Morrin Law Office

Pedestrian Accident Injury Lawyer in Richmond KY

Every day in Kentucky pedestrians take to the streets, navigating crosswalks and intersections with the belief that drivers will prioritize their safety. Yet far too often negligent driver’s inattention or reckless behavior can ruin that trust and leave pedestrians with severe injuries and life-altering consequences.

The aftermath of a pedestrian accident can be overwhelming with the physical and emotional toll. You may be left financially strained with piling medical bills and lost wages. Depending on your injuries, you may be facing a long and difficult road to recovery. This is where a personal injury attorney can help, acting as your advocate and leading you through the legal complexities while fighting to win you the compensation you deserve.

Morrin Law Firm Can Help

The right attorney will help you understand your legal options and provide help with recovering compensation for your injuries. At Morrin Law Firm, our accident injury attorneys can provide knowledge and guidance for those injured in a pedestrian accident. Our firm is dedicated to protecting our clients’ legal rights and guiding them through this difficult process and recovery. Contact Morrin Law today at (859) 358-0300 and receive a risk-free consultation regarding your personal injury case.

What is Considered a Pedestrian Accident?

In Kentucky, a pedestrian accident is considered any incident involving a collision between a motor vehicle and a pedestrian, that either results in the injury or death of the pedestrian. It can involve a broad range of scenarios where a person on foot is involved in an accident with a vehicle in any of the following places:

  • Sidewalks
  • Parking lots
  • Private driveways
  • Shoulders or side of the road
  • Shared-use paths or trails
  • Rest stops

What Causes Pedestrian Accidents in Richmond, Kentucky?

Pedestrian accidents in Kentucky are commonly caused by negligent or careless drivers who fail to yield to the right-of-way or drive too close to the pedestrian. Some of the most common types of pedestrian accidents include the following:

  • Intersection Accidents – When a pedestrian is crossing at an intersection and a vehicle disregards traffic laws or signals. Collisions with pedestrians can occur when making a turn or running a red light or stop sign.
  • Crosswalk Accidents – When a pedestrian is lawfully crossing the road at a designated crosswalk and the driver fails to yield or fails to see them due to distractions, resulting in a collision.
  • Pedestrian Struck on Sidewalk or Shoulder – When a driver veers off the road due to lack of control, distracted driving, or other reasons and strikes the pedestrian.
  • Reversing Accidents – When a driver reverses their vehicle without noticing a pedestrian walking behind them and causes a collision, usually occurring in parking lots, driveways, or residential areas.
  • Hit and Run – When a driver hits a pedestrian and leaves the scene without providing their information or offering to render aid.

According to the National Safety Council (NSC), there were an estimated 7,668 pedestrian fatalities due to traffic accidents in 2019. In Kentucky’s Transportation Traffic Collision Facts, there were 896 total collisions with pedestrians in 2020. Out of those, 177 resulted in suspected serious injury, and 96 that resulted in death. Additionally, 105 pedestrians were injured due to a hit-and-run accident, and seven pedestrians who died because of a hit-and-run accident.

Pedestrian accidents may additionally be caused by any of the following:

  • Speeding
  • Running a red light
  • Distracted driving
  • Driving into a crowd
  • Texting while driving
  • Illegal passing
  • Poor visibility
  • Driving under the influence
  • Inclement weather

If you were hit and injured by a driver on Richmond roads such as Lancaster Avenue near Eastern Kentucky University, or while walking to a retailer on Main Street, you may have a personal injury claim. The pedestrian accident attorneys at Morrin Law Firm can assess your case, investigate all forms of driver negligence, and work towards receiving the compensation you deserve.

Possible Injuries

Without the same protection as a motor vehicle, pedestrian accidents can result in serious injuries or even death. Any pedestrian who has been hit by a motor vehicle should immediately call for medical help, even if you think you only sustained minor injuries. In some cases, the symptoms from an injury may not arise until hours or days later.

