Car accident in the street

Hit and Run Accident Kills Pedestrian in Louisville: How To Determine Who Is at Fault in A Pedestrian v. Car Collision

Matthew Troutman Jan. 19, 2023

Early in the morning on Sunday, January 15, 2023, a pedestrian crossing the street in a crosswalk in downtown Louisville, Kentucky was killed by a hit and run driver. Louisville Metro Police have reported that a maroon Dodge Challenger struck a pedestrian at the intersection of 3rd Street and Jefferson Street and left the scene of the accident. The pedestrian died and now the driver of the vehicle has put himself at risk for serious criminal charges by leaving the scene of the accident. To learn more about a Kentucky’s driver’s responsibilities after an accident, click here.

How Do We Determine Fault in A Pedestrian v. Automobile Accident?

At most intersections controlled by a traffic light, there is a crosswalk where pedestrians are supposed to walk when crossing a street. In the Louisville accident described above, the pedestrian was reported to be in the crosswalk at the time of the accident. Does the fact that the pedestrian was in the crosswalk absolve him or her from responsibility in causing the accident? Certainly not, if the vehicle had the green light and/or the pedestrian was crossing the street against a pedestrian light that said not to cross. However, if the pedestrian was crossing when he or she had the green light and they are in the crosswalk, then liability should be 100% on the driver of the car or truck.

If the pedestrian had not crossed within the crosswalk, does that make the pedestrian responsible for causing the accident? Not necessarily. If the vehicle entered the intersection against a red light or on the wrong side of the road, then the driver of the vehicle should be responsible for the accident, because right of way is the most important factor in determining the cause of accidents. At the same time, pedestrians and operators of vehicles all have a duty to keep a proper lookout and they must see what they should see if they are keeping a proper lookout for any hazard.

Kentucky Has Lots of Rules for Pedestrians Using Streets and For Motor Vehciles that Encounter Them

KRS 189.570 establishes the rules of conduct for pedestrians using the roadways and the conduct of both pedestrians and operators of vehicles when they meet on Kentucky roadways. Pedestrians must yield to vehicles if they are not in a crosswalk, they must obey crosswalk signals, they must walk on a sidewalk if available and if not they must not walk near the edge of the roadway. Operators of vehicles must yield to pedestrians in a crosswalk, they must yield to pedestrians where traffic control devices are not in place, and they must not pass another vehicle that is stopped at a crosswalk.

There are many other specific rules for pedestrians and operators of vehicles, but it must be remembered that a violation of one of these rules means that a duty has been violated, but it does not follow that responsibility for the accident is solely with that person. All pedestrians and operators of vehicles have the responsibility to keep a proper look out and avoid contact with each other no matter the circumstances.

Contact Louisville Auto Accident Attorney

The circumstances involved in the pedestrian v. vehicle accidents as described above, will require the services of an experienced Louisville auto accident attorney to investigate and locate all available evidence to determine liability and to maximize all insurance benefits available to the victim in this auto accident. Matthew Troutman, Louisville auto accident lawyer, of the Troutman Law Office has been handling auto accident claims, almost exclusively, since 1986 and has the experience and talent to obtain the best result for the victims in the above car accident. It is very likely that the at fault driver will not have enough insurance to fully compensate the victim’s estate, and, therefore, it will be important for there to be underinsured motorist benefits available to the victims.

If you need legal assistance due to a motor vehicle accident, contact Louisville auto accident attorney Matthew Troutman directly at 859-696-0001 or 502-648-9507 and he will meet with you in the hospital, your home or wherever is convenient for you. He will give you direct access through his cell phone and guide you through the difficult process necessary to obtain the best result possible for you in your car accident claim. To learn more about the Troutman Law Office, click here.