When there’s an accident between a vehicle and a pedestrian in Kentucky, it’s usually the driver’s fault. This is especially true because pedestrians often get hurt while the car only gets slightly damaged.
But just because drivers are usually to blame doesn’t mean pedestrians can do anything they want on the road. When you decide to try to cross a road or street outside of a crosswalk in Kentucky, you are taking a significant risk. Still, when an accident occurs in this situation, it’s important to understand what your options are.
Kentucky Pedestrian Accident Lawyers Will Be There For You
Even if you were being cautious as a pedestrian, you’re still vulnerable to drivers who are not careful. In these situations, it’s common to suffer serious injuries. When you’ve been injured in one of these accidents, regardless of the circumstances, our team of experienced Kentucky pedestrian accident lawyers will work hard to get you the compensation you deserve.
To find out more about how we handle cases, contact us today for a free consultation.
Kentucky Law and Pedestrians
There are a number of different provisions in Kentucky law that covers pedestrians and their actions. These laws define who is considered a pedestrian, and what they are and are not allowed to do.
Generally speaking, these laws are in place because of the fact that pedestrians are extremely vulnerable to injuries when involved in an accident, especially when there is a vehicle on the other end of the equation.
Here is a quick overview of some of these laws:
- KRS 304.39-050(1) – Under this law, a pedestrian in Kentucky is defined as someone who is not actively driving, riding in, entering, or exiting a motor vehicle.
- KRS 189.010 (8) – This law says that the term “pedestrian” includes anyone who is walking or using a wheelchair.
- KRS 189.570 – Under this section of the law, pedestrians in Kentucky must follow traffic signs, use sidewalks and crosswalks when available, yield to vehicles when outside of a crosswalk, and can’t suddenly dart out into the road when a vehicle is approaching.
Obviously, when a pedestrian unexpectedly steps onto the road in front of a vehicle coming towards them, it can result in harm to themselves, the driver, and other vehicles. Pedestrians who violate any of the regulations outlined in this section of the law may be held responsible for causing a traffic accident. With that said, it’s important to know how to approach an accident where you’re injured as a pedestrian.
Next Steps After a Kentucky Pedestrian Accident
After an accident, it’s really important to focus on staying safe and taking care of any injuries. If you’re seriously hurt, you’ll probably need to do more to take care of your health and help with any possible legal claim you might have. In general, here are the steps you should take after being involved in an accident as a pedestrian:
- Get medical help – If you or anyone else got hurt in the accident, call 911 or seek medical attention right away.
- Report the accident – If you’re able to, let the local authorities know about the accident and wait for them to arrive at the scene.
- Collect information – Get the contact and insurance details from the driver of the vehicle involved in the accident. Also, you may want to speak with any witnesses who saw what happened.
- Document the accident – Take pictures of the accident site, showing where it happened, any vehicle damage, and any injuries you suffered.
- Follow medical advice – Listen to your doctors and follow their recommendations. Make sure to attend all follow-up appointments. Ignoring medical advice could hurt your health and potential legal case.
After an accident, an insurance company will likely get involved. Before talking to them, consult with our team of pedestrian accident lawyers. Anything you say could be used against you later during their investigation.
Often, the most consequential outcome of a pedestrian accident is the injuries that you or a loved one will suffer. These injuries vary from case to case, but usually include:
- Traumatic brain injuries
- Spinal injuries
- Broken bones and fractures
- Road burn and other skin injuries
- Bruises, scrapes, and sprains
Remember, it’s crucial to speak with our experienced pedestrian accident lawyers as soon as possible to protect your rights and learn about your options.
Liability and Damages Available in Kentucky Pedestrian Accidents
The question of what happens if you’re hit while outside of a crosswalk in Kentucky is extremely important. Determining who is to blame for a pedestrian accident in Kentucky can be complicated since it largely depends on the specific circumstances of the accident. However, negligence is an important factor in deciding who is responsible for injuries. Negligence means that people, like drivers, have a duty to keep everyone safe.
When an accident happens because of negligence or recklessness:
- The person or party responsible didn’t fulfill their duty to keep others safe.
- If the accident causes injuries and damages, the responsible person or party is held liable for those damages.
Different parties can be held responsible in a pedestrian accident, such as:
- Other pedestrians
- The government or other agency in charge of maintaining the road
- Vehicle manufacturers if faulty equipment or parts caused the accident
However, if you were jaywalking or were outside of a crosswalk, you could conceivably be viewed as having contributed to causing the accident. With that said, under Kentucky law, you still have the ability to file a claim for your damages and injuries because drivers have an overriding duty to act in a way that doesn’t cause an accident.
While this can’t always be avoided, especially when you or another pedestrian is outside of a crosswalk, the legal concept of “comparative negligence” serves as a guideline for answering the question. Under comparative negligence, 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 be 50% at fault, your potential compensation will be reduced by 50%.
Once you know the full extent of your injuries and have all the necessary evidence, you can ask the insurance company to pay or even file a personal injury claim with the assistance of our Kentucky pedestrian accident lawyers, regardless of where the accident happened. In these claims, you have the potential to receive compensation for the following:
- Medical expenses related to the accident.
- Costs associated with scarring or disfigurement.
- Lost wages due to time off work.
- Loss of future income if your injuries are permanent and prevent you from working.
- Expenses for repairing your vehicle or other damaged property.
- Compensation for pain and suffering.
- Psychological trauma caused by the accident.
- Decreased quality of life.
The amount of compensation you can receive depends on the specific details of your case and the extent of your losses. It’s important to act quickly when filing a lawsuit since in Kentucky, you have a two-year time limit from the accident date to initiate legal proceedings. If you miss this deadline, you will lose the opportunity to seek damages.
Put Your Trust In Our Experienced Kentucky Pedestrian Accident Lawyers
At Kaufman & Stigger, PLLC we are committed to fighting for our clients to make sure they receive the rightful treatment they deserve. Our team of highly skilled Kentucky pedestrian accident lawyers is here to support you every step of the way. From gathering crucial evidence to handling insurance claims and even pursuing a lawsuit if necessary, we are dedicated to bolstering your case.
Contact us today to schedule a free consultation and take the first step toward pursuing your legal rights. You can put your trust in our team.