Kaufman & Stigger represent injured pedestrians in Kentucky. A pedestrian accident can alter a person’s life in a matter of seconds. With a single careless act by a motorist, an innocent pedestrian can suffer severe disability, extensive medical treatment, and insurmountable financial loss.
At Kaufman & Stigger, we seek financial justice for injured pedestrians and ensure they’re compensated to the fullest extent. Protect your right to compensation and contact us today for a no-cost, no-obligation consultation.
How Kauffman & Stigger Help Pedestrian Accident Victims
An unfortunate reality of pedestrian accidents is that insurance companies will often undercompensate injured pedestrians who are too injured to work or pay for extensive medical treatment. And in even more unfortunate cases, the insurance company will deny compensation altogether.
That’s where Kauffman & Stigger can help. Our firm stands up for the rights of injured pedestrians in Kentucky. Injuring pedestrians is already an inexcusable action, but denying them compensation is reprehensible, which is why we fight for pedestrians’ right to be fully compensated for the following damages:
- Medical and hospital bills
- Property damages
- Occupational and physical therapy
- Lost earnings and wages
- Lost career growth such as raises and promotions
- Property damage
- Lost future earning capacity
- Pain and suffering
What to Do After A Pedestrian Accident In Lexington
After getting struck by a car, victims can find themselves in the middle of the street, on a sidewalk, or even on a car hood. Victims may feel the most vulnerable they’ve ever felt in their lives. They may also be in intense pain from the impact.
You should always contact 911 first after an accident. Get police and paramedics on their way so that you can get checked out and get your account of what happened documented. Then, if you’re strong enough to move, start gathering the evidence you’ll need to prove you weren’t at fault for your accident.
If you don’t feel you can move, ask someone you’re with or perhaps a helpful witness to assist you in some basic steps in securing visual evidence and documentation.
Here’s a list of details to collect:
- Take photos and video. Document the scene from every angle. Get photos of the vehicle that hit you and any damage to the vehicle. Tell the story of how the accident occurred by getting video or pics of street signs, traffic lights, and roadway markings.
- Talk to any witnesses. Make sure you know how to reach them when you go to file your claim against a driver and his or her insurance company. If witnesses are okay with writing down what they saw, have them sign and date the document. They may prefer to give a statement that you can record on your phone.
- Note the potential for security footage. Look around for any security cameras on businesses or on homes that might have caught what happened. Also, see if any witnesses in cars happened to have a dashcam rolling.
- Exchange information with the driver involved but don’t make any statements about how the accident happened or your injuries. Insurance companies can use these statements to weaken your case against them.
- Get examined by a doctor. Get every injury documented. Pay special attention to injuries that appear in the days after an accident.
- Keep any damaged personal items like clothing and purses or bags. Don’t throw evidence out.
Getting these factors documented can make a big difference when insurance companies for at-fault drivers try to blame you for an accident. They are just trying to limit the amount of compensation they’ll have to pay you for all of your physical, emotional, and financial hardships caused by the collision. You’ll be giving yourself and your attorney a great headstart on building a doubtless case when you begin with a file full of irrefutable evidence.
How is Fault Determined in a Kentucky Pedestrian Accident
Fault in a pedestrian accident depends on the actions of both the driver and the pedestrian. By law, both pedestrians and drivers are required to take necessary safety precautions to avoid getting in an accident. When determining fault, Kentucky follows a pure comparative negligence system.
In most cases, drivers are the at-fault party in pedestrian accidents, however, there can be exceptions. Contrary to popular belief, pedestrians do not always have the right-of-way. For example, let’s say you’re in a hurry to get something to eat on the other side of the street in downtown Louisvill and you attempt to run across the crosswalk when the crossing light is indicating you not to walk. You’re struck by a vehicle that was also in a hurry and ran a red light.
In this case, you can be assigned a percentage of the fault for crossing the street when you were not supposed to. If your pedestrian accident injury goes to trial, you could be found by a jury to be at 40% fault for your injury. This would leave the driver with 60% of the fault for not being more aware of a person in the street. So, if the final verdict rewards the injured pedestrian with $200,000, they will get $120,000 because their compensation will be reduced by the 40% they were found at fault.
Establishing Liability in a Kentucky Pedestrian Accident
Pedestrian accidents may seem straightforward, but some cases can be deceptively complicated. For instance, if you’re crossing the street while looking down at your phone, or doing something else besides watching the road, you can be found partially liable if you’re struck by a vehicle. Maybe you weren’t looking at your phone, but the driver says you were. What do you do?
