Pedestrian Accident Lawyers in Louisville
Assistance with Complex Legal Claims
According to the Kentucky State Police, there were 1,048 individuals who were struck by a moving vehicle in Kentucky in 2019. If you or someone you love were injured in a pedestrian accident and you would like to know your rights and how to pursue compensation for your injuries, it is crucial that you speak with an experienced pedestrian accident attorney.
Our legal team at Grossman Green PLLC has extensive experience handling a wide range of personal injury cases, including accidents involving pedestrians. Call (502) 215-3344 or reach out to our office online to learn more about how we can help you with your case!
Determining Liability in a Pedestrian Accident
If you have been hit by a vehicle as a pedestrian, there are a few factors and laws that must be considered when attempting to determine liability. Kentucky has what’s come to be known as the “Right of Way” law. This means that pedestrians have the right of way when it comes to street crossings. More specifically, this means that all drivers need to stop and yield to those attempting to cross the street. Similarly, drivers must stop and yield the right of way to a pedestrian when the pedestrian has reached the halfway point of the crosswalk or when the pedestrian is approaching so closely from the opposite half of the crosswalk as to be in danger.
Pedestrians also need to adhere to all traffic indicators. They need to make sure that if there is a pedestrian light, they are able to cross. Hazardous circumstances are also considered, such as weather or if there is construction happening on the road.
How Do You Determine Fault?
In any pedestrian accident, determining fault can vary based on a number of different factors. Personal injury claims typically center around negligence. Negligence occurs when there is a duty of care that was breached between the plaintiff and the defendant — in this case, the driver and the pedestrian.
Kentucky is considered a pure comparative fault state. This means that you can recover damages, but those damages will be limited by the percentage of fault you are assigned for causing the accident. For example, if you are injured in a pedestrian accident and are awarded $100,000 in damages, but the court finds you to be 10% at fault, you will only be eligible to collect 90% of the settlement ($90,000).
What Damages Are Available?
There are a few different categories of damages that you can be compensated for if you have been hit by a car.
These damages include:
- Physical injuries and pain
- Permanent scarring and disfigurement
- Emotional distress
- Psychological harm due to the accident
- Any additional pain and suffering
You can also get monetary damages for things such as medical bills, lost wages, funeral expenses, and the cost of living with a permanent disability.
What Steps Should I Take Next?
There are steps that you can take to pursue the compensation you need to help recover from your injuries. Whether you have been the victim of an accident or you have a loved one who has been left incapacitated or lost their life, finding an attorney who can fight to protect your rights is critical.
In Kentucky, most personal injury filings are subject to a one-year statute of limitations, but personal injury claims involving motor vehicles generally have a two-year statute of limitations. After the appropriate time is up, you will be unable to file a suit. So, if you or someone you know has been the victim of a pedestrian accident, don’t wait. We would be happy to discuss the details of your case and outline a plan that can help you pursue the compensation you deserve.
Experienced and Knowledgeable TeamWith over 50 years of combined experience, our attorneys contribute their unique knowledge and background to help develop a winning strategy for the client.
Fearless Trial AttorneysIf it becomes necessary, we are not afraid to go to trial. In fact, from the beginning, we prepare every case with the potential of trial in mind.
Collaborative ApproachNot only do we collaborate internally, but we also collaborate with outside professionals and specialist in order to strengthen our clients' cases.
Strong Client-Attorney RelationshipsOur team strives to understand each client and their unique situation. In doing so, we're able to develop a tailored approach aimed at achieving the best possible result.
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Failure to Diagnose $3.2 Million
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