accident Lawyers

If you do happen to get injured in a pedestrian accident in Kentucky, it’s crucial to have reliable legal help. At Kaufman & Stigger, PLLC, we have a team of experienced lawyers who have a wealth of experience and skill in helping people with pedestrian accident cases. We have a successful track record and can explain your legal options to you and support you in recovering from your injuries.

Don’t hesitate to contact us for a free consultation to learn more.

What Causes Pedestrian Accidents in Kentucky?

Pedestrian accidents in Kentucky can be very dangerous for several reasons. The main reason is that pedestrians are extremely vulnerable to injuries because they don’t have any protection against moving vehicles. There are different causes and situations that can lead to these accidents, including:

  • Distracted driving – When drivers are not paying attention because they are texting, talking on the phone, or doing other distracting things while driving, they may not notice pedestrians. This is one of the most common causes of pedestrian accidents throughout Kentucky.
  • Poor visibility – Pedestrians can be hard to see, especially in low light conditions like at night or in bad weather.
  • Failure to yield – Drivers who don’t give the right of way to pedestrians at crosswalks or intersections can cause accidents.
  • Driving under the influence – When drivers are drunk or on drugs, their judgment is impaired, and they can’t react quickly enough to avoid hitting pedestrians.
  • Road design – Some roads or intersections in Kentucky may be poorly designed, making it hard for drivers to see pedestrians or for pedestrians to cross the street safely.
  • Speeding – Drivers who go faster than the speed limit have less time to react to pedestrians and are more likely to cause accidents.

Knowing these causes is important, but as a pedestrian, you should always use marked crosswalks and be alert, especially in busy areas. However, even if you take precautions, accidents can still happen, and they often result in serious injuries.

Common Injuries in Kentucky Pedestrian Accidents

Sometimes, it’s impossible to avoid pedestrian accidents, and that’s when the vulnerability of being a pedestrian becomes very clear. Getting hit by a vehicle while walking can cause a wide range of injuries, including:

  • Head injuries
  • Broken bones
  • Spinal cord injuries
  • Internal injuries
  • Cuts and bruises
  • Psychological trauma

What Should You Do After a Pedestrian Accident?

After an accident, it’s crucial to prioritize your safety and address any injuries you may have. If the injury is serious, you should take further action to ensure your health and potentially support any legal claim you may have. In general, here are the steps you should follow after being involved in a pedestrian accident:

  • Seek medical help – If you or anyone else involved in the accident is hurt, it’s important to get medical help right away. You can either call 911 or seek immediate medical attention.
  • Report the accident – If you’re able to, report the accident to the local authorities and wait for them to arrive at the scene.
  • Gather information – Collect contact and insurance information from the driver of the vehicle involved in the accident, as well as any witnesses present during the incident.
  • Document the accident – Take photos of the accident scene, including the location, vehicle damage, and any injuries you sustained.
  • Follow medical advice – Listen to the guidance provided by your healthcare professionals and attend all follow-up appointments. It’s important to prioritize your health and well-being, as neglecting medical advice could harm both your health and potential legal case.
  • Avoid speaking with insurance companies – Insurance companies will likely be involved after the accident. Before speaking with them, consult with our team of pedestrian accident lawyers. Statements you make to insurance companies can be used against you, so it’s important to have legal guidance.

Remember, it’s crucial to reach out to our experienced pedestrian accident lawyers as soon as possible to protect your rights and explore your options. Part of our guidance will help you determine who was at fault for the accident and what you need to do from there.

Who is at Fault in a Kentucky Pedestrian Accident?

Determining who is at fault for a pedestrian accident in Kentucky isn’t always straightforward. In fact, it largely depends on the specific facts and circumstances that surround the accident. However, in Kentucky, the concept of negligence plays a significant role in determining liability for injuries. Negligence refers to the responsibility that drivers and others have to keep everyone safe.

When an accident happens because of negligence or recklessness, it means that:

  • The responsible person or party failed in their duty of care to keep you and other pedestrians safe.
  • If the accident causes injuries and damages, the person or party who caused or contributed to the accident is considered liable for those damages.

In a pedestrian accident, various parties could be held liable, such as:

  • Drivers
  • Passengers
  • Government agencies responsible for maintaining the road
  • Vehicle manufacturers when faulty equipment or parts cause the accident

It’s important to note that under Kentucky’s laws, you might also share some of the liability. This is called “comparative negligence,” and it means that the amount of compensation you receive from the responsible party can be reduced based on:

  • The percentage of fault you contributed to the accident

For example, if you are found to have been 10% at fault, your potential recovery will be reduced by the same 10%.

If you have been involved in a pedestrian accident in Kentucky, it is crucial to understand and protect your rights under the law. The best way to do this is by working with our experienced team of Kentucky pedestrian accident lawyers.

What Should You Know About Kentucky Pedestrian Accident Claims?

When you’re involved in a pedestrian accident, Kentucky law allows you to seek compensation for the harm caused to you by the responsible party. This can be done by filing an insurance claim or a lawsuit, and sometimes both.

  • Filing an insurance claim – The first step is to contact the responsible party’s insurance company and submit a claim. They will investigate the accident and offer a settlement amount. It’s important to remember that the insurance company wants to pay as little as possible. Our experienced team can help you build a strong case and negotiate for a fair settlement.
  • Filing a lawsuit – If the insurance settlement isn’t satisfactory, the next step is to file a personal injury lawsuit. Our team will handle the legal process, starting by filing the lawsuit in civil court. Both sides will exchange evidence during the discovery process. If the case doesn’t settle through mediation, it will proceed to trial, where a judge and jury will decide the final settlement amount. The purpose of a lawsuit is to recover various damages, including:
  • Medical expenses
  • Lost wages
  • Emotional distress
  • Pain and suffering
  • Loss of enjoyment of life or companionship
  • Punitive damages, in certain cases

It’s important to understand that the process of filing a lawsuit in a Kentucky pedestrian accident can vary depending on your case’s specific details. However, by working with our team, we can assess the strength of your case and provide you with support throughout the process.

Kentucky Pedestrian Accident Victims Can Trust Kaufman & Stigger

If you or someone you care about has been involved in a pedestrian accident in Kentucky, it’s important to act quickly and seek the legal help you need. Dealing with the aftermath of an accident can be overwhelming, but having a team of experienced pedestrian accident lawyers by your side is crucial to protect your rights and ensure you receive the compensation you deserve.

At Kaufman and Stigger, PLLC, we have a strong track record of successfully representing clients in pedestrian accident cases. Our team will work hard to look into your accident, collect evidence, and build a strong case for you.  Don’t wait to take the first step in your recovery. Contact us today to set up your free consultation.

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