Morrin Law Office

Pedestrian Accident Injury Lawyer in Richmond KY

People crossing the street or walking down the sidewalk rely on motorists to follow the rules of the road. The Kentucky Motor Vehicle Reparations Act defines “pedestrian” as “any person who is not making ‘use of a motor vehicle’ at the time of his injury.” When drivers fail to pay attention or they don’t drive responsibly, pedestrians are put at risk and can be severely injured. A pedestrian accident can change your life forever, cause you to be unable to work, and without the right representation, you could be left paying for the costs of your injuries out of your own pocket.

Our Kentucky accident injury professionals provide knowledgeable guidance for people who were injured in a pedestrian accident. We are dedicated to protecting our clients’ legal rights and guiding them through this difficult process and recovery. At the Morrin Law Office, a pedestrian accident injury lawyer in Richmond, KY is ready to guide you through your recovery while protecting your rights under the laws of Kentucky.

What to Expect When You File a Personal Injury Claim

The right Kentucky injury lawyer will help you understand your legal options when you’ve suffered painful injuries after a pedestrian accident, like being hit in a crosswalk or struck by a vehicle on the sidewalk. Our injury lawyer may recommend the following pathways when you pursue financial recovery:

  • Filing an insurance claim. We will file a claim on your behalf with the at-fault party’s auto insurance company while also working with your insurance company to maximize your financial benefit. We will negotiate a settlement based on your symptoms, medical treatment and the cost of treatment needed, the need for future medical treatment, and any permanent impairment or scars.
  • Filing a lawsuit: If for some reason the insurance company is offering too low of a settlement or the driver is not willing to accept responsibility, we will file a lawsuit on your behalf against the at-fault party in court.

The Morrin Law Office will handle your personal injury claim with sensitivity and promptness. We offer professional guidance for your recovery after a serious pedestrian accident; guidance through the various insurance red tape, guidance to proper medical care and the best professionals to maximize your medical recovery, and guidance through the legal process when absolutely necessary. We offer free consultations to anyone who has been hurt in a pedestrian accident. During your risk-free consultation we will listen to your story, answer any pressing questions, explain your options, and provide our opinion regarding your next best steps.

Whose Insurance Pays Medical Bills After Your Pedestrian Accident Injury

In a car accident involving two vehicles each driver’s insurance coverage pays the first $10,000 in medical bills and then the insurance companies sort out fault later with the at-fault driver’s insurance company reimbursing the other insurance company for those payments.

A pedestrian normally doesn’t have applicable PIP insurance because that usually only kicks in when they are using a vehicle. Because of this, if you are hit by a vehicle in a crosswalk or on the sidewalk then that driver’s insurance will pay your first $10,000 in medical bills from the basic reparations policy and the rest of your bills and pain and suffering out of their liability policy.

Types of Compensation You Could Seek for Your Losses in Kentucky

Types of Compensation You Could Seek for Your Losses in Kentucky

  • Expenses for medical treatment and medications you need after the accident and in the future
  • Lost wages due to your treatment and injuries
  • Property damage caused by the accident
  • Pain and suffering

In general, the amount you may seek in a pedestrian accident case will depend on the severity of your injuries and the extent to which they’ve affected your life. Our professionals can provide a general estimate or at least let you know what our estimate will be based on.

Proving Fault for Your Pedestrian Accident and Injury in Richmond, KY

To pursue your case, we will need to show the driver of the truck or car was at fault for the accident—and therefore, responsible for your injuries. To do so, your attorney from the Morrin Law Office will seek the following evidence from the accident:

  • Pictures or videos of the accident scene, including location and damages
  • The police accident report
  • Your medical history and records of injuries and treatment
  • Any accident witness statements
  • Documents and bills demonstrating your costs and damages

Your Kentucky accident lawyer will likely use additional sources of evidence to build the strongest case possible. Then, they will file claims with all liable insurance policies in your case.

Will I Have to Go to Court?

In most cases, we can seek a settlement out of court. However, in the rare case that the driver’s insurance company will not agree to a fair settlement, it may be advisable to go to trial. In this case, a pedestrian accident attorney from our office will be by your side to guide you through the litigation process and fight for your fair day in court.

