Your Advocates When a Car Strikes a Pedestrian or Bicyclist
If you are struck while walking or bicycling, Crandall & Pera Law’s Kentucky auto accident attorneys are there for you
In Kentucky, as in many other states, bicycles are considered vehicles and are subject to most of the same traffic regulations as cars. Pedestrians too are subject to specific regulations when they enter upon or walk along roadways. Kentucky is also a “comparative negligence” state in which each party’s damages or compensation is determined by the degree to which they contributed to an accident.
Because pedestrians and bicyclists do not have an unqualified right of way over motor vehicles, a personal injury case may be complex, and the services of a skilled, experienced Kentucky bicycle accident lawyer from Crandall & Pera Law can make all the difference in its outcome. Crandall & Pera Law has expertise in representing the rights of bicyclists and pedestrians.
Which traffic regulations govern bicyclists?
With very few differences, bicycles are treated in the same manner as cars and trucks. The applicable regulation, 601 KAR 14:020, requires that a bicycle be operated “in the same manner as a motor vehicle,” including:
- Obeying all traffic rules applicable to vehicles
- Keeping to the right side of the road
- Not carrying packages, bundles, or articles that prevent the rider from keeping at least one hand on the handlebars
- Not carrying more persons than the number for which the bicycle is designed
- Riding as near to right side of the roadway as practicable
- Exercising due care when passing a standing vehicle or one proceeding in the same direction
- Riding not more than two abreast in a single lane
- Riding bicycles equipped with proper front and rear lights and reflectors during hours of darkness
- Having an audible horn, bell or similar warning device
Which traffic regulations govern pedestrians?
Section 189.570 of Kentucky’s statutes makes it clear that, with the exception of the blind and those in wheelchairs, pedestrians do not have an unqualified right of way, and have certain statutory duties and responsibilities when interacting with traffic. For example, they may not:
- Suddenly leave a curb or place of safety and walk or run into the path of a vehicle
- Cross an intersection diagonally (“J-walk”)
- Walk in the roadway if a sidewalk is available
- Walk on the right-hand side of a two-lane highway (i.e., with their backs to traffic)
- Stand on a street or roadway for the purpose of soliciting a ride (hitchhiking)
In fact, a pedestrian walking along a highway, or crossing a highway where there are no traffic controls, must yield the way to motor vehicles at all times.
What causes pedestrian and bicycle accidents?
Careless pedestrians and bicyclists sometimes contribute to the accidents in which they are injured, but most of the time responsibility belongs to negligent drivers who fail, for some reason, to pay proper attention to the traffic environment. Among the principal causes are:
- Drunk or impaired driving
- Failing to observe traffic signs
- Encroaching on marked bicycle lanes
- Encroaching on safety zones
- Cutting in front of a bicyclist when making a turn
- Passing a vehicle that has stopped to let a pedestrian or bicyclist cross
- Failing to signal lane changes
- Failing to yield the right of way to pedestrians in walkways
If you are a bicyclist or a pedestrian injured in a crash with a motor vehicle, you should seek legal advice as soon as possible. A qualified Kentucky bicycle accident attorney can help by being the point of contact between you and the driver’s insurance company and legal counsel, and can oversee the collection and evaluation of all the medical information and investigative reports related to your claim.
Crandall & Pera Law advocates for bicyclists or pedestrians struck by cars
When an accident occurs in a “comparative negligence” state such as Kentucky, one of Crandall & Pera Law’s attorneys can advocate for the proper apportionment of responsibility, consistent with the facts of the case. Your accident and injury are important to us. Please let us help, by calling us at 877-686-8879 or fill out our contact form to schedule a free, no-obligation consultation with a qualified Kentucky auto accident lawyer. Our attorneys represent clients in Lexington, Louisville, and throughout Kentucky.