If you or someone you love was struck by a car, you may be dealing with a long list of medical bills, lost wages, and disruptions to daily life—or mourning the passing of a loved one.
In these darkest moments, you deserve compassion and fairness. But the unfortunate truth is that the insurance company that should compensate you for these losses is not on your side. When accident victims and their loved ones need help the most, they look for ways to dispute claims or reduce the amount they have to pay.
You deserve experienced, compassionate, and effective legal representation. LTC Karl Truman and his team of personal injury attorneys have been fighting for injury victims in Kentucky and Indiana and holding the insurance companies accountable for more than 30 years. Call (502) 222-2222 for a free case evaluation in Louisville, Kentucky, or contact our office in Jeffersonville, Indiana, at (812) 282-8500 today.
Injured Pedestrians Often Struggle to Get Fair Treatment
You might think it’s obvious that the driver of the car was at fault. However, like many other kinds of personal injury claims, cases are often complicated.
At-fault drivers and their insurance companies often dispute the facts of the case. The driver may not be honest about how fast they were going, or who had the right of way at a pedestrian crossing. And if the pedestrian may not even be able to give their side of the story if they were catastrophically injured or killed.
Unfortunately, this often leads to victim-blaming, and insurance companies offering far less to settle than victims truly deserve.
How a Louisville Pedestrian Accident Attorney Can Help
An experienced personal injury attorney from Karl Truman Law Office can help you gather the evidence you need to not only prove the driver’s negligence, but also fight for fair value for your damages. Strategies and tactics your lawyer can help you with include:
- Obtaining a driver’s mobile phone data (to determine if they were a distracted driver)
- other potential sources of digital evidence (including event data recorder information, security camera footage, or dash cam footage)
- Gathering witness statements from people who were at the scene
- Working with traffic and crash reconstruction experts to estimate vehicle speed, pedestrian visibility, and other critical facts of the case
- Working with doctors, medical researchers, life care planners, and other experts who can accurately assess long-term care needs and expenses
- Negotiating with the driver’s insurance company on your behalf (which can protect you from making preventable mistakes that could hurt your case)
Another important way our attorneys can help is by identifying any potential sources of insurance that would apply in your situation.
In both Kentucky and Indiana, drivers only have to carry $25,000 in bodily injury liability insurance per person. If you suffered significant injuries because of an auto accident, like a spinal cord injury, your damages will easily exceed this coverage.
We can help you evaluate all your insurance options (including personal injury protection, underinsured motorist coverage, health insurance, or even other potentially liable parties) and even negotiate with healthcare providers to both maximize your recovery and settle your debts under the best possible terms.
Louisville Pedestrian Accident FAQs
What Should I Do After a Pedestrian Accident?
If you or someone you love has been hit by a car, taking the following steps can greatly improve your chances of obtaining the fairest possible treatment, and best possible outcome:
- Seek medical attention. You should always see a doctor as soon as possible after being struck by a vehicle. Don’t sit at home and hope things will get better on their own. Injuries are often worse than they initially appear, and you will need good medical records to establish that your injuries were caused by the crash.
- Report the accident. Contact the police and get a police report.
- Gather evidence. If you are able to do so, take pictures of the car that hit you or your loved one, the accident scene, and any injuries sustained. Get contact information from the driver and any eyewitnesses.
- Keep documentation. After the accident, make sure you keep records of your treatment, medical bills, lost wages, and other information about your injuries and expenses. You may even consider keeping a daily journal about your symptoms, experiences, and struggles. This is helpful evidence if you need to file a pedestrian accident claim.
- Contact a pedestrian accident lawyer as soon as possible. An attorney with Karl Truman Law Office can help you navigate the claims process, ensure your rights are protected, and maximize your chances of recovering compensation for your injuries and losses.
Who Is Responsible for My Pedestrian Accident?
In most cases, pedestrian accidents happen due to a driver’s negligence. Most often, the driver fails to see or react to the presence of a pedestrian until it’s too late. Common examples include:
- Distracted driving, such as driving while using a cell phone
- Driving under the influence of drugs or alcohol
- Failing to yield to pedestrians at marked crosswalks
- Speeding
- Running a stop sign or traffic light
In some cases, fault may be shared between multiple parties, such as driver and a pedestrian, or a driver and a bar or restaurant that knowingly overserved them with alcohol.
Our Louisville pedestrian accident lawyers will work hard to figure out what really happened, and who is responsible. This may include things like talking to eyewitnesses, securing dashcam footage, obtaining cell phone records, or working with accident reconstruction experts.
Can a Pedestrian Be Held Responsible for a Pedestrian Accident?
Yes. Both drivers and pedestrians share a responsibility to follow traffic laws and exercise reasonable care and caution. A pedestrian might be ruled at fault if, for example, they tried to cross the street somewhere other than a marked crosswalk and the oncoming driver did not have enough time to react.
Liability can also be shared between multiple parties—for example, if a pedestrian was jaywalking but the driver was also speeding excessively. (Jaywalking is not specifically outlawed in either Indiana or Kentucky law, but pedestrians must yield the right of way to traffic if crossing anywhere other than a crosswalk.)
