People crossing a road on foot or walking beside the road in Lexington are vulnerable to injury or death if struck by a vehicle. When a car hits a pedestrian, the pedestrian has no protection from the force of the impact.
Drivers have a responsibility to take precautions when driving and to be alert for pedestrians at intersections. If you have been injured in a pedestrian accident caused by a careless driver in Lexington, you may have a right to seek full and fair compensation for your injuries.
The Lexington pedestrian injury lawyers at Morgan, Collins, Yeast & Salyer will use our skills and resources to provide you with the best legal representation possible. Our Kentucky Courage attorneys have decades of legal experience and have recovered more than $300 million in compensation for our clients. We are proud to help injured Kentuckians stand up for themselves and rebuild their lives. Contact our Lexington office today for your free initial consultation.
Lexington Pedestrian Accident Dangers
According to the Kentucky Transportation Cabinet, 656 pedestrians were injured and 92 people died in pedestrian accidents across the state in a recent year. Those 92 deaths accounted for about 12 percent of all traffic fatalities statewide that year.
As Kentucky’s second-largest city, Lexington has a significant share of pedestrian accidents. Though some are the fault of careless pedestrians, many pedestrian collisions are preventable accidents caused by drivers who are speeding, distracted, impaired, or otherwise negligent in some way. Young children and people ages 65 and older are particularly susceptible to pedestrian accidents.
No matter how the accident happened, collisions involving cars and pedestrians are nearly always more harmful to the pedestrian than the vehicle occupants.
Pedestrian Accident Claims in Lexington
Pedestrians injured in a collision caused by someone else have a right to seek compensation for their injuries. Unfortunately, it’s often a challenge for the victims to recover the full value of their claim.
One reason is that pedestrian accident claims tend to be expensive because of the severity of the injuries and losses that are often involved. The medical expenses of the injured pedestrian may exceed the insurance coverage available to provide compensation after a serious accident. Insurance companies will fight to minimize the value of a pedestrian accident claim and shift liability when possible. It’s crucial to have evidence that proves the other party’s responsibility and that demonstrates the extent of the losses you have incurred.
Kentucky uses a legal doctrine known as comparative negligence in cases where more than one party may be at fault for an accident. In a nutshell, this means that when more than one party is at fault for an accident, the plaintiff’s compensation can be reduced by their percentage of fault. For example, if you are found to be 30 percent at fault for a pedestrian accident, you would lose 30 percent of the value of your claim.
The good news for injured pedestrians is that you will likely be able to recover at least some compensation for your injuries, even if you are partially at fault.
Here’s what you need to do to protect your rights if you are involved in a pedestrian accident:
- Call 911. Calling 911 will bring the police to the scene so they can document the incident and the motorist that was involved. The officer who investigates the accident may identify how the accident happened. You can use the accident report to support your claim.
- Get the name, driver’s license number, and insurance information from the driver who hit you if you are able.
- Take photos. If at all possible, get pictures of the car that hit you, its license plate, any injuries you suffered, and the area where the crash happened. If there are any environmental factors that may have contributed to the crash, such as a broken streetlight, be sure to take pictures of them. Photos of the accident scene can provide useful evidence.
- Look for anyone who might have seen the accident. If you locate any eyewitnesses, try to get their names and contact information.
- See a doctor as soon as you can. You will most likely be taken to a hospital from the accident scene. If you don’t need emergency medical care, you should go to a doctor and get checked out immediately. Be sure to follow the doctor’s treatment plan.
- Save your medical records. They are crucial to helping you develop a case for compensation for your injuries.
- Report the accident to your insurance company. Provide the name and insurance information of the driver who hit you, if you have the information.
- Stay off social media. Avoid posting any information about the accident or your injuries on social media. A comment you post may be used against you.
- Contact a Lexington pedestrian accident lawyer as soon as possible. The sooner you speak to an attorney, the faster the attorney can start investigating the accident and gathering evidence to support your case.
Common Causes of Pedestrian Accidents in Lexington
Every pedestrian accident has unique facts. But there are certain factors that commonly play a role in these accidents, including:
- Crosswalks – Many streets and intersections in Lexington have designated crosswalks that pedestrians are supposed to use to cross the street. Most crosswalks are located at intersections, but they also may be in the middle of a block, such as in front of a school. Crosswalks are usually marked with yellow or white lines. But this is not always the case. The painted stripes may wear off over time, or crosswalk may be unmarked. Kentucky law requires drivers to yield to a pedestrian who is crossing the road in a crosswalk. On the other hand, pedestrians crossing the road at a location other than within a marked or unmarked crosswalk at an intersection must yield to all vehicles.
- Distracted driving – Distracted drivers pose a hazard to pedestrians in Lexington. If a driver is distracted, the driver may not see a pedestrian crossing an intersection or roadway in time to stop or slow down. Common distractions for drivers include talking on the phone, texting while driving, using navigation devices, grooming, eating, daydreaming, and talking to passengers.
- Distracted walking – While drivers are supposed to watch out for pedestrians, pedestrians need to remain alert and be sure it’s safe to cross before stepping off the curb into the street. Pedestrians who are distracted by listening to music, talking on the phone, or chatting with friends might wander into the street and into the path of an oncoming car.
- Left-hand turns – Drivers making left turns at an intersection may be looking for approaching cars and overlook pedestrians crossing the road with the light. Drivers need to keep a lookout for pedestrians when waiting to make a turn. It can take a little while for pedestrians to cross an intersection. A driver who is in a hurry may try to make a turn before the pedestrian has made it all the way across.
- Reduced visibility at night – Many pedestrian accidents occur at night. Drivers may not be expecting to see a person on foot in the road at night. Pedestrians who wear dark clothing are even harder to spot. If a pedestrian steps into the road at a dark intersection, an oncoming driver may not see them until it’s too late. Pedestrians should wear bright clothing to make themselves more visible when walking in Lexington at night.
- Impaired driving – Drivers who are under the influence of alcohol or drugs are more likely to fail to see a pedestrian. Their vision and judgment may be impaired. Drunk drivers are more likely to speed, making it harder to avoid hitting people crossing the street. An impaired driver might veer off the street and strike a pedestrian walking on the sidewalk.
- Impaired walking – Pedestrians who are impaired put themselves in serious danger of being hurt in an accident. Impaired pedestrians might cross the street at an improper place, or they may not check for traffic before crossing.
Common Injuries in Pedestrian Accidents
Pedestrians often suffer severe injuries when they’re hit by a car. Some of the most common injuries sustained in pedestrian accidents include:
- Broken bones and fractures
- Damage to joints, muscles, and soft tissues
- Damage to internal organs
- Internal bleeding
- Back injuries
- Spinal cord injuries, including paralysis
- Neck injuries
- Disfigurement
- Traumatic brain injuries
Speak with a Pedestrian Accident Lawyer in Lexington
If you’ve been hurt in a pedestrian accident in Lexington caused by someone’s carelessness, our personal injury lawyers in Lexington can help you pursue the justice and compensation you need to rebuild your life. Our pedestrian accident attorneys can investigate to determine who should pay for your medical bills and gather the evidence needed to support your pedestrian accident claim.
We know the tactics that insurance companies use to diminish accident victims’ claims. We have the Kentucky Courage to stand up to insurance companies and fight for justice and your rights. We’ll be by your side through each step of the claims process.
Contact Morgan, Collins, Yeast & Salyer today to speak with one of our Lexington pedestrian accident lawyers.
