Louisville Pedestrian Accident Lawyers
If you suffered catastrophic injuries in a pedestrian accident in the greater Louisville area, contact the experienced personal injury lawyers of Becker Law Office for help right away. A pedestrian accident can happen anywhere in Louisville— at intersections, on sidewalks, in parking lots, or driveways. When they do occur, pedestrians have no protection. These collisions can lead to devastating injuries to the victim.
Our Louisville attorneys understand the stress and financial strain that accident victims are forced to endure after a pedestrian accident. You may be worried about how you will pay for the costly medical treatment of your injuries. You may find yourself out of work for an indefinite period of time and unpaid bills accumulating. That’s why we work so hard to get our clients full financial compensation to pay their bills and move on from the accident.
Compensation for Injuries Incurred from A Pedestrian Accident
We also know that a catastrophic accident can change a victim’s life forever. In some cases, families may lose a loved one in a tragic accident that could have been avoided. For those whose lives have been forever altered, we’ll work to get answers, accountability, and full compensation from the party or parties responsible.
The attorneys at Becker Law Office have been helping people in Louisville and the surrounding communities recover just compensation after serious accidents for more than a quarter century. We have the experience to make a difference if you or someone you love was hurt in a pedestrian accident. Call (502) 581-1122 or contact us online to receive a free consultation to discuss your case today.
Causes of Pedestrian Accidents in Louisville
There are a number of common situations in which pedestrians are at risk of being hit by a car, truck, or other vehicles. Some of the most common include:
- Distracted Driving Accidents —Drivers who take their eyes off the road for even a moment can easily miss a pedestrian in their vicinity. Talking on a cell phone and texting are common distractions. Other distractions include eating, drinking, adjusting a navigation system, adjusting climate controls or car stereos, applying makeup, and talking to other passengers. A distracted driver may be held liable for causing an accident and injuring a person on foot.
- Drunk or Drugged Driving Accidents — Driving under the influence (DUI) is a criminal offense in Kentucky. Impaired drivers are typically intoxicated by alcohol. However, a DUI offense can include any substance that impairs driving ability, such as illegal drugs, prescription drugs, over-the-counter medications, or inhalants such as spray paint, glue, or gasoline. A driver who is not convicted of a drunk or drugged driving crime may still be held liable in a pedestrian accident lawsuit because the civil lawsuit would be completely separate from the criminal case.
- Right Turn Accidents — When approaching intersections, drivers should be alert for approaching pedestrians. A right-turn accident usually occurs when a driver turns into a pedestrian who is crossing an intersection while the vehicle and the pedestrian are traveling in the same direction.
- Failure to Yield Accidents — Violations at traffic lights or signs can involve a driver’s failure to recognize a pedestrian’s right of way. Kentucky pedestrian law requires motorists in Louisville to yield to pedestrians in a crosswalk. Pedestrians who have already begun lawfully crossing streets can be seriously injured in collisions if a driver fails to yield. Kentucky law requires drivers to yield to blind pedestrians who are walking with a white cane or being guided by a service dog.
- Improper Lane Use — Most pedestrians are on sidewalks, but certain areas of Kentucky may force them to use the right side of the road. Drivers who do not stay in their lane and drive with caution near pedestrians could cause a severe injury accident.
- Speeding –A driver who is speeding may not have enough time to see or stop for a pedestrian in a crosswalk or at a stop sign. Speeding drivers could also lose control of their vehicles and hit pedestrians on the sidewalk.
- Inclement Weather — Kentucky experiences a wide variety of weather conditions during the year. Heavy rain or other adverse weather reduces visibility and adversely affect the control drivers have over their vehicles. Many drivers who cause accidents in these conditions will blame the weather. But drivers are responsible for adjusting their driving for weather conditions and slowing down when necessary to make sure that they are operating as safely as possible.
Not all pedestrian accidents involve automobiles. Some accidents could be caused by specific hazards around areas of property used by pedestrians. Property owners must make sure walkways and common areas are safe for pedestrians. Falling objects, potholes, or stray wires could make property owners liable for certain pedestrian accidents.
