Pedestrians can suffer injuries in collisions with motor vehicles in many different areas around Crestwood. From walking on a sidewalk or crossing a street, pedestrian accidents can happen suddenly as a result of another party’s negligence. When someone else’s careless or reckless behavior causes a pedestrian accident, it is important to learn about your options for filing a claim for financial compensation. An experienced Crestwood pedestrian accident lawyer at Meagher Injury Lawyers can assess your case for you today in order to provide you with more information about moving forward with a pedestrian accident lawsuit in Kentucky.
Learning More About Crestwood Pedestrian Accidents
In Kentucky and across the country, pedestrian accidents happen more often than you might think. The following statistics come from the Centers for Disease Control and Prevention (CDC), and they highlight the prevalence of pedestrian accidents and the need for increased precautions:
- 7,000 pedestrians were killed in traffic collisions in the U.S. in 2020.
- Approximately 1 out of every 6 people who sustain fatal injuries in traffic crashes are pedestrians.
- Every year, approximately 104,000 pedestrians require treatment in emergency departments for injuries they have sustained in motor vehicle collisions.
- Alcohol plays a factor in many pedestrian accidents that involve collisions with motor vehicles.
- Speeding is a common causal factor in motor vehicle collisions involving pedestrians;
- Most pedestrian accidents and injuries that occur in traffic crashes happen in urban areas away from intersections, and they usually occur at night.
- Older adults and young children are most likely to be injured or killed in a pedestrian accident.
In addition to pedestrian accidents that happen as a result of negligent motorists, it is also important to know that many kinds of pedestrian accidents and injuries can result from negligent maintenance of roads and sidewalks, or even residences and business establishments. When a pedestrian accident results from the negligent maintenance of a walking area, it may be possible for the injured pedestrian to file a premises liability lawsuit.
Liability for a Crestwood Pedestrian Accident
Who is liable for a pedestrian accident in Crestwood? Liability will depend on the particular facts of your case, but one or more of the following parties could be liable:
- Driver of a car or truck.
- Motorcyclist.
- Bicyclist.
- Owner of the premises where the pedestrian accident occurred.
- Designer, manufacturer, or marketer of a defective vehicle part that caused the accident.
Damages in a Crestwood Pedestrian Collision
What types of damages can you expect to obtain in a Crestwood pedestrian accident lawsuit? Damages will depend upon your specific losses, but in general, most pedestrians who are injured in crashes can be eligible to seek compensation damages. Compensatory damages include economic damages and non-economic damages, which compensate an injured pedestrian for direct losses like medical bills and lost wages, as well as for subjective losses such as pain and suffering.
In some pedestrian accidents that result from another party’s behavior that shows a complete indifference to another human’s safety, it may be possible to seek punitive damages. Under Kentucky law, punitive damages are also known as exemplary damages. These are not intended to compensate for particular losses, but rather to punish a defendant for especially harmful behavior. To obtain punitive damages, Kentucky law requires a plaintiff to prove, “by clear and convincing evidence, that the defendant from whom such damages are sought acted toward the plaintiff with oppression, fraud, or malice.”
Comparative Fault and Pedestrian Injury Claims in Crestwood
Sometimes a pedestrian’s own negligence might play a causal role in an accident. In particular, distracted walking — such as when a pedestrian is walking while texting — can play a role in certain pedestrian accidents. Kentucky law allows injured pedestrians to recover damages from the defendant even if the pedestrian is partially at fault. However, the pedestrian’s total damages award will be reduced by the percentage of the pedestrian’s fault.
Contact Our Crestwood Pedestrian Accident Attorneys
If you were injured in a pedestrian accident in or around Crestwood, or if you lost a loved one in a Crestwood pedestrian collision, it is essential to learn more about holding the at-fault party accountable and seeking financial compensation for losses. While a civil lawsuit cannot completely erase the harm caused by a serious pedestrian accident, it can allow you to recover the money you need in order to pay your medical bills and to cover your lost wages. One of the experienced Crestwood pedestrian accident lawyers at our law firm can help you to determine liability and help you file a claim. Contact Meagher Injury Lawyers today at (502) 309-9213 for a free consultation with a Crestwood pedestrian accident lawyer to learn more about pedestrian accident lawsuits in Kentucky.