For these reasons, it is important to consult with one of our attorneys if you need help navigating these legal complexities. In this case, the stronger the evidence, the stronger your claim will be. And a strong claim usually leads to a fair settlement. Strong evidence in a pedestrian accident claim includes:
- The police report, as well as any additional documentation related to the accident
- Photos and videos of the scene. This could include
- Eyewitness statements
- Dash cams
- Traffic cams
- Security cams
- Eyewitness testimony
- A medical report of your injuries from a doctor
- Income statements, which show your lost wages
- Related medical bills
How to Know if You Have a Case After a Pedestrian Accident
Anyone in Kentucky injured in a pedestrian accident will wonder if they have a case. If you suffered any type of injury due to another person’s careless or intentional actions, then you have a personal injury case. Knowing you have a personal injury case is one thing, but ensuring you have a strong personal injury case is where Kaufman & Stigger comes in.
Our firm will identify ways to strengthen your case and ensure you receive a desirable outcome. Here are some signs you have a strong personal injury case after a pedestrian accident:
- The defendant admitted fault. Admission is a powerful tool our firm uses to bolster the facts of your case. Through interrogatories and depositions, we form the right questions to get to the truth of the matter, especially if the defendant is at fault.
- The incident was caught on camera. Dash cams, traffic cams, and eyewitnesses may have caught your pedestrian accident. Undeniable evidence such as footage of the incident, can make your request for fair compensation undeniable. Our firm will help you obtain the necessary evidence to strengthen your case and make your statements irrefutable.
- You’ve suffered severe injuries. Unfortunately, serious and verifiable injuries are a part of a strong personal injury case. If you do not have a record or evidence of serious injury, then you won’t have much ground to stand on when making a demand for compensation. Our firm will connect you with trusted doctors, surgeons, and orthopaedists to document the extent of your injuries.
- Defendant has a history of carelessness. If the driver who injured you in your pedestrian accident has a bad driving record, this can strengthen your case. It is not uncommon for defense attorneys or the insurance to attempt to place blame on you for your injuries. But if the defendant has a history of poor driving, then it will be difficult to argue that you were at fault.
- You’ve taken the right steps. After a serious injury, it is expected to seek medical treatment and to continue treating your injury. A lapse in treatment may seem like you’re not that injured, or it has not seriously impacted your life. The attorneys at Kaufman & Stigger will help you manage your treatment and make sure you are taking all the correct steps to reach a successful settlement.
What is the Typical Settlement Amount for a Pedestrian Accident Injury in Kentucky?
There is no average compensation for pedestrian accident injuries. The result of every personal injury lawsuit varies on a case-by-case basis, so it is difficult to determine the value of every case. However, certain factors can potentially increase your amount of compensation:
- The severity and permanence of your injuries
- The percentage of blame assigned to you in the accident (ranges anywhere from 1% – 99%)
- Your age at the time of the accident
- Your education level and occupation
- Loss of enjoyment you’ve suffered due to injuries or mental trauma sustained from the accident
- Loss of earnings
- Future and present medical treatments
It is proven that payouts for pedestrian accident injury victims tend to be higher for those represented by an attorney than those who took legal action without representation.
Average Settlement for Kentucky Pedestrian Accidents Based on Injury
The severity of your injuries will account for a majority of your overall compensation if you reach a successful settlement. While there are other determining factors, the following personal injury classifications can give you a rough estimate of what your case is worth.
- Minor injuries: Approximately $1,500 – $15,000 – minor injuries are considered sprains, strains, and minor cuts and bruises.
- Moderate injuries: Approximately: $15,000 – $100,000 – moderate injuries are considered fractures, herniated discs, and torn ligaments.
- Severe injuries: Approximately $100,000 – $1,000,000+ – paralysis and death can quickly exceed settlement amounts of around $1,000,000 or more.
What Factors Could Decrease My Pedestrian Accident Settlement?
Understanding the factors that can potentially harm your case is essential to knowing the value of your lawsuit. While a highly experienced Pedestrian Accident Attorney will be able to highlight the reasons you deserve to be compensated, they will also work aggressively to protect you from the factors that could reduce your compensation. These factors include:
- Comparative negligence: as discussed in the article above, if you are found partially at fault, your settlement can be reduced by your percentage of liability.
- Pre-existing conditions: pre-existing medical conditions unrelated to the accident could complicate and potentially decrease the settlement.
- Lack of strong evidence: the inability to prove the liable party’s fault or carelessness in the accident can undermine your case and reduce your settlement.
- Delayed medical treatment: delays in seeking medical treatment after the accident may count against you, as it implies your injuries were not that severe.
