Pedestrian accidents can be devastating, often resulting in severe injuries and significant financial burdens. Understanding your legal rights is crucial if you or a loved one has been involved in such an incident. At Brian & Brian Pistotnik Law, our compassionate team guides you every step of the way. It is crucial that you do NOT provide the insurance company with a statement, as these definitely can hurt your case. Here are three essential laws that your pedestrian accident lawyer in Wichita wants you to know.
1. Kansas Right-of-Way Laws (8-1533 and 8-1534)
Understanding Pedestrian’s Crosswalk Rights
One of Kansas’s fundamental laws protecting pedestrians involves right-of-way rules at crosswalks. According to Kansas Statutes 8-1533 and 8-1534, drivers must yield to pedestrians crossing the street within any marked or unmarked crosswalk at intersections.
This law protects pedestrians’ safety by prioritizing their movement over vehicles. However, pedestrians must also exercise caution and not suddenly step into the path of a car when it is too close to stop safely.
Crossing Outside Crosswalks
When pedestrians cross outside crosswalks, they must yield the right-of-way to all vehicles on the roadway. This means that if you cross the street at any point other than a designated crosswalk, you must ensure that it is safe and that no vehicles are approaching that would pose an immediate hazard.
2. Driver’s Duty of Care (8-1535)
Drivers’ Responsibilities
Kansas law mandates that all drivers exercise due care to avoid collisions with pedestrians. Statute 8-1535 explicitly requires drivers to take necessary precautions when they see a pedestrian, which includes slowing down, stopping, or taking evasive actions to prevent an accident. This duty of care is particularly emphasized when drivers encounter children, elderly individuals, or visually impaired individuals. Drivers also have to keep a proper lookout for pedestrians.
Importance in Legal Claims
The duty of care is critical in legal claims involving pedestrian accidents. When a driver fails to exercise this duty and causes an accident, they can be held liable for the pedestrian’s injuries and other damages. If you have been injured as a pedestrian, documenting the circumstances of the accident and gathering evidence to show that the driver did not uphold their duty of care can significantly strengthen your case.
3. Kansas Comparative Fault Rule
Kansas operates under a comparative fault rule, which can significantly impact the outcome of your pedestrian accident claim. According to this rule, your compensation can be reduced based on the percentage of fault attributed to you.
Can Pedestrians Be Held At Fault?
If you are found to be 50% or more at fault for the accident, you will not recover any compensation for your injuries. Factors like jaywalking or crossing against a traffic signal can contribute to your fault percentage. If you are 49% or less at fault, you are allowed to recover for your damages, but your damages get reduced by your percentage of fault.
Importance of Evidence
Given the comparative fault rule, gathering evidence to demonstrate the driver’s negligence is crucial. Evidence such as eyewitness statements, traffic camera footage, and police reports can help establish the driver’s liability and maximize your compensation.
Do Personal Injury Protection (PIP) Support Pedestrians?
What Are PIP Benefits?
In Kansas, Personal Injury Protection (PIP) benefits are crucial to auto insurance policies. These benefits cover medical expenses, lost wages, and other economic losses from an accident, regardless of who was at fault. PIP benefits can be a lifeline for pedestrians involved in accidents, helping cover immediate medical costs and providing financial relief during recovery.
How to Access PIP Benefits
If you have been hit by a vehicle while walking, you may be eligible for PIP benefits through your auto insurance policy. The at-fault driver’s insurance policy generally covers these benefits if you don’t own a car. Our pedestrian accident lawyers in Wichita can help you navigate the complexities of filing a PIP claim to help ensure you receive the compensation you deserve.
Ready to Take Action? Call Us
Understanding these essential laws can empower you to take the necessary steps following a pedestrian accident. If you or a loved one has been injured, it’s essential to consult with pedestrian accident lawyers in Wichita. At Brian & Brian Pistotnik Law, we are dedicated to helping you secure the compensation you need to recover and move forward.
Be aware that there are pedestrian versus car wrecks where it appears the pedestrian was clearly in the wrong. Despite this, we have handled many of these cases where we have successfully been able to recover from the driver’s insurance company under their liability coverage. Talk to us to learn more!
For a free consultation, contact us today at 316-689-8035 or contact us online. Don’t face this challenging time alone — our compassionate team is here to support you every step of the way. Take control of your recovery and protect your rights with Brian & Brian Pistotnik Law.