Everything You Need to Know About Pedestrian Accidents in KY & TN

Are you prepared to deal with the aftermath of a pedestrian accident? In this blog, we provide an overview of the most important information that may help you deal with the situation or obtain compensation for your injuries, if you get involved in a pedestrian accident in Kentucky or Tennessee.

Walking is a practical, healthy, and environmentally-friendly way of getting to your destination—especially in large cities. Despite these obvious benefits, however, being a pedestrian in a large city also entails some risks.

Nationwide, around 130,000 pedestrians each year are treated in emergency rooms across the country for crash-related injuries, according to the Center for Disease Control and Prevention (CDC). In 2016 alone, 5,987 pedestrians were killed in traffic crashes—meaning that there is about 1 crash-related pedestrian death every 1.5 hours.

While the statistics above are troubling enough, traffic accidents involving pedestrians—including fatal accidents—have unfortunately recently been on the rise. In fact, in 2018, pedestrian deaths reached an almost 30-year high.

While Kentucky and Tennessee have seen some success in decreasing the number of pedestrian fatalities, there is still much room for improvement. As shown by the Governors Highway Safety Association’s “Pedestrian Traffic Fatalities by State” report, Kentucky has a rate of 0.73 pedestrian deaths per 100 thousand people while in Tennessee the rate has come out to 0.77. In other words, Kentucky and Tennessee hold the 19th- and 20th-highest positions in the country for pedestrian fatalities.

If you are a frequent pedestrian, how can you ensure that you stay safe in the concrete jungle? What should you do if you ever become the victim of a traffic accident? And who is liable for pedestrian injuries in this scenario? Read this article to get comprehensive answers to these vital questions.

Pedestrian Right-of-Way and Driver’s Liability

Under certain circumstances, cars and other motor vehicles are obliged to yield to pedestrians who are about to cross the street or are already crossing the street. Failure to grant a pedestrian the right-of-way when necessary is a traffic law violation and may warrant a ticket.

What’s more, if a driver causes a collision with a pedestrian and he or she gets injured, the driver will likely be found liable for the injuries. This means that the driver will be financially responsible for the pedestrian’s injury-related losses such as medical expenses—which will be covered by the driver’s liability insurance.

Nevertheless, it is important to remember that a pedestrian doesn’t always have the right-of-way; nor is a driver always under the obligation to yield to a pedestrian. In fact, the pedestrian will have the right-of-way only in the following circumstances:

• In Tennessee, pedestrians have the right-of-way at all intersections and driveways. Pedestrians must follow signals and use sidewalks where provided.
• In Kentucky, pedestrians have the right-of-way when they are in an intersection or crosswalk and when there are no traffic control signals in place.

In other situations, pedestrians should yield the right-of-way to all vehicles on the roadway. In addition, pedestrians should exercise reasonable care and avoid crossing the street into incoming traffic for the sake of their own safety.

In order to minimize the risk of an accident, pedestrians should strive to abide by the following safety recommendations:

• Walk on the sidewalk whenever possible
• Walk on the left side of the street, facing traffic, if there are no sidewalks
• Cross only at designated crosswalks, intersections, or street corners
• Observe and obey traffic signals
• Stop before crossing and look left-right-left to detect incoming traffic
• Be attentive when crossing the street; avoid distractions by refraining from using your cellphone or listening to music on your headphones or earbuds

How to React After a Pedestrian Accident

When a pedestrian gets hit by a car or another motor vehicle and sustains injuries as a result, health and safety should always be a priority.

Therefore, if you ever find yourself in such a distressing situation, seek medical attention above all else. Even if you can’t locate any visible signs of serious injury and you feel relatively well, you should still get a medical check-up later on, as some injuries may not be immediately apparent.

You should also try to contact the police right away.

If you were the pedestrian in the accident, be sure to exchange basic contact and insurance information with the at-fault driver. Be sure that you only share the most pertinent personal data, such as your full name, phone number, and insurance details.

If you fall victim to a hit-and-run accident, you should contact the police as soon as possible, right after obtaining any necessary medical attention. However, you should be aware that in many such circumstances, it may be impossible for the police to find the reckless driver responsible for your injuries. If that is the case, sadly, you may need to cover your medical expenses out of your own pocket. On the other hand, if you have uninsured motorist coverage, you may be able to receive compensation from your losses under this policy.

In any case, you may consider contacting an attorney experienced in handling pedestrian accidents to obtain an evaluation of your case and advice on your legal options.