Pedestrian Accident Lawyers

When a 4,000-pound vehicle strikes a human being, the results are catastrophic. Pedestrians suffer the most severe injuries on our roads—traumatic brain injuries, spinal cord damage, and shattered bones—often caused by a driver who was "just looking down for a second."

At Freeman Childers, we represent the most vulnerable victims on the road. Whether you were walking your dog in a quiet Corbin neighborhood, crossing a busy intersection in Lexington, or walking on the shoulder of a rural road in Tennessee, we know that drivers have a duty to watch out for you.

The "Jaywalking" Myth

Insurance adjusters love to deny claims by saying, "He wasn't in a crosswalk." This is not an automatic "Get Out of Jail Free" card for the driver. Drivers have a duty to avoid hitting pedestrians even ifthe pedestrian is crossing illegally.

• The "Last Clear Chance": If the driver had time to see you and stop, but was texting or speeding, they are liable—regardless of where you were walking.

• Unmarked Crosswalks: In many places, every intersection is a legal crosswalk, even if there are no painted lines.

KY vs. TN: The "Fault" Trap

This is the most critical legal distinction for pedestrians in our region. Your ability to get paid depends on which state you were walking in.

In Kentucky: Pure Comparative Negligence

Kentucky is a "Pure Comparative" state.

• What it means: You can recover money even if you were partially at fault.

• Example: If a jury finds you were 90% at fault for jaywalking in dark clothes, but the driver was 10% at fault for speeding, you can still collect that 10% of your damages. You are never completely barred from justice.

In Tennessee: Modified Comparative Negligence

Tennessee is a "50% Rule" state.

• What it means: If a jury decides you were 50% or more at fault, you get $0. Nothing.

• The Strategy: The insurance company will fight hard to pin at least 50% of the blame on you to avoid paying a dime. We aggressively gather evidence (traffic cams, black box data) to prove the driver was the primary cause of the crash.

Common Accident Scenarios

• The "Left-Hook": You have the "Walk" signal. A driver turning left is looking for oncoming cars, not you, and accelerates directly into the crosswalk.

• School Zone Violations: Drivers speeding through school zones in Laurel or Whitley counties while children are present.

• Parking Lot Back-Overs: Shoppers in large SUVs backing out without checking their cameras/mirrors.

• Shoulder Accidents: In rural areas without sidewalks (like KY-92), pedestrians have a legal right to walk on the shoulder facing traffic. Drivers often drift onto the shoulder and strike them.

Child Pedestrian Injuries

When a child is hit, the law is different.

• The "Tender Years" Doctrine: Children are not expected to have the same judgment as adults. A driver in a residential neighborhood must anticipate that a child might run into the street and drive slowly enough to stop.

• Dart-Out Cases: Even if a child runs out from behind a parked car, we investigate if the driver was speeding. If they were going the speed limit, they might have been able to stop in time.

Hit by a Car?

Your medical bills are piling up. Don't let the driver blaming you for "being in the way." Call 606-528-1000 immediately.