Hurt in a Car Versus Pedestrian Auto Accident?

Our injury attorneys fight for maximum compensation for your injuries

Pedestrians shouldn’t have to worry about a negligent driver running them over.  Drivers should be aware of their surroundings and should be keeping a lookout for pedestrians at all times.  Injured pedestrians deserve to be fully compensated for their injuries and damages when they are due to a negligent driver. PISTOTNIK LAW fights for you to get you the most possible to fully compensate you for your injuries and damages.

Pedestrians struck by cars or trucks are at risk serious injury or even death. Pedestrians are exposed with little protection when struck by a vehicle. Pedestrians have the right of way under most conditions. Kansas law states that both the driver and the pedestrian have a responsibility to be cautious around each other, however.

Pedestrian’s have the the right of way while:

• Walking in crosswalks
• Crossing the street with the walk signal
• While on sidewalks or walkways adjacent to the streets

Driver’s duties include:

• Keeping a proper lookout
• Maintaining control of the vehicle
• Traveling at an appropriate speed based on activity and hazards
• Stopping and yielding to pedestrians while making a right turn on a red light
• Using turn signals
• Paying attention to road conditions
• Yielding to pedestrians in crosswalks

When children are pedestrians, the motorist carries a greater responsibility for the safety of children. Children’s actions are unpredictable, making it more important for drivers to be more cautious around children.  Kansas comparative fault laws place a higher duty on adults as compared to children when a child is struck by a vehicle.

What Special Laws Apply To Pedestrians?

“The laws of Kansas provide that a pedestrian shall obey the instructions of any official traffic-control device or pedestrian control signals specifically applicable to him/her unless otherwise directed by a police officer.” Pattern Instruction of Kansas 121.37.  As soon as you step out of your vehicle, you become a pedestrian.  As a pedestrian you are subject to pedestrian traffic laws and have the same responsibilities to obey traffic laws as do motorists.

There are some specific laws that are directed to pedestrians.  Pedestrians’ right of way depends on the circumstances.  When at a crosswalk without signals, the driver of a vehicle shall yield the right of way, slowing down or stopping to yield to a pedestrian crossing the roadway within a crosswalk when the pedestrian is upon the half of the roadway upon which the vehicle is raveling, or when the pedestrian is approaching so closely from the opposite half of the roadway as to be in danger.  If a vehicle is stopped at a crosswalk for a pedestrian, the driver of any other vehicle approaching from the rear shall not overtake and pass the stopped vehicle.  When there are pedestrian control signals, pedestrians have the right of way over vehicles when the pedestrian has a flashing or steady walk or walking person sign.  When there are traffic control lights, pedestrians facing any green signal may proceed across the roadway within any marked or unmarked crosswalk, unless the sole green signal is a turn arrow.  However, “The laws of Kansas provide that 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.”  Pattern Instructions of Kansas 121.38.

The Kansas Driver’s Handbook describes situations involving pedestrians wherein drivers of vehicles need to be careful.  Examples include:

1. You must yield to pedestrians always.  Even if they are not in a crosswalk and crossing the street where they should not be(also known as jaywalking), you must stop for them.
2. You must always yield the right-of-way to persons who are visually impaired.  When a pedestrian is crossing a street guided by a dog or carrying a white cane, you must come to a complete stop.
3. Even when you are facing a green light, you must yield the right-of-way to all pedestrians in the intersection.  You can oly assume right-of-way when your intended path is clear.
4. When preparing to make a left turn or U-turn, check for pedestrians in your path even if you have a green arrow.
5. As you prepare for a right turn, especially on a red traffic signal, be cautious of pedestrians approaching on your right.
6. When approaching a stopped vehicle from behind, slow down and do not pass until you are sure that there are no pedestrians crossing in front of it. This is true even on multi-lane roads.
7. Always check for pedestrians in your path before backing, especially in shopping centers or places where there are many pedestrians.
8. Be careful in school, playground, and residential areas where children could run out from between parked vehicles. It is a good idea to drive slower than the speed limit in these areas and be prepared to stop quickly.
9. In a school zone when lights are flashing or children are present, you must obey a slower speed limit.  At a school crossing where there is traffic patrol, stop and yield if you are signaled to do so.

What Should I Do If I’M Hurt in a Pedestrian Accident?

After the wreck, be sure to call the police to have them investigate the collision.  If hurt, it is recommended to have an ambulance come evaluate whether you need to go to the emergency room.  If not sure about the extent of your injury, it is better to at least get checked out at the hospital. Make sure the investigating officer provides you with the Wichita Police Department Accident Information Exchange Form with the other driver’s information and insurance information.

