New Year Brings Pedestrian-Vehicle Accidents in Lexington
The beginning of 2019 has been tough on pedestrians on the streets of Lexington as police focus on two separate accidents on Thursday, January 3, 2019. Both accidents happened in the evening and sent two people to the hospital for significant injuries.
This comes on the same day Lexington police release a video in a perplexing hit-and-run accident involving a pedestrian several months ago. The video shows the alleged occupants of a light colored Kia Spectra that got out or the car, and then left without rendering aid to the victim who died on the scene.
The first accident happened near the Scott County line where a pedestrian was injured, and the other occurred while a man was crossing Georgetown Rd. at Lisle Rd. where a man was taken to University of Kentucky Hospital and later died of injuries from blunt force trauma.
Police are asking for help in the hit-and-run incident and have released a video showing the alleged occupants of the car that struck and killed a man. Anyone with information about this collision is asked to contact the police department’s Collision Reconstruction Unit by calling (859) 258-3663.
Anonymous tips, including photos and videos, can be submitted by texting LEXPD plus the tip to CRIMES (274637). Information can also be sent anonymously through Bluegrass Crime Stoppers at (859) 253-2020 or by going to their crime stoppers website.
In the United States, over 6,000 pedestrians die from being hit by vehicles each year, and according to a report in USA Today, this number has been growing over the last decade. Some experts suggest the increased use of texting while driving and walking has accounted for this upsurge in pedestrian deaths. During the same time, traffic fatalities have been slowly declining so the increase in pedestrian fatalities has authorities concerned.
Who’s at Fault?
The law in Kentucky gives vehicles the right-of-way in traffic, and pedestrians have the right-of-way in cross walks and other street crossing designations. This doesn’t mean that if a pedestrian is hit outside s crosswalk, its automatically the pedestrian’s fault, nor is the drivers fault if the pedestrian is hit inside a cross walk.
This is because, the law also requires that both a pedestrian and a driver use caution. Motorists have a duty to operate their vehicle in a safe manner, and pedestrians have a duty to proceed with caution where there are vehicles around.
Many times, a pedestrian is hit crossing the road outside a crosswalk and just assumes it’s his or her fault. This isn’t true. First, the traffic code violations are governed by criminal law, and personal injury law is dictated by the state’s civil laws.
Second, Kentucky, like most states, have a law that says the violation of a criminal law—including traffic laws—does not indicate fault in a negligence case. Drivers have to take reasonable actions to avoid hitting a pedestrian, so fault will be determined on the issue of negligence, not guilt of a traffic violation.
Do I need and Attorney?
If you were hit by a car as a pedestrian, you need to talk to someone who knows the law and is experienced with the personal injury and insurance systems. The insurance companies are going to tell you that it is your fault and that you have no claim. Don’t take their word for it, speak to someone who has your interests at heart.
At Kaufman and Stigger, PLLC, our attorneys know the traffic and personal injury laws and have a combined 100 years’ experience in assisting client, and they know how to get results. Don’t think for a minute that the insurance company is going to pay you what is fair. They have a job to do, and this is pay you as little as possible. If you want the peace of mind that you have the best attorneys on your side, then call Kaufman & Stigger, PLLC today, at (800) 937-8443 or click here to contact them online.