Kentucky Attorneys for Pedestrians Injured by Drivers

While pedestrian related accidents account for under five percent of collisions in Kentucky they are far more often fatal than other types of collisions.  This is because the pedestrian has no protection when they are struck or run over by a vehicle.  These cases, while not as common as other vehicle accidents are much more likely to be catastrophic or fatal.  According to the National Highway Traffic Safety Administration (NHTSA) in 2020 6,516 pedestrians were killed on our nation’s highways with 55,000 pedestrians injured nationwide.  (Insert link:Floraslaw@florastuart.com)

What Injuries Are Unique to Pedestrians Hit By a Vehicle

Injuries for pedestrians hit by vehicles are not only devastating, but often include:

• Road rash when the body scrapes against the road
• Traumatic Brain Injury when the head hits the ground
• Lacerations when the body hits the ground
• Loss of life – fatality is much more common when a vehicle hits a pedestrian than another vehicle.
• Spinal cord injuries – neck and back are particular injuries in these cases
• Severe burns – this is unique to pedestrians hit by vehicles
• Broken bones – this is probably the most common injury sustained by a pedestrian hitting the ground their bones break or are crushed by the weight of the vehicle or the pavement

Pedestrians are often taken by ambulance when injured and hospitalized with extensive rehabilitation if they survive. Often their quality of life may never return as it once was before the collision.

What Are Common Causes of Pedestrian Collisions?

Pedestrian accidents are somewhat unique in the causation as they are not operating a vehicle.  Some of the most common causes of pedestrian accidents are when they are crossing the road or walking along side the road and can be caused by:

• Vehicle fails to yield the right of way and turns into the road
• Vehicle is blocked by a tree or other object and goes forward and hits the pedestrian
• Driver is reckless, speeding or even intoxicated
• Driver is distracted with cell phone use or other types of distractions
• Driver fails to stop at a stop sign or violates other traffic regulations
• Driver is simply looking forward, focusing on traffic and not watching out for pedestrians
• Driver is in a parking lot where pedestrians are often walking back and forth

What Insurance Company Pays a Pedestrian Who is Injured in an Accident?

These cases are unique because the pedestrian is not in a vehicle so the personal injury protection coverage which pays medical expenses, lost wages, rehabilitation and other benefits is paid by the vehicle that hit the pedestrian.  In the event that the vehicle that hit the pedestrian has no insurance, if the pedestrian owns a vehicle they can collect from their own insurance company on uninsured motorist coverage or if they are a member of the household with a vehicle coverage can be afforded from the household vehicle.  In general, pedestrians collect from:

• PIP from vehicle that hit them
• Uninsured motorist coverage if the vehicle that hit them was not covered by insurance and their own vehicle or a vehicle owned by a member of the same household has uninsured coverage
• Insurance company for the vehicle that hit them for liability and PIP coverage
• Underinsured Motorist coverage for extra coverage to pay for the injuries sustained by the pedestrian from pedestrian’s own vehicle insurance policy or a vehicle in the household of the pedestrian

These are the primary insurance coverages that the pedestrian could collect from in this type of accident.