Get the Compensation You Need After a Pedestrian Accident
If you’ve ever driven through downtown Bardstown or driven down Bardstown Road, you’ve probably seen some close calls for pedestrian accidents. Like many roads in the area, these areas have heavy vehicle traffic and plenty of pedestrians moving through the streets to get to restaurants and stores.
So what should you do if someone hits you while you’re out walking as a pedestrian? Does it matter who had the right of way? How do you get your medical bills paid?
At McCoy & Sparks, we’re here to help our local citizens. We helped hundreds of countless families affected by pedestrian/auto accidents. On this page, you’ll find helpful information about what to do after a pedestrian accident and how to choose a lawyer who will help you seek the best outcome.
McCoy & Sparks: In Your Town and On Your Team.
- We’re located in Bardstown and represent people across Kentucky.
- We have the experience to handle your pedestrian accident claim as well as many other types of cases.
- We get results for our clients, including awards between $75,000 and $4.7 million. We obtained judgments, verdicts and settlements totaling over $30,000,000 for our clients.
- We truly care about our local citizens and have plenty of satisfied testimonials on Facebook, Google Reviews, and other review sites.
“McCoy and Sparks and associates in my opinion are the best lawyers in Bardstown, they did a great job with my case. I highly recommend them.”
What to Do After You’re Struck by a Vehicle
If you’re struck by a vehicle while walking, your priority should be to get medical care as quickly as possible. Pedestrian accidents involve some of the most serious injuries on our nation’s roads, with a pedestrian fatality every 88 minutes in the U.S.
Here’s what to do after the accident:
1. Seek Medical Care Immediately
Call 911 to report an accident with injuries. Accept medical help, even if your injuries appear to be minor. You could have internal injuries or a concussion without realizing it. See a medical professional who can treat and document your injuries.
2. Gather Information and Evidence
If you’re physically able to gather contact information from the driver, do so. Get their name, phone number, insurance company information, and so forth. Get the name, phone number and addresses of all driver and pedestrian witnesses. Take photos and videos of the scene of the accident. This may be your only opportunity to capture the location exactly as it appeared on the day you were hit Look around for any cameras that may have captured the event.
3. Report and Document the Accident
Follow up with a police officer about reporting the accident, if it hasn’t been reported already, and request a copy of the police report.
4. Refrain From Sharing Details
Don’t talk about your accident on social media or with friends and family until you talk to a lawyer. Don’t argue with the car’s driver either. Any statements you make now could come back to harm your case later.
5. Contact a Kentucky Pedestrian Accident Attorney
Talk to a pedestrian accident lawyer as soon as possible. With the help of an experienced attorney, you can bring a lawsuit against the driver and seek compensation for your medical bills, lost wages, and pain and suffering. Don’t let a careless driver get away with hurting you! Hold them responsible.
Common Causes of Pedestrian Injuries
Exceeding the speed limit is always dangerous, but it’s particularly risky around pedestrians. When a driver is going too fast, they may fail to see pedestrians crossing the street or could even lose control of the vehicle and hit someone who’s walking on the sidewalk.
Drunk and Drugged Driving
Driving under the influence (DUI) is against the law in Kentucky and can involve impairment by alcohol or drugs. And when it comes to drugs, there are many substances that can affect someone’s ability to drive, including over the counter medications, prescription drugs, inhalants, and street drugs. Even if the driver isn’t convicted of a DUI crime, you may be able to hold them civilly liable for your injuries.
In the United States, Distracted driving pedestrian deaths are at a 30-year high due to the influence of cell phones. When drivers are too distracted to keep their eyes on the road, pedestrians are at risk. You can hold a distracted driver responsible for hurting you with the help of an attorney who can launch an investigation into the circumstances of the accident and see how the driver was distracted.
Intersections are hotspots for pedestrian accidents. Even those with stoplights and clearly-marked crosswalks are dangerous because drivers sometimes ignore them, try to “beat the light,” or simply assume they have the right of way rather than someone who is on foot.
Too often, drivers roll through right turns without yielding, stopping, or looking for pedestrians. Their carelessness can cause you to be run over while you’re crossing the road. Sometimes, pedestrians are even hit while standing still waiting for the crosswalk light because a driver is too distracted or impaired to keep their car in the lane.
Failure to Yield
Drivers are sometimes confused about when they need to yield to pedestrians or fail to yield at the right moment. The result can be a serious pedestrian accident. Drivers even fail to yield to children crossing to reach the school bus, as we saw in a near-tragedy in Bardstown where a school bus driver honked his horn to prevent a car from running over two young girls.