In both Kentucky and Indiana, a person’s share of the fault decreases the amount of compensation they can receive by the same percentage. Kentucky is a “pure” comparative negligence state, meaning someone who is even 99% at fault can still receive 1% of their claimed damages. In Indiana, the process works the same way, except that an injured person must be no more than 50% at fault to receive any compensation.
Sometimes, insurance companies try to use comparative negligence rules to their advantage, unfairly blaming pedestrians for a crash. If an adjuster or insurance company tries to reduce or deny your claim, do not assume their comparative fault calculations are correct. Instead, immediately consult with an experienced car accident lawyer at Karl Truman Law Office.
How Much Is My Pedestrian Accident Claim Worth?
If you or a loved one suffered a pedestrian accident injury and survived, you may be eligible to compensation for your losses, including:
- Economic damages. After the car accident, you may be left with significant medical bills, lost wages, and other financial losses. You are entitled to seek compensation for these economic damages, including any future treatment costs and wage losses that can be attributed to the injury.
- Non-economic damages. Some damages don’t come with an easy price tag—for example, chronic pain, loss of cognitive functioning due to a brain injury, or loss of enjoyment of life from being unable to enjoy your favorite hobbies or spend quality time with friends and family. Because pedestrian accident injuries are often catastrophic, the compensation awarded for non-economic damages may be several times the economic damages.
- Punitive damages. In some cases, punitive damages may be added if the at fault driver’s conduct was especially egregious, reckless, or malicious. For example, a drunk driver traveling 30 miles per hour over the speed limit might be assessed punitive damages if they hit someone.
If your loved one is killed in a pedestrian accident that wasn’t their fault, close relatives may be able to file a wrongful death claim. Compensatory damages that can be awarded include:
- Funeral expenses
- Burial expenses
- Medical costs incurred before death
- Loss of love and companionship
- Loss of future earnings
Kentucky also allows punitive damages in wrongful death cases in cases that merit them. (Indiana does not.)
Calculating damages in any personal injury or wrongful death claim is complex. To give yourself the best chance at maximum compensation for your pedestrian accident case, talk with an experienced attorney at Karl Truman Law Office today.
How Long Do I Have to File a Pedestrian Accident Claim?
After a crash, you only have a limited amount of time to make a personal injury claim. Determining the statute of limitations deadline can be complicated, so it is important to talk to us as soon as possible so we can accurately determine any deadlines that may affect your case.
It is important to talk to us as soon as possible. Evidence can begin to disappear quickly after a pedestrian accident, and it may take months to build a compelling legal case. The sooner you speak with us, the better your chances of a successful recovery.
Where Do Most Louisville Pedestrian Accidents Occur?
Pedestrian accidents can occur just about any location where vehicles and foot traffic share space in close proximity. Common locations include:
- Roads that lack of pedestrian infrastructure, such as sidewalks or crosswalks
- Areas with poor visibility, for example due to poor lighting or obstructions such as parked vehicles
- Roadways with multiple business driveways cutting across sidewalks
- Parking lots
Although jaywalking is not illegal, pedestrians who cross the middle of a street far from a designated crosswalk may be more likely to be struck due to drivers not expecting them.
Sadly, pedestrian accidents do still occur at marked crosswalks too, despite signage and signals meant to protect them. It only takes one distracted driver failing to check before turning to cause a serious crash. Always keep your wits about you and exercise caution when crossing a road, even at a crosswalk.
What Are Some Common Pedestrian Accident Injuries?
No type of collision is more dangerous than pedestrian accidents. In 2021, only about 1 out of every 120 car accidents in Kentucky involved a pedestrian. Yet these accidents were responsible for nearly 10 percent of the total traffic fatalities—and those who survive often must learn to live with severe, life-altering injuries—broken bones, brain injuries, and more.
Because pedestrians lack the protections of those in passenger vehicles, motor vehicle accidents involving pedestrians or riders result in a higher rate of serious injuries and death than collisions between just passenger vehicles.
Common severe injuries in pedestrian accidents include:
- Broken bones
- Lacerations
- Organ damage
- Loss-of-limb/amputation injuries
- Brain injuries
- Spinal cord injuries
- Death
Count on the Colonel
Our Louisville pedestrian accident attorneys have extensive experience helping injury victims and their families from the Louisville, Kentucky, and Jeffersonville, Indiana, areas pursue the financial peace of mind they need to cope with medical expenses, lost income, pain and suffering, and other damages.
If you or a loved one need legal assistance after an accident, contact our team today or call us at (502) 222-2222 to schedule your free consultation with one of our experienced personal injury lawyers.
References
Ross, P. et al (2022 October). Kentucky Traffic Collision Facts 2021 Report. Kentucky Transportation Cabinet. Report No. KTC-23-05/PT-2-22-00-00-87. Retrieved from https://transportation.ky.gov/HighwaySafety/Documents/CollisionFacts2021.pdf
The content provided here is for informational purposes only and should not be construed as legal advice on any subject.
