There’s no way to escape the fact that in a collision between a vehicle and a pedestrian, the pedestrian is going to get the worst of it. Statistics are depressing; in fact, the pedestrian fatality rate rose 21% between 2019 and 2020, the largest annual increase ever. To put this in simpler terms: many news outlets reported in 2018 that on average, 1 pedestrian died every 84 minutes in the United States; in 2020, that statistic changed to 1 pedestrian fatality every 78 minutes.
According to the Governors Highway Safety Association (GHSA), in general, pedestrian fatalities have been increasing steadily since 2009. Between 2009 and 2018, the rate of pedestrian deaths increased by 55%, compared to just a 5% increase for all other traffic deaths.
There are many reasons for the increase, including:
- Population growth: In the past decade, the population of the United States has increased by approximately 6%. This means that more vehicles and drivers are on the road.
- Warmer temperatures: More people walk when it is warm, and more people walk at night, specifically. Most pedestrian fatalities (75%) occur at night.
- Fuel prices: The average cost of a gallon of gas in 2020 was only $2.24 (when adjusted for inflation, this is much less than 10 years ago). This may have contributed to increases in purchases of larger vehicles.
- Lack of sidewalks or safe walking routes.
- The increased popularity of light trucks and SUVs: between 2010 and 2019, pedestrian fatalities involving SUVs increased by 69%. Compare that to the rate of pedestrian fatalities involving passenger cars — 46%. Why are SUVs more dangerous to pedestrians than cars? Their heavier weight is one factor, and another is the fact that they are higher-bodied vehicles. Their point of impact is in exactly the wrong place for a pedestrian.
- Vehicle miles traveled: The number of annual vehicle miles traveled in the US increased from 3.03 trillion in 2008 to 3.23 trillion in 2019. Because of the COVID-19 pandemic and the increased number of people working from home, there were fewer vehicle miles traveled in 2020, and yet fatalities increased. According to the NHTSA, the main reasons for that were impaired driving, speeding, and failure to wear a seatbelt.
- People are walking more: According to the CDC, there has been a 6% increase in the past 5 years of adults who walk for fun, for necessity, or for exercise.
- Increased drug use: The NIH reported that almost 44% of drivers involved in fatal crashes tested positive for drugs.
- Smartphones: Between 2008 and 2018, the number of cell phones used in the United States increased more than 400%. Both drivers and pedestrians can become distracted by cell phones — with disastrous consequences. For example, the Kentucky State Police cited cell phone use as a contributing factor in 961 of Kentucky’s 2020 crashes.
In Kentucky, 92 pedestrians were killed and 656 were injured in 2020.
Ages 65 and above 16.3% of pedestrian injuries and fatalities
Ages 15-64 81.5% of pedestrian injuries and fatalities
Ages 14 and below 2.2% of pedestrian injuries and fatalities
The Kentucky State Police list details about 2020 accidents involving pedestrians (in some cases, more than one circumstance was involved). They are listed below ranked from most common to least common:
- Walking in roadway
- Dark clothing/not visible
- Darting into roadway
- At intersection
- Not at intersection
- Drinking (pedestrian): 24% of fatally injured pedestrians had been drinking
- Not in roadway
- Crossing against signal
- Approaching or leaving a vehicle
- Drug-related
- Working in roadway
- Lying in roadway
- Others, such as playing in the roadway, pushing vehicles, skateboarding, jogging, physical impairment
Although the fault sometimes lies with the pedestrian, the driver can also be at fault. Just as in any accident, a driver puts everyone at risk by speeding, driving under the influence, texting, being distracted, and failing to yield.
Kentucky Statute 189.570 (Abridged)
(1) Pedestrians shall obey the instruction of any official traffic control devices specifically applicable to them unless otherwise directed by a police officer or other officially designated persons.
(4) When traffic control signals are not in place or operation the operator of a vehicle shall yield the right-of-way, slowing down or stopping if need be to so yield, to a pedestrian crossing the roadway upon which the vehicle is traveling, or when the pedestrian is approaching so closely from the opposite half of the roadway as to be in danger.
(5) Whenever any vehicle is stopped at a marked crosswalk or at any unmarked crosswalk at an intersection, to permit a pedestrian to cross the roadway, the operator of any other vehicle approaching from the rear shall not overtake and pass the stopped vehicle.
