According to the National Highway Traffic Safety Administration, more than 70,000 pedestrian accidents happen every year in the United States. Nearly 5,000 of these accidents are fatal. Pedestrians are 1.5 times more likely to be killed in a vehicle collision than a vehicle passenger. Additionally, thousands of pedestrians are injured every year due to poor parking lot maintenance, sidewalk defects, and construction debris.
Whether the accident involves a vehicle or a property defect, injured pedestrians may recover damages if someone else’s negligence caused the accident to occur. This money can be used to help pay for medical expenses, lost wages, and emotional suffering.
According to the Centers for Disease Control, elderly people represent nearly 20% of the annual number of pedestrian deaths and are an estimated 10% of all pedestrians injured. Alcohol plays a role in nearly half of fatal pedestrian accidents, with 34% of fatal crashes involving a pedestrian with a blood-alcohol-content (BAC) at or above 0.08 grams per deciliter and 15% involving a driver with a BAC at or above 0.08 g/dL.
What is the Most Common Type of Pedestrian Accident?
The most common type of pedestrian accident involves a pedestrian who is hit by a negligent driver. Distracted driving, speeding, failure to yield right-of-way to pedestrians in a crosswalk, disobeying traffic signals and signs, illegal U-turns, and driving under the influence are all negligent driver behaviors that cause dangerous accidents.
Drivers have a higher duty of care and are expected to exercise a greater level of caution when the pedestrians are children. Ignoring reduced speed limits in school zones and failure to follow the traffic direction of a crossing guard pose a tremendous threat to children who are smaller in stature and more difficult to see.
Pedestrians must also use caution and exhibit responsible behavior. Ignoring the traffic signal at an intersection, failing to use the provided marked crosswalks, and disrupting the flow of traffic are all examples of negligent behavior of the pedestrian. In these cases, the driver of the vehicle involved cannot be held responsible.
Premises liability law covers pedestrians who are injured as a result of damaged walkways and debris. Business and property owners are expected to keep their walkways safe and free from harm to ensure no pedestrian is injured while using them. Construction companies are responsible for keeping sidewalks clear from debris or closed if they are unsafe to use. Injured pedestrians may hold these property owners and construction companies accountable for their injuries.
If you or your loved one have been the victim of a pedestrian accident in Kentucky, an experienced Lexington, KY pedestrian accident lawyer from the Law Office of Todd W. Burris can help. Our staff is dedicated to doing our part to meet the state goal to keep every pedestrian in Kentucky safe. Contact our legal team today and speak to one of our attorneys about a free, zero-obligation consultation of your case.
