Pedestrian Accidents Attorney in Jackson, Kentucky
When a vehicle collides with a person walking down the road, the consequences can be devastating. Injuries from a pedestrian accident are frequently life-changing and, in the worst-case scenario, even fatal. These accidents happen more often than they should, and it’s important to hold the reckless driver accountable for their actions.
I believe in fighting aggressively for my clients—both in and out of the courtroom—to help them hold careless drivers accountable and to seek the fair compensation they deserve. With more than two decades of experience, I can evaluate and investigate your case to help you explore your legal options. My firm, the Law Office of Patrick E. O’Neill, PSC, is proud to represent clients in Jackson, Kentucky, as well as Campton, West Liberty, Stanton, Beattyville, Booneville, and the nearby areas.
One of the first steps in evaluating your case is determining who was liable, or at fault, for the accident. It’s helpful to know the basics of the Kentucky laws that apply to pedestrians and drivers.
Right of Way Law
In Kentucky, if a pedestrian is lawfully using a crosswalk or crossing an intersection as directed by the light (even without a marked crosswalk), then that pedestrian has the right of way. A driver who hits a pedestrian who is lawfully crossing the street can be held accountable for their actions. Right of Way law must be followed in Kentucky.
Just like drivers, pedestrians also have responsibilities when it comes to walking on Kentucky roads. Pedestrians must use crosswalks, be careful around parked vehicles, and either use a flashlight or wear reflective clothing when walking or jogging at night.
Hazardous and Other Circumstances
When there are hazardous circumstances, such as a heavy snowstorm or rainstorm, it’s important to be extra cautious when utilizing the roads.
If the roads were not properly maintained by the city, county, or state, then those conditions can contribute to an accident occurring. Speak with a knowledgeable Kentucky attorney to learn more about how hazardous circumstances could affect your personal injury claim.
Knowing who was involved and what exactly happened in the accident are key to determining liability. Another important factor that affects liability is negligence.
Negligence, which involves carelessness, is a factor in many car accidents. A driver may have been texting instead of watching the road, or they might have blasted through a red light without looking. These negligent, careless actions could end up costing someone their life.
When a person does not perform their duty of care to a reasonable standard, then they are acting with negligence and may be held accountable.
Pure Comparative Negligence State
The pedestrian may have also been acting carelessly when the accident happened. For example, if they were scrolling on their phone and crossed the street without looking, then they could partially be at fault as a pedestrian hit by a car.
In Kentucky, even if your negligence was 75% of the reason why the accident happened, you may still be able to recover financial compensation for up to 25% of the costs you incurred due to the accident. This is because Kentucky follows the pure comparative negligence rule, which states that no matter how much the accident was your fault, as long as it was less than 100%, you can still seek compensation.
In personal injury law, the money that a victim can receive to cover the expenses caused by the accident is referred to as “damages.” You can receive damages for both economic costs, such as medical bills, and for non-economic losses, such as pain and suffering. An experienced Kentucky personal injury attorney can discuss damages in detail with you.
Statute of Limitations
The statute of limitations sets the deadline for when a case must be filed. For personal injury cases in Kentucky, that deadline is two years after the date of the accident.
What Steps Should I Take Next?
In a case in which a pedestrian has been hit by a car, the victim or the representative of the victim should take steps to bolster their case.
If I’m the Victim
If you are the victim, your first priority should be your recovery. Make sure you seek medical attention as soon as possible so that you can begin treatment for your injuries. Then, speak with a personal injury lawyer to learn more about your next steps.
If I’m Representing an Injured Loved One or a Loved One Who Passed Away
A pedestrian accident is never expected, and losing a loved one in such an accident is a tragedy. It’s important to try to take care of yourself during this difficult time. To seek justice for your loved one, you can file a wrongful death claim against the driver. A skilled personal injury attorney can guide you through the process.
Pedestrian Accidents Attorney in Jackson, Kentucky
The consequences of a pedestrian accident can be extremely serious, and no one should have to struggle with those consequences on their own. As a personal injury attorney with over 20 years of experience, I can aggressively and compassionately advocate for your best interests. The Law Office of Patrick E. O’Neill, PSC, represents clients in Jackson, Campton, West Liberty, Stanton, Beattyville, Booneville, and the nearby areas in Kentucky. Contact my firm today to schedule a free consultation.