(6)(a) Every pedestrian crossing a roadway at a point other than within a marked crosswalk or within an unmarked crosswalk at an intersection shall yield the right-of-way to all vehicles upon the roadway.
(6)(b) Any pedestrian crossing a roadway at a point where a pedestrian tunnel or overhead pedestrian crossing has been provided shall yield the right-of-way to all vehicles upon the roadway.
(6)(c) Between adjacent intersections within the city limits of every city at which traffic control signals are in operation, pedestrians shall not cross at any place except in a marked crosswalk.
(6)(d) Notwithstanding other provisions of this subsection or the provisions of any local ordinance, every operator of a vehicle shall exercise due care to avoid colliding with any pedestrian and shall give warning by sounding the horn when necessary and shall exercise proper precaution upon observing a child or an obviously confused or incapacitated person upon a roadway.
(7) No vehicle shall at any time be driven through or within a safety zone.
(8) The operator of a vehicle shall yield the right-of-way to any pedestrian on a sidewalk.
(9) No pedestrian shall suddenly leave a curb or other place of safety and walk or run into the path of a vehicle which is so close as to constitute an immediate hazard.
(10) No pedestrian shall cross a roadway intersection diagonally unless authorized by official traffic control devices; and, when authorized to cross diagonally, pedestrians shall cross only in accordance with the official traffic control devices pertaining to such crossing movements.
(11) Pedestrians shall move, whenever practicable, upon the right half of crosswalks.
(12) Where a sidewalk is provided and its use is practicable, it shall be unlawful for any pedestrian to walk along and upon an adjacent roadway.
(13) Where a sidewalk is not available, any pedestrian walking along and upon a highway shall walk only on a shoulder, as far as practicable from the edge of the roadway.
(14) Where neither a sidewalk nor a shoulder is available, any pedestrian walking on or along a highway shall walk as near as practicable to an outside edge of the roadway, and, if on a two-way roadway shall walk only on the left side of the roadway.
(15) Except as otherwise provided in this chapter, any pedestrian upon a roadway shall yield the right-of-way to all vehicles upon the roadway.
(16) A pedestrian who is under the influence of alcohol or any kind of drug to a degree which renders himself a hazard shall not walk or be upon a highway except on a sidewalk.
(17) No pedestrian shall enter or remain upon any bridge or approach thereto beyond the bridge signal, gate, or barrier, after a bridge operation signal indication has been given.
(18) No pedestrian shall pass through, around, over, or under any crossing gate or barrier at a railroad grade crossing or bridge while such gate or barrier is closed or is being opened or closed.
(19) No person shall stand in a roadway for the purpose of soliciting a ride.
(20) No person shall stand on a roadway for the purpose of soliciting employment or business from the occupant of any vehicle.
Simplified even more, it all boils down to this:
If you are a pedestrian, cross the road where you are supposed to, don’t cross diagonally, don’t run into traffic, and walk on the sidewalk (or shoulder, if there is no sidewalk).
Recent Kentucky pedestrian accidents:
November 18, 2021: A garbage truck turning left onto Winchester Road in Lexington struck and injured a pedestrian.
November 10, 2021: An Eastern Kentucky University professor died of her injuries after being struck by a vehicle in a Wendy’s parking lot in Richmond.
November 9, 2021: A woman walking in the middle of the road just after midnight in Louisville was struck by a vehicle. She later died of her injuries at the hospital.
October 31, 2021: A pedestrian who rode in two Kentucky Derbies under his professional jockey name of Miguel Mena was struck and killed by a vehicle on I-64 after exiting his Lyft car and walking up the on-ramp.
October 26, 2021: A man who attempted to run across Hess Lane in Louisville was struck by a vehicle and fatally injured.
After a pedestrian accident, please contact McCoy & Sparks for a free and confidential consultation. We’ll ask questions about your situation and help you understand what to do next.
Trust us with your pedestrian accident case. We’ll work tirelessly to get you the results you deserve. You owe us nothing unless we recover compensation for you. Make the right call to 1-844-4KY-WINS for a risk-free consultation with one of our attorneys today.