The Statute of Limitations in Kentucky

After a pedestrian accident in Kentucky, you have two years to either settle your claim with the driver’s insurance company or file a lawsuit against the at-fault party. This is why it can be important to contact our office as soon as possible to ensure you do not miss your deadline. Your two year deadline to file your lawsuite will begin anew with each basic benefits reparations payment issued.

There are some exceptions to this rule with the most common being a pedestrian who is under eighteen and a minor. If a minor is hit by a car and injured then their statute of limitations does not begin to start until their eighteenth birthday.

Understanding Kentucky Right-of-Way Laws

Right-of-way laws can be complex and tend to vary from location to location. Knowing how these laws work is very important if you’ve been in a pedestrian accident because these laws help insurance companies, judges, and juries determine who was at fault.

In Kentucky, some situations allow the right-of-way to both pedestrians and drivers. At the most fundamental level, people on foot are supposed to remain on sidewalks whenever they are available. If there is no available sidewalk, pedestrians should stay on the shoulder of the road but maintain as much distance as possible from the lane lines, according to the Kentucky Transportation Cabinet.

Pedestrians generally have the right of way in Kentucky in the following situations:

  • On sidewalks
  • Within any safety zone that is marked for pedestrian use
  • On a marked crosswalk or intersection when traffic lights indicate that a pedestrian may cross
  • On a marked crosswalk or intersection when traffic lights are not present or not working

The laws governing right of way between a pedestrian and a vehicle are complex. If you are unsure about fault then schedule a free consultation with our office to discuss the matter further.

Common Causes of Pedestrian Accidents in Kentucky

Pedestrian accidents may be more common than you think, unfortunately. According to the National Safety Council (NSC), around 7,668 pedestrians died in traffic and non-traffic accidents in 2019. Non-traffic accidents are those that occur on private property such as parking lots and driveways.

Typically, pedestrian accidents are caused by careless or negligent drivers who fail to yield the right-of-way or who drive too close to a pedestrian. Pedestrian accidents may be caused by:

  • Speeding
  • Running a red light
  • Distracted driving
  • Driving into a crowd
  • Cell phone use
  • Illegal passing
  • Poor visibility
  • Drunk driving
  • Inclement weather

Whether you were hit by a driver on Lancaster Avenue near Eastern Kentucky University or while walking to a retailer on Main Street, we can help show how your accident happened.

Our pedestrian accident lawyer serving Richmond will investigate all forms of driver negligence that could have caused your pedestrian accident.

Where Do Pedestrian Accidents and Injuries Occur in Richmond, KY?

A pedestrian accident is one in which a motor vehicle or bicycle collides with a person who is on foot. Many urban pedestrian accidents happen at intersections, but they can happen in other locations, including:

  • Sidewalks
  • Parking lots
  • Private driveways
  • Roadsides or shoulders
  • Shared-use trails or paths
  • Rest stops

Common Pedestrian Injuries

When a pedestrian is hit by a motor vehicle, the injuries can be serious and even life-threatening. Medical advice should be sought immediately, even if you think your injuries are minor. Sometimes symptoms only arise several hours after an accident. Common pedestrian injuries include:

  • Traumatic brain injuries: These types of injuries include those to the head and brain, such as concussion, fractured skull, hemorrhage, brain contusions, and penetrating brain injuries.
  • Spinal cord injury: Many pedestrians incur spinal cord injuries each year due to car collisions. Any injury to the spine is serious and can lead to paralysis or death. This type of injury is often life-altering and can require long-term care.
  • Broken and fractured bones: Fractured legs, hands, arms, shoulders, and back are frequent injuries in pedestrian accidents. More serious bone breaks can also occur, such as when the broken bone punctures the skin. This type of injury can be very painful and may cause long-term disability. In severe cases, amputation may be necessary.
  • Soft tissue damage: This type of injury covers sprains, strains, lacerations, tears, dislocations, burns, and contusions. Although these injuries generally heal faster than other types, they can leave lasting scars and disfigurations.

The Morrin Law Office Is Here to Help

If you or a family member was injured in a pedestrian accident, you should seek help from our pedestrian accident and injury attorney in Richmond, KY. We are dedicated to protecting your legal rights, fighting for your case, and seeking the settlement you deserve. We will be there every step of the way to answer all your questions and represent you through negotiations and at trial, if necessary. All you have to do is focus on your treatment and recovery.

Call us today at (859) 358-0300 for a free consultation to discuss how we can add value to your recovery.