Kaufman & Stigger, PLLC represents pedestrians that have been injured in accidents throughout Louisville. When you’re out for a run, you’re legally seen as a pedestrian. This means that you have certain legal options if you get hurt in an accident. Our Louisville pedestrian accident lawyers can fight for your claim and make sure you have what you need to recover from any injuries. Contact us today for a free consultation to talk about your case.
Do You Need a Lawyer?
Anytime you’re injured as a pedestrian, you’re likely facing pretty serious setbacks. You have virtually no protection against a moving vehicle, meaning that any collision or impact puts you at risk. But whether or not you need a lawyer depends on your specific situation. There’s a chance you might only be slightly injured and not need a lawyer at all. However, the typical circumstances of these accidents means you’re going to need a lot more help.
Our team will be there for you. We can explain your options, look into what happened, help you gather evidence, then support you throughout your claim. Most of all, we want to make the legal process easier for you as you heal.
What’s the Claims Process After One of These Accidents?
Because you have the same rights as any other pedestrian when you’re out for a run, it means that you have the right to file an injury claim when you’re hit by a car–or otherwise injured because of someone else’s negligence.
The first step in the actual claims process is looking at who’s responsible. Negligence, or the breach of duty to act in a way that keeps you and others safe, is the legal standard for legal responsibility–or liability. This sets the course for your claim, telling you who you’ll be filing against and who is going to have to pay for your damages.
In a typical pedestrian accident, liability can fall on any or multiple of the following:
- Drivers
- Other pedestrians
- Business or property owners
- City or county government
- Product manufacturers
With liability established, you can move on to actually filing your claim. Generally, you have two options: filing an insurance claim out of court or filing a personal injury lawsuit inside the court system. Both play out in much the same way, but the overall goal is to recover “damages.” Damages is simply the legal term relating to your losses from the accident. In a successful claim, you can potentially recover:
- Medical expenses – These cover costs related to your medical treatment, therapy, ongoing care, and necessary medical devices.
- Lost income – These damages are for lost wages if you are unable to work or face significant work absences due to the accident.
- Pain and suffering – These address the physical pain and mental suffering caused by the accident.
- Emotional distress – Similarly, these damages cover the emotional trauma and anxiety resulting from the accident.
- Loss of quality of life – These damages cover the impact on your quality of life and personal relationships due to the severity of your injuries and life changes.
- Wrongful death expenses – In the event of fatal injuries, these cover expenses related to the wrongful death, including funeral and burial costs, loss of financial support, and loss of companionship.
An extremely important part of your claim is filing it on time. Despite having the right to file a claim, you still have to file your claim within Kentucky’s statute of limitations. It’s currently set at one year from the date of the accident. Missing this deadline means you cannot recover these damages, regardless of the strength of your claim.
How Can You Protect Your Injury Claim After These Accidents?
Another important aspect of your case is the steps you take to protect it. Unfortunately, just having the legal right to file a claim isn’t a direct path to your damages. Rather, you have to prove your case by showing the extent of your damages. You effectively have to protect and strengthen your claim anyway you can. The best way to do that is to do the right things in the aftermath of the accident itself. So, here’s what you can do to protect your claim:
- Get to safety and assess your injuries – Move to a safe location away from the road, like a sidewalk. Check yourself for injuries and get help from a bystander or call 911 if you’re seriously hurt.
- Immediate medical care – Prompt medical care is crucial. Get help from emergency responders at the scene or visit an emergency room or urgent care for less severe injuries. Getting medical attention is vital tying the accident and your injuries together.
- Gather evidence – If possible, speak to witnesses and record their accounts of the accident. Take pictures and videos of the scene with your phone. If your phone isn’t working, call the police to file an accident report and help gather crucial evidence.
- Remain calm – It’s natural to feel stressed in these situations. If you find these steps overwhelming, reach out to our team of lawyers for support and guidance during this challenging time.
Again, these steps are extremely important. But at the same time, it’s much easier said than done if you’re seriously injured. So, it’s important to have the right support in this situation so you can make sure you have the information you need for your claim.
What Causes Accidents to Runners in Louisville?
No matter where you go for your run in Louisville, you’re probably at risk for being in an accident. This is especially true if your typical run takes you along a busy road near Champions Park or a crowded area like 4th Street. But again, these accidents can happen anywhere because of similar causes like:
- Careless drivers – Careless drivers pose a significant risk to runners and pedestrians through distracted driving, speeding, ignoring traffic signals, and driving under the influence. These behaviors reduce drivers’ ability to notice and react to runners, leading to potentially severe or fatal accidents.
- Poor maintenance – Poorly maintained roads and sidewalks often cause pedestrian accidents. Potholes, cracks, and debris create tripping hazards, and delayed maintenance worsens these dangers, increasing the risk of injury as runners navigate these areas.
- Poor lighting – Insufficient street lighting reduces visibility, making it hard for drivers to see runners or being able to see obstacles. Poor lighting can also attract criminal activity, adding further risks for runners in poorly lit areas.
- Aggressive dogs – Coming into contact with aggressive dogs can lead to serious injuries. Unleashed or poorly trained dogs can startle or attack pedestrians, often due to owner negligence, making certain areas hazardous for walking or running.
- Other runners or pedestrians – Collisions with other runners or pedestrians can cause accidents. Not paying attention, crowded pathways, and sudden movements increase the likelihood of these incidents, which shows the need for awareness and caution in busy pedestrian areas.
You obviously don’t go for a run expecting to be injured, yet it’s something that happens quite often. So, it’s crucial to take these steps to protect both your health and legal options.
Experienced Pedestrian Accident Lawyers in Louisville
Being in a pedestrian accident while out for a run in Louisville is challenging and stressful. But with our team of experienced Louisville pedestrian accident lawyers at Kaufman & Stigger, PLLC, you don’t have to face the situation alone. We can support your claim and fight for a successful result. If you or a loved one have been injured as a pedestrian, contact us today for a free consultation to get the recovery process started.