- Inconsistent statements: inconsistencies in your statement or re-telling of the incident can hurt your credibility and diminish settlement prospects
Kentucky Traffic Laws to Prevent Pedestrian Accidents
The state of Kentucky has laws to protect pedestrians walking along sidewalks, crossing intersections, or using the street. According to Kentucky Right-of-Way Laws, all drivers are required to yield to pedestrians crossing a roadway within any marked or unmarked crosswalk. This affords pedestrians protection when walking near or across traffic. Other rights afforded to pedestrians include:
- KRS 189.570 (4) this law states that when traffic control signals are not in place or in operation, the vehicle shall yield the right-of-way to pedestrians by slowing down or stopping if necessary
- KRS 198.570 (18) no pedestrians shall pass through, around, over, or under any crossing gate or barrier at a railroad crossing or bridge while such gate or barrier is being opened or closed
- KRS 189.575 drivers must yield the right-of-way to blind pedestrians carrying a clearly visible white cane or accompanied by an assistance dog
Kentucky Pedestrian Right-of-Way Laws
At some point in all our lives, we’re pedestrians. And when drivers in Kentucky fail to maintain safe speeds and practice other safe driving behaviors, you and your loved ones can be at risk of being involved in a pedestrian accident. According to the NHTSA, in 2023, there were 7,314 fatal pedestrian accidents with more than 68,000 pedestrians injured.
Due to these statistics, there are numerous right-of-way laws in Kentucky to protect pedestrians:
- Pedestrians have the right-of-way to cross marked or unmarked crosswalks, even if the intersection does not have specifically marked crosswalks
- Every driver, bicyclist, and pedestrian must obey traffic control signals when they are erected in Kentucky. Drivers must obey traffic signs and signals, and pedestrians cannot cross the street until they see a walk signal at a marked crosswalk.
- At a four-way stop sign, drivers who approach the intersection first have the right-of-way to proceed. If two vehicles approach the intersection and stop at the same time, the driver on the right will have the right of way.
- Roundabouts throughout Kentucky, every driver must yield the right-of-way to any vehicle already inside the roundabout.
- Drivers must yield the right-of-way to pedestrians walking on the sidewalk. Additionally, pedestrians are prohibited from walking in the roadway when there is a sidewalk provided.
Is Jaywalking Illegal in Kentucky?
In Kentucky, jaywalking happens when someone crosses a street where they should not or against a traffic signal. Kentucky law requires pedestrians to yield to vehicles when crossing outside a crosswalk. A jaywalking violation can result in a citation, but it is not considered a serious crime; however, it can affect your liability in a pedestrian accident.
Jaywalking is often considered:
- Crossing the street when there is no crosswalk
- Crossing the street outside of a crosswalk
- Crossing the street where there isn’t an intersection
- Ignoring traffic signs instructing pedestrians not to cross
- Ignoring street lights that say “Don’t Walk”
Common Injuries in California Pedestrian Accidents
Unfortunately, pedestrian accidents resulting in serious injury or death on roadways in Kentucky are getting worse. There are more people out walking, getting to work, jogging, or shopping along the streets than ever before. According to the Kentucky Transportation Center, there are roughly 120,000 pedestrian accident injuries per year. The serious injuries sustained by pedestrians in traffic accidents tend to suffer the following injuries:
- Fractures
- Cuts and contusions
- Organ damage
- Concussions
- Amputations
- Brain injuries
- Spinal cord injuries
Lexington Pedestrian Accident Dangers
Lexington city leaders try to maintain a walkable grid across the city, but there are still plenty of dangerous spots where poor design and excessive traffic levels make pedestrian travel truly scary.
The dangers for anyone on foot are clear when looking over the end-of-year data on these accidents. In 2019, Lexington emergency responders reported 160 collisions involving pedestrians for the year. Those accidents lead to a tragic four people losing their lives. If you look back at the previous years you see how the numbers of accidents fluctuate, but the dangers pedestrians face stays constant.
Not every accident in 2020 has been officially documented and added up yet, but the early numbers show that even in a year of stay-at-home orders and fewer vehicles on city streets, pedestrians were still involved in far too many encounters with vehicles.
As of November 2020, the Lexington Police Department documented 140 pedestrian accidents year-to-date. Over the same period of 11 months in 2019, the city had seen 145 pedestrian-involved collisions.
Only an apparent small drop off was recorded in 2020 when dwindling traffic levels during the pandemic should have had a major impact. Unfortunately, that wasn’t the case. People trying to share the streets with motor vehicles were still placed at extreme peril when they walked, ran, or biked across Lexington.
Contact a Pedestrian Accident Lawyer in Kentucky
If you or a loved one has been injured in a pedestrian accident in Kentucky, the Pedestrian Accident Attorneys at Kaufman & Stigger are standing by to help you get the compensation you need. We understand the enormous medical costs associated with vehicle accidents and will aggressively pursue a settlement to match the full extent of your damages, even if you were at fault for your injuries. If a settlement cannot be reached, then our firm will represent you in court and advocate on your behalf.
Contact Kaufman & Stigger today for a free, confidential consultation. Our firm operates on a contingency basis, so you will not have to pay a cent unless we win your case.