Common pedestrian injuries include the following:

  • Fractures and broken bones – Pedestrians may experience broken limbs, pelvis fractures, or spinal cord fractures.
  • Head or traumatic brain injuries (TBI) – Head injuries such as concussions, contusions, and traumatic brain injuries can cause long-lasting effects on the injured pedestrian’s well-being or cognitive functions.
  • Soft tissue injures – Pedestrians in an accident may experience sprains, strains, or tears in their muscles, ligaments, or tendons. These types of injuries can cause pain, swelling, limited mobility, and require extensive rehabilitation.
  • Back and spinal cord injuries – The force of a pedestrian accident can cause back injuries such as herniated discs, spinal fractures, or damage to the spinal cord. In the most severe cases, it may lead to partial or complete paralysis.
  • Internal injuries – Internal injuries from a pedestrian accident may include internal bleeding, organ damage, or injuries to the chest or abdomen, which would require immediate medical attention.
  • Cuts, lacerations, and bruises – Either from impact with the vehicle or with the ground, the pedestrian may sustain cuts, lacerations, or bruises that may range from minor abrasions to deep cuts that require stitching.
  • Emotional and psychological trauma – A pedestrian involved in an accident may suffer from post-traumatic stress disorder (PTSD), anxiety, depression, or other mental health conditions.

Kentucky’s Right-of-Way Laws

Under Kentucky Statute Section 189.570, pedestrians are required to obey the instruction of any official traffic control devices when they are specifically applicable to them, unless otherwise directed by a law enforcement officer or other official designated person.

At the most fundamental level, pedestrians on foot should remain on the sidewalk whenever possible. According to the Kentucky Transportation Cabinet, if there is no sidewalk or designated walking area, the pedestrian should remain on the shoulder with as much distance from the vehicle lanes as possible.

Kentucky law permits pedestrians to have the right-of-way in the following scenarios:

  • On sidewalks
  • Within any zone marked for pedestrian use
  • On a marked crosswalk or intersection when the traffic light indicates a pedestrian can cross
  • On a marked crosswalk or intersection when the traffic lights are not present or working

Schedule a free consultation with Morrin Law Office to find out more about Kentucky’s right-of-way laws and how to determine fault in a pedestrian accident.

How to Determine Fault

To pursue a personal injury case in Kentucky, you first need to establish fault. That means proving the driver of the motor vehicle caused the accident, and in turn, is responsible for your injuries. A personal injury attorney at Morrin Law Firm can help establish fault by receiving the following evidence from your behalf:

  • Images of videos from the accident scene, including the location and any damages;
  • The accident report given by law enforcement;
  • Your medical records including the injuries and required treatment;
  • Accident witness statements; and
  • Financial documents highlighting the costs and damages caused by the pedestrian accident.

Once your Kentucky personal injury attorney has received evidence to prove the at-fault party’s responsibility, they can then file a claim to recover compensation on your behalf.

Seeking Compensation in Richmond, Kentucky

If you have been injured in a pedestrian accident, you should be entitled to compensation for the related losses. Although each case is different, the following lists the types of compensation you should seek for the losses caused by a pedestrian accident in Kentucky:

  • Medical Expenses – Includes service from an ambulance, emergency room treatment, hospital stay, diagnostic tests, surgery, aftercare, medication, and travel to and from the medical center.
  • Future Medical Expenses – When a pedestrian accident leads to long-lasting injury, the compensation may account for any future medical expenses, such as additional surgeries or ongoing nurse care for permanent conditions.
  • Rehabilitation – Certain injuries from a pedestrian accident may require rehabilitation to rebuild muscles, recover lost functions, and learn how to cope with disabilities.
  • Medical Assistive Devices – Some injuries from a pedestrian accident may require medical assistive devices such as a wheelchair, prosthetics, cane, or walker.
  • Lost Wages – Any work you may have missed due to the accident, or treatment of injury due to the accident, should be covered with compensation. In addition, you may receive additional compensation for any projected future lost wages if your injuries are severe and require a long road to recovery.
  • Property Damage – If any of your belongings or property were damaged in the accident, you may be entitled to compensation.
  • Pain and Suffering – In personal injury claims, the injured party may be awarded compensation for physical, mental, or emotional pain and suffering caused by the accident.
  • Reduced Quality of Life – If the injured person has explicitly lost their previous quality of life due to the injuries sustained in the pedestrian accident, they may receive compensation for it.
  • Punitive Damages – If the person responsible for the pedestrian accident was accused of acting in a negligent or careless manner at the time of the accident, the injured person may also be awarded compensation for the punitive damages.

The amount of compensation you seek from your personal injury claim will be dependent on the extent of your injuries and how they have affected your life. Consult with an experienced personal injury attorney in Richmond, Kentucky to receive a risk-free evaluation on your case.

