Pedestrian Accidents

How Do I Begin a Pedestrian Accident Personal Injury or Wrongful Death Case?

You are here for legal advice about your personal injury or wrongful death case. Mike Burman at Burman Law offers a free consultation to answer your questions. During your initial consultation - if you are comfortable - Mike will cover these six key steps with you:
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• Preserve important physical evidence so nothing critical is lost
• Interview witnesses and law enforcement
• Take custody of photographs and video
• Impound or take custody of the at-fault driver’s vehicle or the contents of the vehicle
• Provide you with a free case evaluation so you understand what the case is about
• Provide you with a plan of action so you understand how the case will be handled
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Mike is a death and injury lawyer with 25+ years of experience helping hundreds of accident victims against at-fault commercial operators and careless drivers of all types. Other lawyers often call Mike for advice with their personal injury lawsuits and wrongful death lawsuits. Once you begin your free case evaluation with Mike, you will know the legal advice is coming from an experienced attorney.

There is never any pressure. Your consultation and attorney-client relationship are always strictly confidential. Mike will provide legal advice, answer all your questions, and explain traffic laws, so you know what is important about your case. If you are dealing with an insurance company adjuster, Mike will give you advice based on years of experience. Mike and the staff at Burman Law understand that starting a personal injury case or wrongful death case can be overwhelming and intimidating. To help you, the friendly legal team at Burman Law average over 10 years of paralegal experience with personal injury claims and wrongful death claims. Your free access to the Burman Law Client Portal means you stay informed. You can contact us through the portal, by phone, by text, or by email. If you contact us on a workday, we almost always can respond to you that day.

You can schedule a consultation with Mike by clicking:
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• Contact
• Chat
• 1-800-200-1578
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For the legal process to work, several steps in a pedestrian accident claim must be addressed quickly, especially the preservation of evidence and the location of witnesses against the at-fault party. The police report needs to be checked for accuracy. Medical treatment by specialized medical professionals familiar with these specific accident injuries should begin. Medical bills and lost wages should be submitted to insurance for payment.

Beginning a case may help prevent other accidents from occurring to other people. According to NHTSA.gov, the National Highway Traffic Safety Administration says in 2020, there were 6,516 pedestrian fatalities  due to vehicle crashes.   Pedestrians accounted for 17% of the total traffic fatalities and 3% of the total number of people injured. Serious injuries, from broken bones all the way to head injuries, can occur with any kind of pedestrian-involved accident. Driver negligence is a major cause of accidents, so it is important for motorists to be even more aware of their surroundings when driving in order to avoid accidents with pedestrians.

If you decide, we will be your accident lawyer, our legal team will help you:
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• plan for medical expenses not paid by insurance
• plan for lost income and time off from work
• calendar the statute of limitations under state law so you do not miss any time limits
• answer all the FAQs, as well as the questions unique to your case
• meet with surviving family members and explain the legal process
• fill out the necessary paperwork for your insurance policy or insurance claim
• provide advice on your property damage claim for automobile repairs or total loss or the replacement value
• lay the foundation for you to receive a fair settlement amount without the expense and delay of a pedestrian accident lawsuit
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WHAT TYPES OF PEDESTRIAN INJURY CASES DOES MIKE HANDLE AT BURMAN LAW?‍

We handle all pedestrian accident cases involving major injuries and death. We handle accidents and cases involving punitive damages and non-economic damages for pain and suffering. Our legal team is also experienced in medical malpractice cases that sometimes arise. We can handle or assist with probate matters involving a decedent in wrongful death lawsuit. We handle loss of consortium cases for the loss of a spouse or minor child. Our experience ranges from semi-trucks and trailers to farm vehicles. Our case values range from tens of thousands of dollars to millions of dollars. We can practice in all federal or state courts throughout Kentucky and Tennessee.  Burman Law is an accident lawyer with offices in Hopkinsville, Kentucky and Clarksville, Tennessee to better serve you.
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HOW DOES BURMAN LAW DETERMINE FAULT FOR A PEDESTRIAN INJURY CASE INJURY OR DEATH?

We investigate and prove fault by motorists who:
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• Fail to maintain a safe distance
• Fail to slow to a safe speed or continually use excessive speed
• Fail to allow time for safe clearance
• Fail to obey traffic signals (i.e., red lights or stop signs)
• Fail to keep a proper lookout ahead for other persons and vehicles in front of him or so near his intended line of travel as to be in danger of collision
• Fail to pay attention, especially at night or during inclement weather
• Fail to perceive a dangerous condition or immediate hazard
• Fail to drive free of impairment by drugs or alcohol
• Fail to stop operating a cell phone while operating a motor vehicle
• Fail to keep the vehicle under control
• Fail to yield to any vehicles
• Fail to exercise ordinary care generally to avoid collision
• Fail to maintain environmental exposures that may put pedestrians at risk
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WHAT DOES BURMAN LAW DO IN A PEDESTRIAN INJURY CASE?

