Pedestrian Accident Lawyers
Kentucky’s moderate climate makes it the perfect place for residents to enjoy a leisurely walk around their neighborhood, go for a run, walk to and from school, or walk to and from work. Yet pedestrians risk injury from negligent motorists each time they take a step.
In fact, the National Highway Transportation Safety Administration (NHTSA) estimates more than 6,000 pedestrians die in traffic accidents each year across the United States, averaging approximately one fatality every 88 minutes. This doesn’t include the tens of thousands of pedestrians who suffer through accident injuries, some of which have lifelong effects. In Kentucky, the number of pedestrian accidents has risen from 936 to 1,099 in recent years.
Pedestrian accidents are often more dangerous and more likely to be fatal than other types of traffic accidents because victims don’t have any protection between their bodies and the road or the vehicle that hits them.
Pedestrians who jaywalk can put themselves at risk of a traffic accident. More often than not, however, pedestrian accidents happen because careless motorists fail to put safety first when driving in areas where they should expect to encounter pedestrians.
If you or your child has suffered injuries in a collision with a motor vehicle while walking or running, Kentucky law may entitle you to seek compensation for damages related to your injuries in civil court. Contact an experienced personal injury lawyer at The Law Firm of Flora Templeton Stuart to discuss your accident and injuries, determine the viability of your claim, and learn about the best path forward for your individual circumstances. We represent pedestrian accident victims throughout Kentucky. Call us today at (888) 782-9090 for a free case evaluation.
Steps We Take To Get You A Top Settlement
Flora Templeton Stuart’s Commitment to Getting Results for Clients
The dedicated legal team at The Law Firm of Flora Templeton Stuart has represented accident victims for more than 40 years. The firm’s steadfast commitment to professional excellence, advocacy, and client service has resulted in the recovery of tens of millions of dollars in court awards and settlements for clients. The firm handles a wide variety of accident injury cases, including those involving pedestrians.
Some recent case examples include a range of settlements and verdicts, such as:
- $1.65 million after negligent trucker ran a stoplight, causing an accident that led to our client suffering broken legs
- $1.5 million for a client who suffered a traumatic brain injury after an accident involving a semi-truck
- $1.45 million for a family who lost their child after a motorist struck the child on the side of the road
- $1.05 million for a client who was struck by a large truck and suffered injuries resulting in a permanent limp
These recent cases are only examples and do not guarantee a specific outcome for your case. Each accident injury claim has distinctive factors that can add to or detract from the value of a claim, making it difficult to predict an outcome. However, clients can always rest assured that the skilled pedestrian accident lawyers at The Law Firm of Flora Templeton Stuart have the experience and passion to build the strongest case possible on their behalf.
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“We Have Recovered Millions of Dollars for Our Clients”
“I could call and talk to Flora… her staff was great. I never had to worry. They would always ease my tension”.
“She made sure my medical expenses were taken care of… that I had a great medical team to help me heal”.
“It was like talking to your family. My wife and I both grinned… we never had to worry after that”.
Many Scenarios Can Lead to a Dangerous Pedestrian Accident
A wide variety of situations can lead to a severe, sometimes fatal, pedestrian accident. Some of the most common causes of pedestrian-involved traffic accidents in Kentucky include:
Drunk or Drugged Driving
Consuming alcohol and/or drugs before getting behind the wheel impairs drivers and prevents them from reacting appropriately to driving scenarios. The NHTSA reports that drivers impaired by a 0.08 blood alcohol level have poor muscle coordination that can impact speech, vision, hearing, and reaction time. Additionally, alcohol impacts concentration, speed control, and the ability to process information. A drunk driver might see a pedestrian and still lack the reflexes and muscle coordination to stop in time to avoid a collision.
Prescription drugs can have similar effects on a driver’s ability to avoid colliding with a pedestrian. So, too, can marijuana, and with recreational use legal in the border state of Illinois but not in Kentucky, impaired drivers on their way home from a cannabis tourism trip might lack the reaction time to stop before hitting you when you are legally crossing the street.