What to Expect When Filing a Personal Injury Claim

So, you’ve been in a pedestrian accident. After the dust settles and you’ve assessed your injuries and contacted the police, it’s time to file a personal injury claim. It’s important to understand your options and what to expect when filing a claim in Kentucky. Depending on the details of your personal injury case, our attorneys may recommend the following paths to pursue financial recovery:

  • Filing an insurance claim – Morrin Law Firm will file the claim on your behalf with the at-fault party’s insurance company. In addition, we will also work with your insurance company to ensure you receive the maximum compensation. Based on the severity of your injuries, required medical treatment, and future projected losses, our firm will work on securing a settlement fitting your needs.
  • Filing a lawsuit – In some personal injury cases, the insurance company will offer too low of a settlement. In other cases, the at-fault party may refuse to take responsibility for their negligent actions. In these instances, Morrin Law Firm can help file a lawsuit against the at-fault party in court on your behalf. The steps for filing a personal injury claim include:
    1. Gathering evidence to support your claim, which can include any relevant documents to show the driver was at fault for the accident.
    2. Establishing liability with the at-fault party by proving negligence, intentional wrongdoing, or strict liability.
    3. Contact insurance companies for both the at-fault party and for yourself. An experienced personal injury attorney can help make sure your rights are protected and you are not taken advantage of by insurance companies.
    4. Negotiations and settlements with the insurance company or at-fault party. An experienced personal injury attorney can help resolve your case through the negotiation process and determine if the settlement offer is fair and sufficient to your injuries. If the case cannot be settled, it may proceed to litigation and potentially go to trial.

It’s important to remember that each personal injury case is unique, meaning your claim and the possible compensation may vary. Consulting with an attorney who specializes in personal injury law in Richmond, Kentucky, can provide you with tailored advice and guidance based on the specific circumstances of your case.

Insurance and Medical Bills

Typically, in a Kentucky car accident involving two vehicles, each driver’s insurance coverage through their personal injury policy (PIP) covers the first $10,000 in medical bills. After that the insurance companies must determine fault and reimbursement for the injured party. However, it is slightly different for pedestrian accidents.

Under Kentucky’s “choice no-fault” rule, a pedestrian who has been injured by getting hit in a crosswalk or sidewalk can receive the driver’s PIP benefits to cover the first $10,000 in medical expenses. The remaining medical bills and additional losses may be taken out of the driver’s liability policy. We recommend consulting with a personal injury attorney to assess the specific details of your case.

Do I Have to Go to Court?

Not every personal injury case will go to the courtroom. In fact, in most of our cases we seek the injured party’s settlement outside of court. In the rare instances where the insurance settlement is too low or the responsible party refuses to accept responsibility, your case may be required to go to trial. This is why seeking legal representation is especially important. You want a strong legal team on your side to represent you and your personal injury case. The attorneys at Morrin Law Firm are knowledgeable and experienced in the field of litigation and can answer any questions or concerns you may have during a risk-free consultation.

Kentucky Statute of Limitations

An important aspect of filing a personal injury claim is being aware of the State’s Statute of Limitations. Under Kentucky Statute Section 413.125, if a vehicle is in use and someone is hurt—even if it only involves one vehicle and one pedestrian—the statute of limitations for filing a personal injury claim in Richmond is two years from the date of the accident or determined injury.

However, Morrin Law Firm stresses that waiting to file a personal injury claim is the worst thing you can do for your case. Although the statute allows for two years, waiting that long can result in the claim getting barred and the injured person unable to receive any compensation. If you are injured in a pedestrian accident in Kentucky, contact a personal injury attorney as soon as possible to discuss the process of filing a claim for your deserved compensation.

Contact a Pedestrian Accident Attorney in Richmond, Kentucky

When the streets turn dangerous and your life takes an unexpected turn, remember that you are not alone. A pedestrian accident injury attorney in Richmond, Kentucky is ready to stand by your side throughout the entire process. From gathering crucial evidence, interviewing witnesses, negotiating with insurance companies, to possibly litigation in court, Morrin Law is here for you. We represent those needing legal representation in Bowling Green, Covington, Georgetown, and Lexington. Contact our office today at (859) 358-0300 and receive a risk-free consultation regarding your case.