A car accident involving a motorist and a pedestrian can be particularly traumatic for both parties. The pedestrian may sustain a variety of injuries depending on the circumstances, and the motorist is likely to be emotionally stricken and confused.
According to the Centers for Disease Control and Prevention (CDC), 129,000 pedestrians received emergency medical treatment for nonfatal crash-related injuries in 2015. That same year, 5,376 pedestrians were killed in traffic accidents. Older adults, children, and drivers or pedestrians who are intoxicated face a higher risk for this type of accident.
Determining fault in the event of a pedestrian car crash is often complex. While it’s easy to blame the driver for an accident with a pedestrian, pedestrians have a duty of care just like any driver. They must take reasonable steps to ensure their own safety in proportion to the dangers involved with walking near moving vehicles. There are instances where the pedestrian may be found at least partially at fault.
Some of those scenarios include:
- Crossing outside of a crosswalk or walking directly in the roadway
- Crossing against a traffic signal
- Enter a street or highway while under the influence of drugs or alcohol
- Walking where pedestrian access is prohibited, like on causeways or bridges
The driver may be deemed negligent if they ran a red light, didn’t come to a full stop at a stop sign, was driving while distracted, or was under the influence.
Once a car accident claim has been filed, the insurance companies will investigate the crash in an attempt to determine who is at fault. In Kentucky, however, the state follows a choice no-fault policy in the event of a car accident. This means that a portion of your auto insurance policy, referred to as personal injury protection, covers you for physical damages to the other party.
There are thresholds for the choice no-fault policy. If the accident results in more than $1,000 in medical bills or if the accident caused permanent disfigurement, a bone fracture, or any permanent injury, the no-fault rules do not apply.
As complex as these claims can get, it’s often a good idea to seek legal representation. If you or a loved one has been injured in a car vs. pedestrian crash, our experienced Lexington, KY pedestrian accident lawyer will know how to prove who was really at fault for the accident. Contact our office today for a free consultation.