Pedestrian Accident Attorneys in Covington, Kentucky

Walking should be a safe way to get around, but unfortunately, pedestrian accidents happen all too frequently. At The Berger Firm, we've seen firsthand the devastation that these accidents can cause. We're here to provide you with the necessary legal guidance and support during this challenging time. Whether you're in Greater Cincinnati or Northern Kentucky, including Newport and Florence, our doors are open to you. We're experienced in a wide range of practice areas and we're dedicated to offering compassionate and capable counsel when you need it the most. Don't face your legal challenges alone. Reach out to us today for a free initial consultation.  

Determining Liability

In pedestrian accidents, figuring out who's at fault is a critical step. Kentucky's laws lay out clear rules for both drivers and pedestrians. However, understanding these laws can be tricky without the help of experienced attorneys like us. 

Kentucky’s Pedestrian Right of Way Law

Kentucky law gives pedestrians the right of way in certain situations. That means drivers have to yield to pedestrians in crosswalks and at intersections, even if there's no traffic signal or sign. It's a law designed to keep pedestrians safe, but unfortunately, not all drivers respect it. 

Responsibilities of Pedestrians and Drivers

While pedestrians are afforded certain rights, they are also obligated to observe specific responsibilities to ensure their safety and prevent accidents. These responsibilities include: 

• Utilizing Crosswalks: Pedestrians are required to use crosswalks when they are available. Crossing streets outside of designated crosswalks can be hazardous and potentially increase the risk of accidents. 

• Obeying Traffic Signals and Signs: Pedestrians must adhere to all traffic signals and signs. This includes waiting for the appropriate walk signals at intersections before proceeding to cross. 

• Exercising Caution: Pedestrians are expected to be vigilant and cautious when crossing the street, always ensuring it is safe to do so before proceeding. This includes not stepping suddenly into the path of a close approaching vehicle that may not have the ability to yield. 

Drivers, too, bear significant responsibilities when navigating shared roads. Their duties include: 

• Yielding to Pedestrians: Drivers must respect pedestrians' right of way, especially in crosswalks and at intersections. This ensures pedestrian safety and smooth traffic flow. 

• Maintaining Safe Speeds: Speed limits are not just legal requirements; they're safety measures. Drivers are obligated to maintain speeds that allow for quick reaction times and safe stopping distances. 

• Avoiding Distractions: Distractions greatly increase the risk of accidents. Drivers must always keep their focus on the road, refraining from any activities that could divert their attention, such as using cell phones, eating, or adjusting the radio. 

• Being Vigilant: Drivers need to be constantly aware of their surroundings, looking out for any pedestrians who may be crossing or about to cross the street.  

• Showing Respect: Drivers must respect all traffic laws and signals, demonstrating responsible and courteous behavior on the road. 

Failure to adhere to these responsibilities can lead to serious accidents, highlighting the importance of their observance. 

Other (Hazardous Circumstances) 

Sometimes, other factors contribute to pedestrian accidents, like poor road conditions, inadequate lighting, or obstacles on sidewalks. These factors can be important when determining who's at fault and how much compensation you might be entitled to. 

Fault Determination

Under Kentucky law, both the pedestrian and the driver can share the blame for an accident. This is called comparative fault. The compensation you receive may be adjusted based on your share of the fault. 

Kentucky Is a No-Fault Insurance State 

Kentucky operates under a "no-fault" insurance system. This essentially means that after a motor vehicle accident, including pedestrian accidents, your own insurance company will compensate you for personal injury expenses, regardless of who was at fault for the accident. This coverage is bound by your personal injury protection (PIP) limits in your policy.  

Filing a Personal Injury Claim in Kentucky

Despite Kentucky being a no-fault state, you still have the right to file a personal injury claim if your injuries are significant or if your medical expenses exceed the personal injury protection coverage limits of your own insurance policy. This gives you the opportunity to seek compensation directly from the at-fault party. 

To file a personal injury claim in Kentucky, the first step is to gather all relevant evidence. This includes medical reports, witness statements, photographs from the accident scene, and any other documents that support your claim. You should also note the details of your medical treatment, as these costs will be an integral part of your claim. 

Once you have all your evidence in order, you need to file a complaint in the county where the accident occurred or where the defendant resides. This document outlines your case and the compensation you're seeking. After filing the complaint, the defendant will be served with a copy and they will have a certain period of time to respond. 

Keep in mind that legal procedures and timelines can be challenging to navigate, so it's advisable to seek the help of an experienced personal injury attorney. They can guide you through the process, negotiate with the insurance company on your behalf, and represent you in court if necessary. 

Comparative Fault

Comparative fault, also known as comparative negligence, is a legal principle applied to personal injury cases, including pedestrian accidents. This principle states that the injured party's compensation may be reduced by a percentage that equals their degree of fault in the accident. For instance, if a pedestrian was found to be 20% at fault and the driver 80%, then the pedestrian's compensation would be reduced by 20%. This means that if the total damages amounted to $100,000, the pedestrian would receive $80,000 instead.  

It's essential to note that under Kentucky law, as long as the pedestrian's fault does not exceed the driver's, they can still recover damages. However, determining the fault ratio can be complex and usually requires the expertise of a seasoned attorney. 

Statute of Limitations

It's important to know that there's a time limit for filing a personal injury claim in Kentucky. Generally, you have one year from the date of the accident to file a claim. If you miss this deadline, you might lose your right to seek compensation. 

Damages Available

If you've been injured in a pedestrian accident, you might be able to recover damages for things like medical expenses, lost wages, pain and suffering, and emotional distress. The specific amount will depend on the circumstances of your accident and the extent of your injuries. 

What steps should I take next?

If you're the victim of a pedestrian accident, it's important to take certain steps to protect your rights. These include seeking immediate medical attention, documenting the accident, gathering witness statements, and getting in touch with a knowledgeable pedestrian accident attorney. 

If you're representing a loved one who was incapacitated or lost their life in a pedestrian accident, consulting with an empathetic and skilled lawyer is crucial. They can guide you through the process and help you pursue a wrongful death or personal injury claim on behalf of your loved one.