When you're struck by a vehicle while walking, using a wheelchair or mobility device, or otherwise traveling on foot in Central Kentucky, the injuries can be devastating. Pedestrians have no protection against thousands of pounds of metal and glass, making even low-speed collisions potentially life-threatening.
At Skeeters, Bennett, Wilson & Humphrey, our Elizabethtown pedestrian accident attorneys understand the serious nature of these cases and fight to hold negligent drivers accountable for the harm they cause.
Kentucky Pedestrian Accident Rights Explained
Pedestrians in Elizabethtown and throughout Kentucky have specific rights under state law, but determining fault after an accident requires careful investigation.
What Is Comparative Negligence?
Kentucky follows the pure comparative fault doctrine, meaning your compensation gets reduced by your percentage of responsibility for the accident. This differs from other states that use modified comparative negligence (where you recover nothing if you're 50% or 51% at fault) or contributory negligence (where any fault bars recovery entirely).
What Causes Pedestrian Accidents?
Common scenarios leading to pedestrian accidents include drivers who:
- Fail to yield at intersections
- Make right turns without checking crosswalks
- Back out of parking spaces without looking
- Operate vehicles while distracted by phones or other devices
- Drive under the influence of drugs or alcohol
Weather conditions, poor lighting, and road design can also contribute to these tragic incidents, even if you weren’t hit by a car.
Driver Responsibilities
Kentucky law requires drivers to exercise reasonable care around pedestrians. Drivers must yield the right-of-way to pedestrians in crosswalks and slow or stop if needed to yield. They must also travel at a speed that's reasonable and prudent for conditions, which typically means slowing in areas with heavy foot traffic.
When Elizabethtown drivers breach these duties and cause injuries, they can be held liable for medical bills, lost wages, pain and suffering, and other damages.
Types of Injuries We Handle in Central Kentucky Pedestrian Cases
Pedestrian accidents often result in severe trauma due to the unequal forces involved when a vehicle strikes a person on foot.
Traumatic Brain Injuries
Traumatic brain injuries are some of the most serious consequences of pedestrian accidents. When a person's head strikes a vehicle's hood, windshield, or the pavement after being thrown from impact, the brain can suffer severe damage even if the skull remains intact. These injuries can cause lasting cognitive problems, memory loss, personality changes, and difficulties with speech, movement, or basic daily functions.
Spinal Cord Injuries
Spinal cord damage occurs when the force of a vehicle impact injures the delicate nerves that carry signals between the brain and the rest of the body. Even seemingly minor damage to the spinal cord can result in permanent paralysis, loss of sensation, or loss of bodily functions below the injury site.
Broken Bones
Pedestrian accidents often leave victims with broken bones, since the body is no match for the impact of a car. Fractures in the legs, arms, ribs, or pelvis may require surgery, the placement of metal hardware, and a long course of rehabilitation. For older pedestrians, hip and pelvic breaks can be especially difficult, sometimes resulting in lasting mobility problems and a higher chance of ongoing health issues.
Internal Injuries
Internal injuries frequently occur when the force of impact damages organs, causing internal bleeding that may not be immediately apparent. Road rash and severe cuts from contact with pavement or vehicle parts can lead to permanent scarring and disfigurement.
Psychological Trauma
Many pedestrian accident victims also experience psychological trauma, developing anxiety about walking near traffic or post-traumatic stress disorder.
Investigating Your Pedestrian Accident Claim in Central Kentucky
Building a strong pedestrian accident case requires a thorough investigation of the circumstances surrounding your injury.
Evidence Preservation
Our legal team works quickly to preserve critical evidence before it disappears or gets destroyed. This includes obtaining police reports, interviewing witnesses who saw the accident occur, and reviewing any available surveillance footage from nearby businesses or traffic cameras.
From the Accident Scene
We examine the accident scene to identify factors that may have contributed to the collision, such as broken streetlights, obstructed sight lines, or poorly marked crosswalks. Vehicle damage patterns and debris fields can help accident reconstruction experts determine the speed and point of impact.
Medical Documentation
Medical records play a crucial role in documenting the extent of your injuries and their impact on your life. Our attorneys work with your healthcare providers to obtain complete medical documentation and ensure your treatment needs are fully understood. When necessary, we consult with medical experts who can explain your injuries to insurance companies and juries.
Driver Behavior
Driver behavior is another key area of investigation. We look for evidence of speeding, distracted driving, impaired driving, or other traffic violations that may have caused or contributed to your accident. Cell phone records, toxicology results, and witness statements can all provide insight into whether the driver was acting negligently.
Recovering Fair Compensation for Your Pedestrian Accident
Pedestrian accident victims in Kentucky may be entitled to several types of compensation depending on the circumstances of their case.
- Economic damages cover measurable financial losses like medical expenses, rehabilitation costs, lost wages from time off work, and reduced earning capacity if your injuries prevent you from returning to your previous job.
- Non-economic damages compensate for the physical pain, emotional suffering, and reduced quality of life that result from serious injuries. This includes compensation for the psychological impact of your trauma.
- Punitive damages require clear and convincing evidence of oppression, fraud, or malice. DUI facts often support this standard, but it's not automatic.
The value of your pedestrian accident claim depends on factors including the severity of your injuries, the degree of negligence involved, your age and income level, and how the accident has affected your daily life. Insurance companies often try to minimize these claims by arguing that pedestrians share fault or that injuries aren't as serious as claimed.
Why Choose Our Elizabethtown Pedestrian Accident Lawyers
For over 50 years serving Central Kentucky, our firm has developed extensive experience in pedestrian accident cases and established a record of successful settlements and verdicts for injured clients. We understand how insurance companies investigate these claims and know the tactics they use to avoid paying fair compensation.
Our attorneys have the resources to build compelling cases, including relationships with medical experts, accident reconstruction specialists, and economists who can testify about your losses. We're not afraid to take cases to trial when insurance companies refuse to offer adequate settlements.
Every client receives personal attention from experienced attorneys who take time to understand how your injuries have affected your life. We handle all aspects of your case while you focus on recovery, from dealing with insurance adjusters to managing medical bills and paperwork.
Located in Radcliff, we're familiar with local courts, judges, and procedures throughout Central Kentucky. This local knowledge, combined with extensive legal experience, gives our clients a significant advantage in pursuing fair compensation for their injuries.
Get Help After Your Pedestrian Accident
If you or a loved one was injured in a pedestrian accident in Radcliff, Elizabethtown, or anywhere in Central Kentucky, don't wait to seek legal help. Evidence can disappear quickly, and Kentucky has specific deadlines for filing lawsuits.
Contact Skeeters, Bennett, Wilson & Humphrey today at (270) 351-4404 for a free consultation about your case. We'll evaluate your claim, explain your legal options, and help you understand what compensation you may be entitled to recover.