Common Injuries Suffered by Pedestrians
Pedestrians do not have protection when struck by a moving vehicle. As a result, the injuries suffered in a pedestrian accident can be quite extensive.
Many victims will face weeks, months, or even years of recovery. Some people will never be able to recover from their injuries fully.
Examples of typical injuries that pedestrians can sustain include:
- Bone fractures
- Nerve damage
- Muscle strains
- Neck injuries
- Spinal cord injuries
- Traumatic brain injuries (TBIs)
- Internal organ injuries
Most pedestrians are inclined to believe that they were the apparent victims in these accidents and an insurance company for a negligent motorist will be obligated to take care of all the damages they have sustained. In truth, most insurers will desperately try to find any way to attribute the cause of an accident to the pedestrians themselves.
Kentucky Pedestrian Laws
Kentucky Revised Statute § 413.140(1)(a) establishes that a personal injury claim must be commenced within one year of the date of the pedestrian accident. That makes it critically important to contact an attorney as soon as possible after a serious pedestrian accident. The statute of limitations may be delayed when the victim is a minor. In such cases, the minor will have until one year after the date of his or her 18th birthday to do so.
Most pedestrian accident cases are resolved through insurance settlements. Some cases do go to trial. If a victim proves their case by a preponderance of the evidence, the jury can award compensatory damages, which are usually a combination of economic damages and noneconomic damages.
Economic damages refer to actual monetary losses a victim has incurred or will incur such as medical expenses, lost income or property damage. Noneconomic damages include pain and suffering, emotional distress, or loss of consortium.
Kentucky is one of only 12 states in the nation that uses a pure comparative fault system for negligence claims, which means that a person can technically recover compensation from a defendant even when the person suing was primarily the party at fault for the accident. However, the percentage of fault will reduce an injury victim’s award. In other words, a person awarded $100,000 but found to be 30 percent at fault would have the award reduced by $30,000 and ultimately receive $70,000.
What to Do If You Are Injured in A Pedestrian Accident in Louisville
If you have been involved in a pedestrian accident, you need to make getting medical attention your first priority. This is true even if you do not think you were injured. Some injuries involve delayed symptoms. You want to have a medical record created right away linking your injuries to a recent accident. That can help prevent an insurance company from taking issue with a delay in treatment.
Contact a local law enforcement agency and report the pedestrian accident. Do this even if the other party objects. Police accident reports can be extremely valuable for your pedestrian injury claim.
If you are physically able to do so, take photographs of the accident scene from different distances and angles and take photos of your injuries. If you are unable, ask someone else to take photos. Photos can provide helpful evidence as part of a pedestrian accident claim. You can never have too many pictures.
Get the names and phone numbers of any witnesses to the pedestrian accident.
Be Aware of Insurance Companies Dirty Tricks
An insurance company representing the driver who caused the accident may contact you soon after your accident. You should decline an invitation to provide a recorded statement to an insurer.
An insurance company adjuster may ask you to recall the accident and coax you into admitting some error on your part to justify denial of your claim. Insurers may offer you a lump sum settlement to resolve your case. But the amount offered is almost always a fraction of the value of the claim.
Becker Law Office uses a unique two-firm approach to serve pedestrian accident victims. Our attorneys are skilled negotiators and try to achieve a fair and full insurance settlement. When an insurance company refuses to agree to a satisfactory settlement, the experienced trial attorneys at Bubalo Law PLC will pursue justice in court. Our clients have access to both skilled negotiators and experienced trial attorneys.
Contact Our Louisville Pedestrian Accident Law Firm Today
Did you sustain serious injuries or was your loved one killed in a pedestrian accident in Louisville or a surrounding area of Kentucky? Do not wait to contact Becker Law Office today.
Becker Law Office is a member of the Multi-Million Dollar Advocates Forum and the Million Dollar Advocates Forum. Our firm has received an A+ rating from the Better Business Bureau. We can provide a complete evaluation of your case as soon as you call (502) 581-1122 or contact us online to take advantage of a free consultation.