Representing pedestrians takes an experienced attorney who can be on the scene immediately following the accident. Witnesses are crucial if they can be located since often the pedestrian is severely injured and unable to speak while the motorist denies liability. Our law firm has represented thousands of pedestrians injured by vehicles on the road.
Our firm represented a gentleman who sustained fractures throughout his body, including his right ankle with a total of medical bills of $86,000 after being hospitalized for approximately twenty days followed by extensive rehabilitation. We obtained bodycam footage from the vehicle that struck him proving that our client was on her side of the road when she was crossing and the other vehicle crossed over and struck her, knocking her to the ground. While the driver of the vehicle denied liability and said it was not their fault the video proved he was at fault. After our investigation we obtained maximum recovery for our client with all insurance available after threatening to file suit in Logan Circuit Court. You will see below a photo of the road where she was hit close to her home.
Are Pedestrian Accidents Common?
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.
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.
We Can Help
Our law firm has represented thousands of pedestrians injured in collisions. We go to the scene immediately to obtain any witnesses that may have seen the pedestrian injured along with a statement from the driver of the vehicle that hit the pedestrian. We also take photographs of the scene where the pedestrian was hit and photographs of our client who often has bruises and cuts throughout their body. Having an attorney who is local and can be on the scene immediately with a 24 hour call service is crucial. The most important is the experience that Flora Templeton Stuart Accident Injury Lawyers has with over 47 years of representation.