If you’re able, you can help document your case by taking pictures of the accident scene, any visible signs of injury, and gathering witness information. You should also exchange contact information with the driver who hit you.

If you have any symptoms, get medical attention as soon as possible. Some injuries surface later, especially whiplash, soft tissue injuries, concussions, and internal injuries. A thorough medical evaluation may reveal an injury that is not apparent and a doctor can begin treatment to prevent the injury from worsening. A prompt diagnosis helps prove the relationship between your injury and your pedestrian accident.

Even if your vehicle was not involved, you should notify your auto insurer of your injuries. Under the Kansas no fault laws, you will be eligible to get Personal Injury Protection benefits from your own insurer, which will help pay your initial medical bills and wage loss.  If you don’t own a vehicle, these benefits will be provided by the insurer of the vehicle that hit you. Don’t provide the insurer with a recorded statement unless your attorney prepares you prior to starting the recording. Don’t admit fault or make statements that could be interpreted as admitting fault. Speak to an experienced Wichita pedestrian accident injury lawyer at PISTOTNIK LAW as soon as possible. We will offer free advice to let you know rights and let you know what steps to take next.

What Is My Case Worth If I Was Hit By a Vehicle?

Determining a settlement for a pedestrian versus car wreck can be difficult. There is no mathematical equation or formula (especially for determining damages like pain and suffering) and determining the value of your claim requires the help of an experienced injury attorney. However, the severity of your injuries, the amount of your medical bills and wage loss, and the circumstances surrounding your pedestrian accident will partially determine your settlement.  If you need future medical treatment or if you have ongoing wage loss, that also comes into play.

The injury attorneys at PISTOTNIK LAW will calculate the total damages you have suffered and we will demand fair compensation. This calculation also will factor in damages such as pain and suffering, mental anguish, disability, disfigurement, loss of time, inconvenience, loss of enjoyment of life, and loss of consortium for your spouse.

When Can I Get a Settlement for My Pedestrian Accident Claim?

The amount of time to conclude your pedestrian accident claim varies from case to case. There are many factors, some of which include how long you treat, how long it takes to gather your medical records and bills, and how much insurance is available through the other driver’s insurer as well as your own.  It often depends on the severity of your injuries, the speed of insurance adjusters involved, the negotiation process, and whether liability is uncontested.

Settlements often aren’t finalized until injured pedestrians complete medical treatment. As your medical bills and wage loss continue to get higher, so does the value of your case.  You wouldn’t want to settle before you know how much your damages are.

I Was Hit By a Car. Do I Need a Lawyer?

You need to know your rights. Some insurance companies talk to you soon after the wreck and make quick low settlement offers.  Be careful, if you accept a low amount with the insurance adjuster, the laws in Kansas provide that a verbal agreement to settle is binding. Our injury attorneys at PISTOTNIK LAW offer to review the details of your accident and go over your legal options for free. We will answer all of your questions and make sure you are fully informed of your legal options.  There are statistics from insurance companies that they have to pay as much as three times more on average for a claim when an injury attorney is involved.

We have handled many pedestrian versus car wrecks that have injured pedestrians and we know what needs to be done to prove both aspects of your case—fault of the driver and maximizing the value of your damages.

Recovering compensation can be difficult.  Insurance companies spend a lot of money training their adjusters on how to try to pay as little as possible and on things to look for in each case to try and minimize your claims.

Our injury attorneys know the tactics that insurance companies use. We fight back. Our injury attorneys know how to handle your pedestrian versus vehicle accident to prove fault on the driver and to prove your damages. We work hard gathering the evidence needed to convince the insurance adjuster of the real value of your case.

We build strong cases that insurance adjusters must acknowledge.We are not interested in making quick deals and instead will fight for you to get maximum compensation.

When Should I Hire an Attorney?

You should get legal advice as soon as possible following your wreck.  We offer a free consultation and it is no obligation.  We give free advice.  We help you get quality medical care.   We handle all of the annoying calls, texts and emails with the multiple insurance adjusters who are working to minimize the value of your case.

When you hire us, there are no upfront fees or other charges you need to pay. We work on a contingency fee basis. We pay all the costs that are involved in proving your case. You owe us nothing unless we get you a settlement that you approve. If you don’t win, we don’t get paid.

If you were injured in a pedestrian versus vehicle accident in Wichita or Kansas, you need an experienced injury attorney with experience that gets results. Contact the bike wreck injury attorneys at PISTOTNIK LAW to schedule a free consultation. If you can’t make it to our office, we can meet at your home, hospital room or other location that is more convenient for you.  If you want to do it by phone, we can do that to.  We work to make it easy for you.