A pedestrian has no protection when a driver fails to pay attention. Even a low-speed collision can leave someone with broken bones, a brain injury, or a spinal cord injury. If you or a loved one was hit by a vehicle in Lexington or anywhere in Fayette County, the Lexington pedestrian accident attorneys at Portner & Shure can help. We have handled personal injury claims across Kentucky for more than 30 years.
Common Causes of Pedestrian Accidents Around Lexington
Lexington’s downtown, campus areas, and busy commercial roads see heavy foot traffic where a distracted driver can cause serious harm. Most pedestrian collisions come down to driver negligence. The cases we see in the Lexington area often involve:
- Drivers failing to yield to pedestrians in a crosswalk
- Distracted driving, including texting behind the wheel
- Speeding and running red lights or stop signs
- Drivers turning without checking for people in the intersection
- Backing out of driveways and parking lots without looking
- Impaired driving
Kentucky’s Rules of the Road for Pedestrians
Kentucky law requires drivers to exercise care to avoid hitting pedestrians and to yield the right of way to a pedestrian lawfully in a crosswalk. Pedestrians must also follow the rules, using crosswalks where available and obeying traffic signals. When a driver or a pedestrian violates these rules, that fact is often central to how responsibility for the crash is decided.
Injuries and Damages
Because a pedestrian has nothing between them and the vehicle, injuries are frequently severe: traumatic brain injuries, spinal cord damage, broken limbs, internal injuries, and permanent disfigurement. Depending on the facts, you may be able to pursue compensation for medical expenses, future medical care, lost wages and reduced earning capacity, and pain and suffering.
Kentucky’s Comparative Fault Rule
Kentucky follows a pure comparative fault rule. If you are found partly at fault — for example, for crossing mid-block — your recovery is reduced by your percentage of fault rather than barred entirely. That is very different from some neighboring states, and it means you may still recover even when the driver’s insurer tries to shift some blame onto you.
How Long Do I Have to File? Kentucky’s Statute of Limitations
Because a pedestrian struck by a vehicle is covered by the vehicle’s no-fault benefits, Kentucky generally gives you two years to file a pedestrian injury lawsuit — running from the date of the accident or the date of the last no-fault (PIP) benefit payment, whichever is later (KRS 304.39-230). Missing the deadline typically means losing your right to pursue compensation, and when the clock starts can depend on the facts, so it is wise to get case-specific guidance early. Claims in Fayette County are generally pursued through the Fayette County Circuit Court.
How Our Lexington Pedestrian Accident Attorneys Can Help
Insurance companies routinely argue that the pedestrian “came out of nowhere” and defend these claims aggressively. You should not face them alone. Our team moves quickly to preserve evidence, identify witnesses, and reconstruct how the crash happened, then pushes for fair compensation. We work on a contingency basis, which means there is no fee unless we recover for you.
We Can Help If English is Not Your First Language
Our firm serves a diverse community, and we have team members who speak Spanish and Korean. We can discuss your case in a language you are comfortable with so nothing is lost in translation.
Contact Our Lexington Pedestrian Accident Attorneys Today
If you were hurt in a pedestrian accident in Lexington or anywhere in Fayette County, contact Portner & Shure for a free consultation. There is no fee unless we recover compensation for you.
Other Injury Cases We Handle in Lexington
- Lexington Car Accident Lawyers
- Lexington Truck Accident Lawyers
- Lexington Motorcycle Accident Lawyers
- Lexington Personal Injury Lawyers
- Lexington Wrongful Death Lawyers
- Lexington Premises Liability Lawyers
- Lexington Bicycle Accident Lawyers
- Lexington Dog Bite Lawyers
- Lexington Brain Injury Lawyers
- Lexington Spinal Cord Injury Lawyers
- Lexington Medical Malpractice Lawyers
- Lexington Nursing Home Abuse Lawyers
- Lexington Bus Accident Lawyers
