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The moment we step outside our homes, we are sharing the sidewalks and roadways with everyone else who is out and about. That makes each of us responsible to look out for pedestrians and motorists. Whether you’re walking on a crowded city sidewalk or driving on a busy street, you need to be on constant alert for anyone who might come into your path. Being alert is especially vital for pedestrians.
Pedestrians in Kentucky must share the roads with cars, trucks, buses, motorcycles, bicycles, and many other vehicles. This can prove to be a severe hazard since a pedestrian has little in the way of protection in the case of a collision. Pedestrians involved in motor vehicle crashes tend to suffer more severe injuries as a result, with these injuries sometimes proving fatal. If you were injured in a pedestrian accident in Kentucky, a Louisville pedestrian accident lawyer may be able to help.
The Facts About Pedestrian Accidents in Kentucky
In 2022, Kentucky State Police recorded over 1,288 crashes involving pedestrians that caused serious injury, with 13 percent leading to fatalities. In response to these sobering facts, the city of Louisville has become more aware of the high rate of pedestrian injury in the state and launched a campaign to promote driver and pedestrian safety.
Anyone who walks on the street could be involved in an accident with a motor vehicle, but there are certain situations and demographics in Kentucky associated with higher rates of pedestrian crashes.
The Louisville Public Works Department’s report found that motor vehicle crashes peak during rush hour, between 3-6pm, and increase on Fridays and Saturdays. This makes for an average of 404 pedestrian-motorist collisions in the city each year.
While pedestrian crashes can happen at any time, 40% of pedestrian crashes and 75% of fatal pedestrian crashes happen after dark. Additionally, pedestrian crashes in which a motor vehicle is making a left turn while the person crosses a street outnumber right-turn crashes two-and-a-half to one.
The demographic most affected by pedestrian crashes in the city are those aged 51 – 64, who represent 16.1 percent of these accidents. This means that the most at-risk group is also those who are most prone to injury.
Common Types of Louisville Pedestrian Accidents
A pedestrian accident is just like a car accident: It happens in the blink of an eye and can impact the victims for the rest of their lives. If you’ve been injured in this type of collision, your Louisville pedestrian accident lawyer needs to gather evidence to definitively establish your version of events. That analysis begins with reconstructing the accident. Here are some of the most common types of pedestrian accidents that you might encounter:
- Crosswalk accidents
- Hit-and-run incidents
- Turning vehicles at intersections
- Parking lot accidents
- School zones and residential areas
- Sidewalk accidents
- Distracted driving and walking
- Impaired driving
- Truck accidents
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Walking shouldn't be dangerous, but for many people, lack of access to public transportation and safe sidewalks makes traveling by foot difficult. If you've been hit by a vehicle, you may be facing a long recovery and hefty medical bills. Learn about your legal rights during a free and confidential case evaluation.
Kentucky Pedestrian Right-of-Way Laws
Determining liability is key to a successful accident claim. That determination starts with the traffic laws. According to Kentucky law, if you approach an intersection with a crossing signal that indicates it is safe to cross, you have the right-of-way. That means vehicles have to come to a complete stop and yield to your crossing.
When you’re walking on a sidewalk, you also have the right-of-way for any vehicles that are coming into or out of driveways and alleys. On the other hand, if you are attempting to cross a street that doesn’t have traffic signals or designated crosswalks, you have to yield to the vehicles.
Types of Injuries Sustained
Injuries that result from pedestrian-motorist crashes are often serious, and in many cases impair the pedestrian permanently. The most frequently sustained types of injuries in pedestrian collisions are:
- Traumatic brain injury
- Fractured or broken bones
- Severe or disfiguring lacerations
- Blood vessel and tissue damage that requires amputation
- Post-traumatic stress disorder
- Death
Pedestrians who survive motor collisions may face a long and painful recovery period after the trauma endured, requiring many doctor visits and possible surgery and ongoing physical therapy. If an injury is permanently debilitating, the person affected may have to adjust to a life of disability, unable to do activities they once enjoyed.
Sometimes, this leads to those affected being forced to quit their jobs. Losing a means of income, in combination with the high cost of medical care, can lead to financial ruin for an individual and their family. Hiring a Louisville pedestrian accident attorney can help ensure that the case is handled with the affected person’s best and clearest interests in mind.
Filing a Legal Claim for Pedestrian Accident Injuries
An individual involved in a pedestrian accident may decide to take legal action for many reasons, especially given the disruption the resulting injuries can cause to their life. It is important to have a Kentucky pedestrian accident attorney on your side in order to receive adequate compensation from the resulting pain and suffering. Having a lawyer to review pedestrian collision laws in Kentucky will ensure that a victim is able to procure the appropriate financial compensation for the wage losses, medical bills, and ongoing medical costs that are part of the recovery process.
In the tragic case of a pedestrian fatality, a family may file a lawsuit for damages to deal with the loss of their loved one and the financial burden that that may place on the household.
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Gathering Evidence for a Pedestrian Accident Claim
Accident claims often come down to two competing versions of the event. Proving a pedestrian accident claim in Kentucky requires compelling evidence. Here are some examples of evidence that could support your accident claim:
Witness Testimony
Witness Testimony is a firsthand account of the collision. That testimony can come from other motorists or pedestrians who saw what happened. Often, a witness will see the accident from a different perspective. They might see things you didn’t see because you were involved in the moment of the collision and their account of the accident can help support your claim.
Surveillance Footage
We live in an age when traffic and security cameras are everywhere. That surveillance helps keep businesses and homes secure. They also can provide valuable documentation about an accident. The footage will detail the time of the accident, vehicle speeds, crosswalk and traffic signals, and any of the actions taken before the accident. That footage will be invaluable in determining who is at fault.
Police Reports
When an accident occurs that results in an injury, police will be called to the scene. They will survey the situation, collect information from the parties involved, and take any witness statements. That report can serve as an official record of the event that you’ll be able to build your claim on.
Medical Records
Your medical records will determine the bulk of your damages. Those will be the costs that your insurance hasn’t covered. The medical records could also reveal the costs associated with ongoing treatment.
Advocating For Those Injured
The period following a serious injury caused by a pedestrian accident can be overwhelming and highly distressing. A Louisville pedestrian accident lawyer can assist by protecting your rights and procuring the financial compensation you deserve after an accident. If you would like to know how we can help, contact personal injury lawyers from McCoy & Hiestand, PLC today.
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Contact a Pedestrian Accident Lawyer in Louisville Now
Every pedestrian in the state of Kentucky has rights. If you've been hit by a car while walking on foot, we encourage you to get in touch with our law firm as soon as possible. We'll schedule you for a no-cost, no-obligation case evaluation to help you learn more about your rights and possible options for recovering compensation.