What to Do If You're Injured in a Pedestrian Accident
Knowing what to do after a pedestrian accident can make a big difference in preserving your rights and building a solid claim. If you’ve been hurt in a pedestrian accident, you might feel overwhelmed by medical bills, insurance calls, and the physical pain you’re facing.
Slechter Law Firm Attorneys at Law is proud to serve injured pedestrians across Louisville, Kentucky, and the surrounding areas, offering compassionate support and strong advocacy when you need it most. From calling for help at the scene to speaking with a lawyer, here are some crucial steps so you’re prepared to protect yourself after any pedestrian accident.
Common Injuries in Pedestrian Accidents
Pedestrian accident injuries can range from minor bruises to life-changing trauma, and every collision is different in how it affects a person. Broken bones, soft tissue damage, and traumatic brain injuries are common when a vehicle strikes someone on foot.
Even if you feel fine right after the accident, some injuries—such as internal bleeding or concussions—might not show symptoms until hours or days later. That’s why seeking prompt evaluation is vital to your health and to documenting what happened.
Getting immediate medical attention not only protects your well-being but also creates a record linking your injuries directly to the pedestrian accident. That record can prove critical if you later pursue compensation for your pain and suffering.
Insurance adjusters and courts look for clear, contemporaneous documentation showing how the collision caused your injuries. By having detailed medical records, you strengthen your claim and avoid disputes over when and how the harm occurred.
Steps to Take Immediately After a Pedestrian Accident
Knowing the right actions to take at the scene of a pedestrian accident can protect your health and your legal rights:
Check for injuries: Take stock of any pain or visible wounds, and don’t try to move if you suspect a serious injury.
Call 911: Report the collision to police and request an ambulance if anyone’s hurt.
Move to safety: If you’re able, get off the roadway and away from traffic to avoid further harm.
Document the scene: Use your phone to photograph vehicle positions, skid marks, and nearby traffic signals.
Exchange information: Get the driver’s name, contact details, and insurance information before they leave.
Notify your lawyer: Contact a pedestrian accident lawyer promptly so they can guide you through the next steps.
Taking those steps right away lays the groundwork for your claim. Emergency responders and police will create reports that can bolster your case as you move forward.
Essential Info About Liability and Comparative Fault
Kentucky follows a modified comparative fault system, which means you can recover damages only if you bear fifty percent or less of the blame for the accident. If you’re partially responsible, the court reduces your award by your percentage of fault.
Pedestrians judged more than fifty percent at fault can't collect any compensation. Grasping how fault is divided helps you set realistic expectations for your claim.
Fault can arise from actions like crossing outside a marked crosswalk or stepping into traffic against a signal, but drivers still have a duty of care. Even a minor pedestrian mistake may be outweighed by a driver’s negligence, such as speeding or texting while driving.
Your lawyer will examine police reports, witness statements, and traffic laws to allocate each party’s share of fault. That allocation ultimately shapes the value of any settlement or verdict.
Seeking Medical Attention and Documentation
After a pedestrian accident, you should see a doctor—even if your pain seems minor at first—because some injuries can worsen without early treatment. A thorough medical exam assures that issues like whiplash, internal bruising, or soft tissue damage are properly diagnosed and treated.
Your doctor will recommend tests or imaging based on your symptoms, which helps create a complete picture of your condition. Having a detailed treatment plan also helps you avoid complications and shows insurers the exact nature of your injuries.
Medical records serve as critical proof of the harm you suffered in the pedestrian accident. Each appointment, imaging test, and prescription ties your condition back to the collision on a specific date. Insurers often rely on these documents when evaluating claims, so accuracy and thoroughness matter. If you focus on keeping all records organized and sharing them with your lawyer, you stand a better chance of developing a stronger argument.
Gathering Evidence to Support Your Claim
Building a strong claim after a pedestrian accident means collecting every piece of relevant evidence at your disposal. Before leaving the scene—or as soon as you’re able—make sure to gather key items, such as:
Photos of the scene: Capture the damage to both your body and the vehicle involved, including the surrounding road conditions.
Witness contact details: Bystanders who saw what happened may offer impartial testimony later on.
Medical records: Keep copies of doctor visits, test results, and treatment plans to show how the collision affected you.
Police report: Obtain a copy of the official report for details on the driver’s statements and any citations issued.
Personal notes: Write down your own recollection of events (including time, date, and weather conditions) as soon after the accident as you can.
Collecting these materials early helps prevent disputes over what really happened. Your lawyer can use that evidence to build a persuasive case on your behalf.
Dealing With Insurance Claims
Once you’ve sought treatment and compiled evidence, you’ll likely hear from insurance adjusters. They may offer a quick settlement that seems tempting, but it often undervalues your long-term needs. Your lawyer can review any offers and negotiate to protect your interests.
Insurance companies look to minimize payouts, so they’ll examine every detail for weaknesses. By working with an attorney who knows pedestrian accident law in Kentucky, you’ll be in a stronger position to fight for compensation for medical bills, lost wages, and pain and suffering.
Documenting Lost Wages and Future Earnings
You’ll need clear proof of income lost because of your injuries and a reliable forecast of how your wages might change going forward. Gathering pay stubs, tax returns, and written statements from your employer helps establish earnings you’ve already sacrificed. For injuries that affect your ability to work in the future, detailed projections become crucial:
Pay stubs and tax returns: Provide concrete figures for regular earnings and overtime you’ve already missed.
Employer statements: Secure a letter verifying your job title, salary, hours missed, and any expected return date.
Documentation of missed work: Use attendance records, timesheets, or emails showing days you couldn’t report to work.
Expert earning projections: Have an economist or vocational specialist calculate how injuries might reduce your future income.
Benefits and bonuses records: Include proof of performance-based pay, commissions, or retirement contributions you’ve lost or may forfeit.
Presenting this information in an organized package lets your lawyer and the insurance company see the full scope of your financial losses. Detailed records reduce disputes over your claim’s value and support a more accurate settlement offer.
If you need professional analyses to quantify long-term effects, your legal firm can coordinate with qualified professionals on your behalf.
Statute of Limitations in Kentucky
Kentucky law generally gives injured pedestrians one year from the date of a collision to file a personal injury lawsuit. Failing to file within that window means a court will almost certainly dismiss your case, regardless of how serious your injuries are.
Certain situations—like if the at-fault driver leaves the state or you’re younger than eighteen—can pause or “toll” that deadline until those conditions end. Because the rules around tolling can be tricky, it’s important to know exactly when the clock starts and stops.
Missing the deadline isn’t your only risk; preparing a claim also takes time for evidence gathering and legal filings. If you wait too long, key documents such as medical records or witness testimony may become harder to obtain.
Early involvement by a lawyer assures all necessary paperwork is submitted correctly and on time. That way, you avoid unexpected surprises that could jeopardize your right to compensation.
Contact Experienced Attorneys Today
If you’ve been injured in a pedestrian accident, don’t face insurance companies or complicated medical bills alone. Contact Slechter Law Firm Attorneys at Law for a free consultation. This firm will review your case, answer your questions, and help you chart a path forward. Slechter Law Firm serves clients in Lexington, Kentucky, and throughout the state. Let experienced attorneys handle the legal details so you can focus on getting better.