Failure to Yield to Pedestrians
In Kentucky and across the nation, licensed drivers have a duty to exercise care when driving anywhere near pedestrians. Most pedestrian accidents happen because motorists breach this duty and fail to yield to pedestrians, such as when someone walks or runs across the street (whether inside or outside of a crosswalk). Drivers might not see a pedestrian, or they may simply choose to keep driving and hope the pedestrian stops for them. In either case, the failure to yield can easily lead to a dangerous, sometimes deadly, collision.
Driving While Distracted
In some pedestrian accidents, driver distractions lead to a driver failing to stop for a pedestrian. The increased use of cell phones has contributed to more and more of these types of accidents. The toll of distracted driving has become too large to ignore. Lawmakers across the nation have finally begun to focus their attention preventing texting and driving, passing laws that impose fines and stiff penalties for drivers who text-and-drive.
Still, cell phones do not constitute the sole means by which a driver can get distracted. Plenty of other distractions can cause a driver to not see a pedestrian right in front of them, including:
- Adjusting controls on the vehicle for the radio, heat, A/C, and seats
- Drinking and eating while driving
- Reaching for items on the floor or in the backseat
- Conversing with or helping backseat passengers, which is common with small children in the vehicle
- Having heated discussions or arguments with passengers
- Brushing hair, putting on makeup, and other personal grooming habits
- Watching an event outside of the vehicle
- Daydreaming and a general lack of focus
Drivers who engage in any activity that takes their hands off the wheel, their eyes away from the road, or their minds off of driving, commit the dangerous mistake of driving while distracted. This choice can lead to treacherous traffic accidents that put pedestrians in harm’s way.
Fatigued Driving
You might not think of driving while drowsy or fatigued as a dangerous practice, but the Federal Motor Carrier Safety Administration (FMCSA) says otherwise. The agency’s research concerning the relationship between sleep and driving has found that 18 hours without sleep impairs a driver to the same level as a 0.08 breath alcohol level.
Commercial truck drivers with demanding schedules as well as shift workers and other drivers who have spread themselves too thin risk causing a pedestrian accident if they fall asleep at the wheel. Drivers who have untreated sleep problems, general poor health, and improperly use medication also are at risk for fatigued or drowsy driving.
Careless Driving
Multiple driver actions fall under the category of careless driving, but each stems from a driver’s disregard for traffic regulations and for the safety of others who share the road. Careless motorists who travel too fast for conditions, travel significantly over the posted speed limit, aggressively change lanes, and don’t follow most traffic regulations, risk hitting a pedestrian and causing severe, potentially catastrophic or deadly injuries.
Pedestrians often don’t have the chance to get out of the way of a careless driver before avoid getting hit. Careless drivers often fail to pay attention to all the information around them when they drive, which risks not seeing pedestrians before it is too late. Even a careless or reckless driver who sees a pedestrian may lack the reflexes to avoid a collision.
Poorly Maintained Roads
Most Kentucky pedestrians don’t have to worry about poorly maintained roads causing an accident, yet sometimes bad roads can lead to an accident. If streets in busy cities like Lexington and Lousiville have potholes, a pedestrian can trip when crossing the road and suffer injuries, particularly if a vehicle cannot avoid a collision.
Other issues that fall under the umbrella of poorly maintained roads include broken traffic lights, broken signs, missing signs, and malfunctioning signals. Issues with signs and signals can cause a pedestrian accident when drivers fail to stop or slow down. Pedestrians always have the right of way to a motor vehicle, but only properly-working signs and signals can protect pedestrians at blind intersections.
Defective Motor Vehicles
Automobile defects and auto part defects can cause severe traffic accidents, sometimes involving pedestrians. Automobile and auto part manufacturers don’t typically put defective merchandise on the market on purpose. Nevertheless, they have a responsibility to ensure that their products are safe for use.
When defects occur during the design or manufacturing phase of a car or car part, companies sometimes don’t find out about the defect until traffic accidents occur and cause severe injuries or fatalities. Defective tires can lead to blowouts that cause drivers to lose control. Defective brakes can cause a loss of control. These are only two examples of defects that can lead to a pedestrian accident.
