Per WLKY, a pedestrian was killed in a wreck in downtown Louisville that occurred around 11 p.m. on Thursday, October 20, 2022. The wreck occurred on Muhammad Ali Boulevard and 3rd Street. Louisville Metro Police Department has confirmed that the man hit by the vehicle was transported to UofL Hospital and died shortly after he got to the hospital. Police are still investigating to determine the circumstances that resulted in the driver hitting the pedestrian. Our condolences go out to the victim’s family and friends.
Pedestrians should feel safe when crossing the street, but unfortunately, drivers do not always pay attention while driving. Wrecks involving pedestrians often cause catastrophic injuries or even death. Pedestrians have the right-of-way and have no responsibility when they are struck when walking in a crosswalk and obeying a walk light. Additional laws exist that may hold the driver liable even if the pedestrian is outside of the crosswalk. Drivers are required to pay attention to the roadway at all times. Thus, even if a pedestrian is crossing a road where they should not, the pedestrian may still have a case if struck by an inattentive driver.
Kentucky is a pure comparative negligence state. This means that Kentucky law allows pedestrian accident victims to recover compensation so long as the driver was at least 1% at fault. The pedestrian’s compensation is reduced, however, in proportion to their share of fault. For instance, if a pedestrian is found to be 80% liable for the accident and the driver is apportioned the remaining 20% of the liability for the accident, the pedestrian is entitled to recover 20% of their damages from the driver or their insurance company.
When a pedestrian walks across the street against a light or outside of the crosswalk, the pedestrian may share blame for the accident. However, drivers must still pay attention to the roadway. Even if the pedestrian is careless, it does not give a driver a right to run them over. Drivers owe a duty to pedestrians to watch the roadway and avoid any accident that can be avoided had the driver been acting reasonably. Other examples of driver negligence that lead to pedestrian accidents include drunk drivers, speeding, and fatigued drivers.
When careless or reckless drivers strike a pedestrian, Meagher Injury Lawyers may be able to help the pedestrian recover the maximum compensation they deserve. Our office represents pedestrian injury victims and their families in pedestrian accidents in Louisville and throughout Kentucky. Tate and his team use our experience to predict how juries will allocate fault and can help guide you through the legal process when the other driver or their insurance company tries to minimize you or your loved ones injury claim following a pedestrian accident. It is our passion to help injury victims. If you or a loved one were injured in a pedestrian accident, Don’t Wait, Call Tate!