Pedestrian Accident Attorneys in Covington, Kentucky

Pedestrian accidents are among the most devastating types of motor vehicle accidents, often leading to severe injuries or fatalities. In Kentucky, pedestrian safety is a growing concern, as urban areas, intersections, and busy roadways increase the chances of accidents.

If you or a loved one has been involved in a pedestrian accident in Northern Kentucky, including Greater Cincinnati, Newport, Florence, or Covington or the surrounding areas of Kenton County, Campbell County, Boone County, Hamilton County, Grant County, or Gallatin County, our attorneys at The Berger Firm can help. Contact us today to schedule a consultation.

Understanding Pedestrian Accidents

A pedestrian accident occurs when a person walking, running, or otherwise traveling on foot is struck by a motor vehicle. These accidents typically result from the negligence of a driver, but they may also involve other factors such as poor road conditions, defective traffic signals, or impaired pedestrians.

Pedestrian accidents are particularly hazardous due to the lack of physical protection pedestrians have compared to drivers and passengers in motor vehicles. The forces involved in these collisions may lead to catastrophic injuries, including traumatic brain injuries (TBI), spinal cord injuries, broken bones, and even death.

Common Causes of Pedestrian Accidents

Several factors contribute to pedestrian accidents throughout Kentucky and Greater Cincinnati. Some of the most common causes include:

1. Distracted Driving: Drivers texting, talking on the phone, or otherwise distracted can easily overlook pedestrians, especially at crosswalks or intersections.

2. Failure to Yield: Drivers may fail to yield the right of way to pedestrians at crosswalks, leading to dangerous situations.

3. Speeding: Excessive speeds reduce a driver’s ability to stop in time to avoid a pedestrian, especially in school zones or residential areas.

4. Impaired Driving: Alcohol and drug use impair a driver’s judgment and reaction time, increasing the likelihood of hitting a pedestrian.

5. Poor Visibility: Low-light conditions, bad weather, or poorly lit streets may make it difficult for drivers to see pedestrians.

6. Unsafe Crosswalks or Lack of Signals: Inadequate or malfunctioning pedestrian signals or unsafe crosswalks can contribute to accidents.

7. Reckless Pedestrian Behavior: Pedestrians may contribute to accidents by crossing streets outside designated crosswalks, not paying attention, or walking while intoxicated.

Understanding the cause of a pedestrian accident is a critical part of building a legal case. Your attorney may conduct a thorough investigation to determine liability and hold the responsible party accountable.

Injuries Common in Pedestrian Accidents

A pedestrian accident may result in a wide range of injuries, from minor scrapes and bruises to life-threatening conditions. Due to the vulnerable nature of pedestrians, the impact of a vehicle may cause severe trauma. Some of the most common injuries associated with pedestrian accidents include:

1. Traumatic Brain Injuries

A traumatic brain injury occurs when the head is struck or violently shaken. Pedestrians who hit their heads on the ground or the vehicle’s windshield may suffer concussions, skull fractures, or more severe forms of brain damage. TBIs may have long-lasting physical, emotional, and cognitive effects, requiring extensive medical treatment and rehabilitation.

2. Spinal Cord Injuries

In a pedestrian accident, the force of impact may cause damage to the spinal cord, resulting in partial or complete paralysis. Spinal cord injuries may be catastrophic, leading to permanent disability and the need for lifelong care.

3. Broken Bones

Pedestrians often suffer fractures to their arms, legs, ribs, and hips when they’re struck by a vehicle. Depending on the severity of the break, these injuries may require surgery, physical therapy, and extended recovery times.

4. Internal Injuries

Internal bleeding, organ damage, and other internal injuries are common in pedestrian accidents. These injuries may not be immediately visible but can be life-threatening without prompt medical attention.

5. Lacerations and Contusions

Cuts, scrapes, and bruises are common injuries sustained in pedestrian accidents. While these injuries may seem minor, they may lead to complications like infection or scarring.

6. Psychological Trauma

Beyond physical injuries, pedestrian accidents may cause significant emotional and psychological trauma. Victims may experience anxiety, depression, post-traumatic stress disorder, or a fear of walking near traffic.