Pedestrian injury case injury and death cases require quick attention from an experienced personal injury law firm. Mike Burman is a personal injury attorney with the staff and financial resources needed to take on any insurance company. As your pedestrian accident lawyer, Mike Burman and his law firm will work quickly to:
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• Understand the mechanism of injury causing pain and suffering or death
• Look for hard-to-find injuries, such as traumatic brain injuries (TBI) or labral tears in the hip
• Preserve evidence that could be washed away, destroyed, or lost
• Study traffic patterns, don’t walk times, jaywalking customs, and oncoming traffic
• Search for CCTv video/audio, ring doorbell cameras, police videos, and business cameras
• Locate and interview witnesses
• Engage experts in pedestrian accident reconstruction to uncover critical facts
• Download the “black box” speed and distance computer on the “at-fault” vehicle
• Impound the at-fault vehicle and preserve contents in the at-fault vehicle
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In every personal injury case or wrongful death case, we investigate and preserve evidence. We locate and contact all available witnesses. We notify all necessary parties and insurance companies, notify all lienholders, gather and protect evidence and damages,  prepare a settlement demand, negotiate an accident settlement, resolve liens, and distribute a fair settlement to you. Injury and death cases require quick attention from an experienced personal injury law firm. Mike Burman is a personal injury attorney with the staff and financial resources needed to take on any insurance company.  As your accident lawyer, Mike Burman and his law firm will work quickly to answer all your questions and learn about your injuries-including those serious injuries that are oftentimes hard to find or overlooked, such as head injuries or labral tears in the hip.

Once evidence from the scene is secure, we use information technologies to transform this evidence into a visual representation of your accident to prove the harms and losses behind your catastrophic injuries. Our in-house media service prepares professional digital charts, blowups, and videos while keeping costs under control. Our goal is to communicate your case so that anyone can “be sure” what happened and “understand” what should be done to right the wrong done to you. We work to provide the insurance adjuster with a thorough evaluation of your case so you achieve a full and fair out-of-court settlement.  But if you must file suit, Burman Law will help prepare your case for trial.  At trial, we will visualize your case to the jury, so the jury understands exactly what happened to you, and how your life changed. In this way, the jury has the power to come back with a verdict to help right the wrong done to you.
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INSURANCE COMPANY TACTICS

It is very common in a pedestrian injury case for the insurance adjuster to claim the injury was caused by comparative negligence (fault by the pedestrian in the pedestrian injury case). Pedestrian accident cases share some similarities, but many adjusters handle auto accident cases and may not be familiar with traffic laws specific to pedestrian injury cases where the pedestrian has the right of way.

Insurance companies and insurance adjusters use several tactics to deny claims and pay less than the value of the claim.  Some of the most common we see are:
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• Blaming accident victims for their own injuries
• Reducing the value of the case by misinterpreting medical records
• Denying the severe injuries are related to the accident
• Making low settlement offers for pre-existing or age-related factors
• Delaying claims as long as possible until you must take a low settlement offer
• Making lowball settlement offers to reduce the amount you think is reasonable
• Telling injury victims they do not need to hire a lawyer
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HOW IS BURMAN LAW PAID?

We are paid a percentage of the money recovered in your case.  Many personal injury lawyers now charge a fee of 40% to begin your case.  Our fee has been 1/3 for more than twenty-five plus years.  We do not spend time or money on expensive Tv Ads, and we pass that savings on to you. There are no hidden disclaimers. We are transparent at all times.

With our free consultation and case evaluation services, you can confidentially discuss your pedestrian injury case with Mike Burman, at no charge.  Mike will help you understand your rights and give you a plan of action.  There is never any pressure.  We put all fees and case expenses in writing.  We will set you up with access to a free client portal so you can post anything you want 24/7/365.  We respond to portal messages by the next business day, or sooner.   And you can always contact Mike on his personal cell phone number which he will give you when you hire him to be your pedestrian accident attorney.  My staff average fifteen years of experience.  Mike has 25+ years of experience in personal injury and wrongful death involving pedestrian safety in Kentucky and Tennessee.

We would be honored to help you or your loved ones. You can schedule a consultation with Mike by clicking:
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• Contact
• Chat
• 1-800-200-1578
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KENTUCKY PEDESTRIAN INJURY CASE TRAFFIC LAW & PEDESTRIAN LAW - § 189.570. PEDESTRIANS

(1) Pedestrians shall obey the instruction of any official traffic control devices specifically applicable to them, unless otherwise directed by a police officer or other officially designated persons.