Kentucky Pedestrian Accident Statistics
Covered On This Page
Our team has a five-step process for collecting vehicle accident compensation for victims of car collisions. We’ll investigate your case, open claims with your health insurance provider, collect your medical records and refer you to great doctors, set up annuities and college funds for injured children, and negotiate for the settlement you deserve.
- Medical expenses, past and future
- Disfigurement, loss of limb, permanent scarring
- Lost wages
- Lose love, companionship, and guidance
- Disability costs or live-in care
- Physical pain and emotional suffering
- Lost capacity to earn
Recouping Losses After a Kentucky Pedestrian Accident
Suffering injuries in a Kentucky pedestrian accident caused by another party typically gives you the right to file a lawsuit seeking compensation for losses related to your injuries. If the court rules in your favor or you reach a settlement agreement before trial, you may receive compensation for many different “economic” and “non-economic” losses.
Each case is different, but some of the most common losses you may recoup after a Kentucky pedestrian accident include:
- Medical expenses such as ambulance service, emergency room treatment, hospital stay, diagnostic tests, surgery, aftercare, medication, and travel to and from the doctor or hospital
- Future medical expenses when a pedestrian accident leads to a severe or catastrophic injury requiring one or more surgeries, a long recovery time, or ongoing nursing care because of a permanent condition or disability
- Rehabilitation expenses for visits to specialists that help accident victims rebuild muscle, recovery lost function, and learn how to cope with disabilities, including physical therapists, occupational therapists, and mental health services
- Costs for assistive devices like wheelchairs, canes, walkers, and prosthetic devices
- Lost wages for missing work because of the accident, injury, treatment, and recovery
- Lost future wages when a pedestrian accident causes injuries so severe that a victim cannot return to work or seek other employment in the future
- Compensation for physical and emotional pain and suffering
- Compensation for reduced quality of life
- Compensation for loss of consortium with a spouse
- Scarring and disfigurement
- Other non-economic losses that might apply to your particular circumstances
- Punitive damages in rare cases involving gross negligence or wanton harm
If you lost a child or other loved one as a result of a pedestrian accident, you might qualify for compensation from a wrongful death lawsuit depending on your relationship with the deceased. Kentucky law permits eligible family members to take legal action and recover some of the above damages in addition to visitation and funeral or memorial service expenses. Cremation or burial expenses are also typically part of a wrongful death claim. We can help determine your eligibility and answer specific questions about what losses you can recover.
In addition, you may have personal injury protection insurance. If so, in Kentucky, that means you will need to first seek compensation from your own insurance company before going up against the at-fault driver—unless your medical bills exceed $1,000, you break a bone, or suffer permanent injury or death. You may need help filing a claim against your own policy, since it is no more likely to want to pay out on your claim than another driver’s insurance company.
Contact The Law Firm of Flora Templeton Stuart After a Kentucky Pedestrian Accident
The knowledgeable pedestrian accident attorneys at The Law Firm of Flora Stuart Templeton understand the challenges you face in the wake of a pedestrian accident. Our firm has years of experience holding at-fault parties accountable for causing harm to innocent victims like you. We have the resources and know-how to handle every aspect of our clients’ personal injury cases, so that they can focus on recovering their health and wellbeing.
If you have suffered injuries in a Kentucky pedestrian accident through no fault of your own, you deserve full and fair compensation. Contact The Law Firm of Flora Templeton Stuart online or at (888) 782-9090 for a free, confidential, no-obligation consultation to discuss the details of your case and determine the best path forward for your individual circumstances. We take personal injury cases on a contingency fee basis, collecting our fees only when our clients receive compensation from a settlement or jury award.
Covered On This Page
Several types of insurance coverage that will pay if you’re injured in an automobile collision:
Personal Injury Protection: The vehicle you are in is the primary coverage for payment of Personal Injury Protection (PIP) in Kentucky. PIP has minimal limits of $10,000 and pays medical expenses, lost income, home care, and even a portion of funeral expenses. Kentucky automobile accident lawyers reserve these benefits so medical bills and lost wages will get paid. PIP is repaid by the party at fault.