Liability in Pedestrian Accidents

Determining who's liable in a pedestrian accident case is essential for recovering compensation. In many cases, the driver of the vehicle is found to be at fault due to negligence, but there may be other parties involved. Understanding liability in these cases often requires a detailed investigation of the accident scene, witness testimony, and professional analysis.

Driver Negligence

Most pedestrian accidents are caused by driver negligence. When a driver fails to follow traffic laws or behaves recklessly, they may be held liable for the injuries they cause. Examples of driver negligence include:

• Running a red light or stop sign

• Failing to yield to a pedestrian in a crosswalk

• Speeding in areas with heavy pedestrian traffic

• Driving under the influence of alcohol or drugs

Pedestrian Negligence

In some cases, pedestrians may share some responsibility for the accident. If a pedestrian was jaywalking, crossing against the signal, or otherwise acting recklessly, their compensation may be reduced under Kentucky’s comparative fault laws. However, even if a pedestrian is partially at fault, they may still be able to recover damages if the driver was also negligent.

Government or Municipal Liability

In some cases, pedestrian accidents are caused by unsafe road conditions, defective traffic signals, or poorly designed crosswalks. When this occurs, a government entity responsible for maintaining the road or traffic signals may be held liable. However, filing a claim against a government entity involves specific legal requirements, so it’s crucial to have an experienced personal injury attorney handle the case.

Compensation for Pedestrian Accident Victims

A pedestrian accident may result in significant financial burdens due to medical expenses, lost wages, and other costs. If you or a loved one has been injured in a pedestrian accident, you may be entitled to compensation for:

• Medical Expenses: This includes the cost of emergency care, hospitalization, surgeries, rehabilitation, medications, and any ongoing medical treatment.

• Lost Wages: If your injuries prevent you from returning to work, you may recover compensation for lost income and diminished earning capacity.

• Pain and Suffering: Compensation for physical pain, emotional distress, and reduced quality of life may also be available in pedestrian accident claims.

• Property Damage: If any personal property, such as a phone or other belongings, was damaged in the accident, you can seek reimbursement for these losses.

• Wrongful Death: If a loved one was killed in a pedestrian accident, surviving family members may be able to file a wrongful death claim to recover funeral expenses, loss of companionship, and other damages.

An experienced pedestrian accident attorney may evaluate your case to determine the full extent of your losses.

What to Do After a Pedestrian Accident

If you’ve been involved in a pedestrian accident, the steps you take immediately afterward may have a significant impact on your ability to recover compensation. Here’s what you should do if you’re injured in a pedestrian accident:

1. Seek Medical Attention

Your health should be your top priority after a pedestrian accident. Even if you don’t feel seriously injured, it’s essential to seek medical attention as soon as possible. Some injuries, like internal bleeding or concussions, may not be immediately apparent.

2. Report the Accident

Call the police and report the accident. A police report will serve as an important piece of evidence in your case. Be sure to provide a detailed account of what happened and request a copy of the report for your records.

3. Gather Evidence

If possible, gather evidence from the accident scene. Take photos of your injuries, the vehicle involved, the crosswalk or intersection, and any traffic signals. Get contact information from any witnesses who saw the accident.

4. Consult an Attorney

After receiving medical treatment, it’s important to consult with a pedestrian accident attorney as soon as possible. An attorney may protect your legal rights and handle communications with insurance companies.

How Our Attorneys Can Help

Understanding the legal process after a pedestrian accident can be overwhelming, especially if you’re dealing with serious injuries. However, our experienced pedestrian accident attorneys at The Berger Firm may help you by:

• Investigating the Accident: We may gather evidence, review police reports, and consult professionals to determine liability.

• Negotiating With Insurance Companies: Insurance companies may attempt to settle your claim for less than it’s worth. We may negotiate on your behalf to secure fair compensation.

• Filing a Lawsuit: If a fair settlement can’t be reached, we may file a lawsuit and represent you in court.

• Maximizing Your Compensation: We may calculate the full value of your claim, including medical expenses, lost wages, pain and suffering, and other damages.