As a pedestrian in Kentucky, you might think that you’re safe from a car accident. However, just because you choose to walk instead of driving to your destination doesn’t mean you can avoid the dangers and injuries that come from a car accident. Pedestrian accidents in Kentucky have their own difficulties and challenges.
If you or someone you care about has been involved in such an accident, it can lead to serious financial problems due to medical bills and a loss of income. And further, it can also require physical and mental rehabilitation. That’s why it’s important to understand how Kentucky’s pedestrian accident laws work and what you can do to recover.
Experienced Kentucky Pedestrian Accident Lawyers
In pedestrian accident situations, it’s important to have a team of experienced Kentucky lawyers on your side. At Kaufman & Stigger, PLLC, we understand the tough situation you’re going through and we’re here to help you get compensation for your medical bills, lost wages, and other losses. Our pedestrian accident lawyers understand your concerns and will do everything possible to make sure you receive proper compensation for your injuries. Contact us today to set up a free consultation to learn more.
What Are Some of the Common Causes of Pedestrian Accidents in Kentucky?
Pedestrian accidents in Kentucky have some important factors to consider, but the main issue is that pedestrians are highly vulnerable to injuries in these accidents. This isn’t difficult to figure out why: as a pedestrian, you have virtually no protection against a moving vehicle. Apart from this lack of protection, there are different causes and situations that can lead to these accidents, many of which have nothing to do with the actions you take as a pedestrian. Common causes of pedestrian accidents throughout Kentucky include:
- Distracted driving – When drivers are not paying attention to the road because they’re using their phones or eating, they are more likely to hit pedestrians.
- Speeding – If drivers go faster than they should or drive too fast considering the road conditions, they might not have enough time to react if a pedestrian is crossing.
- Failure to yield – Drivers who don’t stop to let pedestrians cross at crosswalks or ignore traffic signals like red lights and stop signs can cause serious accidents.
- Low visibility – Pedestrian accidents are more likely to happen when it’s dark outside or during bad weather when it’s hard to see properly.
- Driving under the influence – One of the most dangerous things a driver can do is drive while they’re under the influence of drugs or alcohol. This affects their judgment and makes them react more slowly, increasing the chances of accidents involving pedestrians.
- Issues with the road – When roads are poorly designed or lack pedestrian features like crosswalks or sidewalks can contribute to pedestrian accidents in Kentucky.
Understanding the causes of pedestrian accidents is important, but it’s not the only thing you should consider. As a pedestrian, it’s crucial to use designated crosswalks and stay alert while walking, especially in busier areas of the state. However, even though Kentucky has many more rural areas than it does urban areas, pedestrian accidents can still happen.
Where Do Pedestrian Accidents Happen in Kentucky?
Pedestrian accidents can happen in various locations throughout Kentucky. However, certain areas may have a higher incidence of pedestrian accidents compared to others. Typically, urban areas with higher population densities and more pedestrian activity tend to see more pedestrian accidents. Cities like Louisville, Lexington, Bowling Green, and Owensboro typically have higher rates of pedestrian accidents due to increased foot traffic and interactions with vehicles.
Additionally, locations that see a higher volume of pedestrians crossing streets, or where drivers have to navigate more complex traffic patterns commonly see more pedestrian accidents in Kentucky. These areas include:
- Busy intersections
- Downtown areas
- Areas near schools
- Shopping centers
- Public transportation hubs
It’s important to note that pedestrian accidents can occur anywhere, including Kentucky:
- Residential neighborhoods
- Rural areas
Both drivers and pedestrians in Kentucky should stay alert and obey traffic laws and safety rules to lower the chances of accidents and keep pedestrians safe. Still, if a pedestrian accident happens, it’s important to understand who is responsible and why.
Liability in Kentucky Pedestrian Accidents
Pedestrian accidents in Kentucky are certainly unfortunate. While each accident is unique, there is a standard process that applies to all cases. Taking legal action follows a similar procedure. The first step is to identify who is responsible for causing the accident, which determines liability. As the injured party, you need to demonstrate that the driver was negligent while operating their vehicle and caused the accident. Negligence involves the following elements:
- The driver has a duty to avoid causing harm.
- The driver failed to fulfill their duty by causing the accident.
- The accident occurred because of the driver’s breach of duty.
- The injuries and damages you suffered were a direct result of the driver’s actions.
Every time someone drives a car, they have a legal obligation to drive in a manner that prevents accidents, usually referred to as driving “reasonably.” The legal standard for this is how a “reasonable” person would act in a similar situation. While the vast majority of pedestrian accidents involve negligence from a driver, there are scenarios where you, as a pedestrian, may be blamed for the accident.
Can You Be Blamed For a Pedestrian Accident in Kentucky?
If you are being blamed for the pedestrian accident, it’s important to understand the circumstances that went into it. In terms of legality, Kentucky uses a “comparative negligence” rule. This means that if you are partially at fault for an accident, your compensation will be limited based on the percentage of fault assigned to you. For instance, if you are determined to be 15% responsible for the accident, your damages will be reduced by that same percentage.
In pedestrian accidents, you could be partially at fault if you were:
- Crossing the street illegally (Jaywalking)
- Disregarding traffic lights or signals
- Suddenly running or darting into the street
- Crossing the street while intoxicated or under the influence of substances
However, Kentucky law still allows you to pursue a claim for damages. In a pedestrian accident, this compensation is very important to your recovery.
Damages in a Kentucky Pedestrian Accident
Every pedestrian accident case is unique, and the amount of compensation victims receive depends on the specific facts and circumstances, including their percentage of fault–if any. In a Kentucky pedestrian accident, potential recoverable damages may include:
- Medical expenses, such as ambulance services, hospitalization, tests, surgery, follow-up care, and medication.
- Future medical costs for ongoing treatment of permanent injuries.
- Expenses for medical devices like wheelchairs, canes, or artificial limbs.
- Lost income due to missed work.
- Decreased earning capacity if permanent injuries prevent the victim from returning to work.
- Physical pain and suffering.
- Emotional distress.
- Loss of companionship with a spouse.
- Loss of enjoyment of life.
It’s important to note that not all cases involve every type of damage listed. Consulting with our experienced Kentucky pedestrian accident lawyers will provide you with a better understanding of your specific situation and the potential damages you may recover.
Contact Kaufman & Stigger Today
If you have been involved in a pedestrian accident, Kaufman & Stigger, PLLC can help you determine who is responsible, gather crucial evidence, and guide you through the claims process to ensure you receive the necessary help and financial support for your recovery.
Our team of experienced and dedicated Kentucky pedestrian accident lawyers has provided expert legal guidance and support to numerous clients in Lexington, Louisville, and throughout the state, helping them navigate through the complexities of such difficult times.
Contact us today for a free consultation.