(2) Pedestrians shall be subject to traffic and pedestrian control signals as provided in KRS 189.231 and 189.338.

(3) At all other places, pedestrians shall be accorded the privileges and shall be subject to the restrictions stated in this chapter.

(4) When traffic control signals are not in place or in operation the operator of a vehicle shall yield the right-of-way, slowing down or stopping if need be to so yield, to a pedestrian crossing the roadway upon which the vehicle is traveling, or when the pedestrian is approaching so closely from the opposite half of the roadway as to be in danger.

(5) Whenever any vehicle is stopped at a marked crosswalk or at any unmarked crosswalk at an intersection, to permit a pedestrian to cross the roadway, the operator of any other vehicle approaching from the rear shall not overtake and pass the stopped vehicle.

(6)
(a) Every pedestrian crossing a roadway at a point other than within a marked crosswalk or within an unmarked crosswalk at an intersection shall yield the right-of-way to all vehicles upon the roadway.

(b) Any pedestrian crossing a roadway at a point where a pedestrian tunnel or overhead pedestrian crossing has been provided shall yield the right-of-way to all vehicles upon the roadway.

(c) Between adjacent intersections within the city limits of every city at which traffic control signals are in operation, pedestrians shall not cross at any place except in a marked crosswalk.

(d) Notwithstanding other provisions of this subsection or the provisions of any local ordinance, every operator of a vehicle shall exercise due care to avoid colliding with any pedestrian and shall give warning by sounding the horn when necessary and shall exercise proper precaution upon observing a child or an obviously confused or incapacitated person upon a roadway.

(7) No vehicle shall at any time be driven through or within a safety zone.

(8) The operator of a vehicle shall yield the right-of-way to any pedestrian on a sidewalk.

(9) No pedestrian shall suddenly leave a curb or other place of safety and walk or run into the path of a vehicle which is so close as to constitute an immediate hazard.

(10) No pedestrian shall cross a roadway intersection diagonally unless authorized by official traffic control devices; and, when authorized to cross diagonally, pedestrians shall cross only in accordance with the official traffic control devices pertaining to such crossing movements.

(11) Pedestrians shall move, whenever practicable, upon the right half of crosswalks.

(12) Where a sidewalk is provided and its use is practicable, it shall be unlawful for any pedestrian to walk along and upon an adjacent roadway.

(13) Where a sidewalk is not available, any pedestrian walking along and upon a highway shall walk only on a shoulder, as far as practicable from the edge of the roadway.

(14) Where neither a sidewalk nor a shoulder is available, any pedestrian walking on or along a highway shall walk as near as practicable to an outside edge of the roadway, and, if on a two-way roadway shall walk only on the left side of the roadway.

(15) Except as otherwise provided in this chapter, any pedestrian upon a roadway shall yield the right-of-way to all vehicles upon the roadway.

(16) A pedestrian who is under the influence of alcohol or any kind of drug to a degree which renders himself a hazard shall not walk or be upon a highway except on a sidewalk.

(17) No pedestrian shall enter or remain upon any bridge or approach thereto beyond the bridge signal, gate, or barrier, after a bridge operation signal indication has been given.

(18) No pedestrian shall pass through, around, over, or under any crossing gate or barrier at a railroad grade crossing or bridge while such gate or barrier is closed or is being opened or closed.

(19) No person shall stand in a roadway for the purpose of soliciting a ride.

(20) No person shall stand on a roadway for the purpose of soliciting employment or business from the occupant of any vehicle.
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(21) No person shall stand on a highway for the purpose of soliciting contributions unless such soliciting is designated by the presence of a traffic control device or warning signal or an emergency vehicle or public safety vehicle as defined in KRS 189.910 making use of the flashing, rotating or oscillating red, blue, or yellow lights on such devices or vehicles.

(22) No person shall stand on or in proximity to a street or highway for the purpose of soliciting the watching or guarding of any vehicle while parked or about to be parked on a street or highway.

(23) Upon the immediate approach of an emergency vehicle equipped with, and operating, one (1) or more flashing, rotating, or oscillating red or blue lights, visible under normal conditions from a distance of 500 feet to the front of such vehicle, and the operator of which is giving audible signal by siren, exhaust whistle, or bell, every pedestrian shall yield the right-of-way to the emergency vehicle.

(24) This section shall not relieve the operator of an emergency vehicle from the duty to drive with due regard for the safety of all persons using the highway nor from the duty to exercise due care to avoid colliding with any pedestrian.

KY Rev. Stat. 189.570 Pedestrians (Kentucky Revised Statutes (2022 Edition))