Liability: The at-fault driver pays for injuries caused to another through their liability policy, which in Kentucky has a minimum policy of $25,000 per person / $50,000 per accident and a maximum can be in the millions with a commercial insurance policy.
Uninsured Motorist: If the driver at fault did not have insurance you can collect on your uninsured motorist’s coverage on your own insurance policy.
Underinsured Motorist: If the at-fault driver of the vehicle had insurance but not enough or your injuries are greater than that amount you can collect on underinsured motorists. Flora Templeton Stuart will make sure all underinsured policies are uncovered for maximum recovery.
Negligence in car accidents typically involves a driver failing to exercise reasonable care. As Kentucky car crash lawyers, before we can take action against the liable party, we need to prove that their negligence led to the accident. We do this by establishing the following elements of negligence:
Duty of care: The at-fault party had a responsibility to keep you safe by following all traffic laws.
Breach of duty: The at-fault party breached their duty of care, instead acting negligently.
Causation: The at-fault party’s actions or inactions caused you to suffer an accident and injuries.
Damages: You suffered damages, such as pain and suffering and property damage, because of the at-fault party’s negligence.
Our team will gather evidence to prove negligence, including police reports, witness statements, and surveillance footage.
Under the “no-fault” car insurance system in Kentucky, drivers are required to carry a minimum of $10,000 in Personal Injury Protection (PIP) insurance. Regardless of who causes the accident, PIP covers medical expenses and lost wages. However, if you’re in an accident, you can opt out of the no-fault system to pursue auto injury claims against the at-fault driver and possibly receive more vehicle accident compensation.
Statute of Limitations in Kentucky and Tennessee
In vehicle accidents, there is a limited amount of time to sue. In Kentucky, you have two years after the wreck to sue which can be extended with PIP benefits being paid, as per Ky. Rev. Stat. § 304.39-230(6). In Tennessee, you only have one year to file an auto accident lawsuit. Time limits for minors start when they turn 18. The Statute of Limitations for Wrongful Death cases is governed by KRS 413.140.
Frequently Asked Questions
Why Hire Flora Templeton Stuart Accident Injury Lawyers?
With over forty-seven years of representing clients in Kentucky & Tennessee, our personal injury lawyers are dedicated to obtaining justice for our injured clients. With local attorneys, right here in your community, we provide personal representation with our top attorneys, Flora and Kent. We meet with our clients to explain the entire process, leave no stone unturned with an extensive investigation to include our experts, and will refer our clients to excellent physicians. We take on the insurance company to obtain a maximum settlement. We can come to you and with offices close by we can travel to our injured clients when they cannot come to us. We treat our clients like family.
How do I pay for you to represent me?
Flora Templeton Accident Injury Lawyers we work on a contingency fee so you won’t pay us unless we win your case. We pay all costs of the case and are not reimbursed unless we collect money for you. you can call us for free, even on weekends with no obligation.
What type of cases do you handle?
We handle all car and truck accidents including commercial trucks, motorcycle accidents, pedestrian accidents, bus accidents, bicycle accidents, drunk driving accidents, work injuries, slip and falls, dog bites, and more. When a loved one has died in a personal injury accident we handle the wrongful death claim to obtain a recovery for the family to get the justice they deserve. Go to our personal injury overview link for more personal injury cases that we handle. since we concentrate our entire practice on personal injury law we are experienced in these areas of practice.
How do I know if I have a case?
Our lawyers will accept a case where we know we can help. You can call us 24/7 for a free consultation and our experienced attorneys will evaluate your injury case without charge. Our attorneys have never represented insurance companies or corporations. We can focus one hundred percent of our practice on helping the injured. Call us today for your free case evaluation. While we cannot guarantee the amount of recovery when you call we can and will give you an evaluation of how we will do everything to collect a maximum settlement.
