Walking is a good way to get from one place to the other and a popular method of exercise. Nothing is more enjoyable that a walk around the neighborhood, enjoying time with your family or friends. Most of us feel secure when we are walking in familiar areas, especially when we are on sidewalks or other walkways designated as pedestrian zones. That security can be quickly shattered when you are unexpected struck by a vehicle. When the unthinkable happens, calling an experienced car accident attorney should be one of the first things you do.
The First Assumption about Pedestrian-Vehicle Accidents
Any time a pedestrian is struck by a vehicle, the first thought we have is that the driver is to blame. It is not unusual to think that the pedestrian always has the right-of-way. This is not always the case, according to the law. The person who has been struck may be to blame for the accident or they may have part of the blame. The first step is to determine who is to blame for the accident. An experienced car accident attorney knows the laws and who is most likely to be blamed in an accident.
Just Like in the Movies
Many TV shows and Movies have chase scenes where the good guys are chasing the bad guys (or the other way around!) and they do not let anything as insignificant as eight lanes of traffic slow them down. They weave through the cars, amid breaks squealing and tires screeching to a halt. Most of the time, everyone comes out on the other side unscathed.
Once the case goes to trial, the situation may begin to take on an entirely different light. The judge or jury will look at a number of variables leading up to the accident. Some of these include:
- The posted speed limit where the accident took place
- Details of the police report
- Whether the pedestrian and/or the driver were legally sober at the time
- Whether there were any traffic signals or signs in operation
- Whether the pedestrian was crossing the street or road at a crosswalk or in the middle of the street
- If the pedestrian was walking in an area where pedestrians are prohibited
It is easy to see that the person who is obviously to blame for the accident may not be entirely or partially to blame once all of the circumstances of the accident are evaluated. As the pedestrian, you should know that in most cases, the driver is determined to be at fault. However, if the circumstances prove that you are all or partially to blame, you probably will not be able to receive compensation to sue for compensation to pay your medical bills.
Kentucky’s designation as a “no fault” state means that the driver’s insurance is required to pay the pedestrian for their injuries regardless of fault up to a specified limit. A car accident attorney in Louisville can help you get the compensation you need for medical bills in excess of the allowed limits. Give McCullum Law a call at 812-945-9225.