Improper Use of Lanes
In Kentucky, it’s legal for pedestrians to use the right side of the road in certain areas. Drivers may ignore the law or not even see a pedestrian walking in the edge of the lane. This can cause a pedestrian to be hit from behind and injured before they even know what happened.
Backing Up/Backing Over
Back up/over accidents are common in areas where there are driveways, like neighborhoods, and in parking lots where drivers are exiting parking spots. Especially if a pedestrian is not wearing reflective gear. A pedestrian is run over by a car that’s backing up and may suffer severe injuries like broken bones, internal organ damage, and even permanent brain and spinal injuries.
Foggy, windy, icy, and snowy weather could be at least partly to blame for a pedestrian accident. However, a driver can’t always use the weather as an excuse for hitting you. With the number of pedestrian accidents on the rise, it is important to follow traffic safety rules at all times and to be extra attentive in inclement weather. On a horribly snowy day, inattention to the road, or failure to clear snow from the windshield might be a contributor to your pedestrian accident.
What Does Kentucky Law Say About Pedestrian Lawsuits?
Most of these cases will be governed by Kentucky’s 2-year statute of limitations contained in Kentucky’s Motor Vehicle Reparations Act. There are exceptions and extensions, but it is advisable that you speak with an experienced personal injury law firm as soon as possible following your injury.
These cases often resolve through insurance settlements instead of going to court. If it does go to court, you’ll need to prove that it was more likely than not – called a “preponderance of the evidence” – that the driver is at fault and owes you compensation.
In Kentucky, you can sue for medical expenses, lost income, damaged property, emotional distress, loss of consortium, and your pain and suffering. Even if you were partially at fault for what happened, under Kentucky’s comparative fault rule, you can still receive compensation.
Types of Injuries a Pedestrian May Suffer
A pedestrian will be lucky to survive being struck by a vehicle. You could face months or even years of recovery time and may never have full mobility again. It’s common for victims of pedestrian accidents to have lifelong pain, including lingering arm, leg, neck, and back pain for decades after the accident.
Common pedestrian injuries include:
- Sprains and strains
- Broken bones
- Facial injuries and lost teeth
- Hip dislocations
- Muscle damage
- Neck injuries
- Spinal cord injuries
- Brain damage, also known as traumatic brain injuries (TBIs)
- Internal organ damage
How to Pursue Compensation for a Pedestrian Accident
After an accident, you might assume that the driver will automatically cover your medical bills or that their insurance would kick in to take care of it. The reality is that they’ll probably scramble to avoid paying you anything.
That’s why you’ll need a personal injury attorney to help you hold the right party responsible. You shouldn’t have to pay for your medical bills, lost wages, and other damages simply because a driver hit you. Let’s put the responsibility where it belongs.
How Will McCoy & Sparks Help Me?
Your pedestrian accident lawyer can conduct an investigation into what happened with your accident, including interviewing people and reviewing all paperwork associated with your case. We’ll handle the legal stuff so you can focus on recovering from your injuries.
McCoy & Sparks can:
- Handle communication with the driver and their insurance company
- Gather inspection reports, police reports, and other documentation
- Request access, under the law, to public records
- Help you understand the law and your legal options
- Build a stockpile of photos, videos, and other evidence to use in your case
- Negotiate a settlement that covers your expensive bills
- Use trained medical staff to comprehensively understand and convey the extent of injuries and how these may impact you in the future
- Take the driver to court, if necessary
We can often resolve these cases through careful negotiation with the driver and their insurance carrier. When they see you’re serious and you’ve hired a good lawyer, they may back down and become more willing to pay what you deserve. This saves time and hassle for both sides.
Here at McCoy & Sparks, we understand the human side of pedestrian accidents and we know this has been a traumatizing event for you. That’s why we bring a caring, compassionate approach to every client we serve.
What Will I Get if I Win My Case?
No particular outcome can ever be guaranteed, but you can seek compensation for your medical bills, lost wages, and pain and suffering. At McCoy & Sparks, we have secured settlements and won trials for over 25 years. We’ve recovered over $30,000,000.00 for our injured clients. Let us put our talent and experience to work for you.
Pursuing a legal case also gives you the satisfaction of holding the right person responsible for your injuries, especially if they did something that endangers everyone in the community like drinking and driving or speeding through a pedestrian zone. You deserve to get justice and get your life back to normal.
How to Request a Free Consultation
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.