Archive for July, 2013

Common Questions about Kansas Pedestrian Accidents [Part II]

Monday, July 15th, 2013

This is the second half of our two-part blog post that answers common inquiries that we receive about pedestrian accidents in Kansas.  While motor vehicle collisions are inherently dangerous, pedestrians that are struck by a motor vehicle face a risk of serious injury and wrongful death that is exponentially higher than vehicle occupants.  While we have attempted to respond to many of the general questions we receive about pedestrian accidents, the best solution if you are looking for information specific to your situation is to speak to an experienced Kansas pedestrian accident lawyer at Cummings and Cummings.

Is the driver always liable if they strike a pedestrian?

This is a complex question because there are scenarios where a pedestrian’s actions contribute to a pedestrian-car crash.  The prototypical example is the “darting child, but insurance companies often defend cases based on the theory that almost every pedestrian accident involves someone darting into traffic.  The reality is that drivers have a legal duty to drive with reasonable care to avoid pedestrians especially in areas where it is reasonable to expect pedestrians to be present such as near intersections, school zones and the like.  Even if the insurance company for the driver contends that a pedestrian is partially responsible for his or her own injuries, this will not necessarily negate a pedestrian’s ability to recover.  This defense known as “comparative negligence” does not bar recovery by the pedestrian injury victim unless the pedestrian is more at-fault than the driver.  However, any fault assigned by the judge or jury to the pedestrian may reduce the amount of recovery in proportion to the percentage of fault assigned to the pedestrian.

Are pedestrian accident cases involving children treated the same as when the victim is an adult?

Depending on the age of the child, kids may not be held to the same standard of care for their own safety as adults who have more experience and maturity when crossing the street or walking in the vicinity of traffic.  Further, adult drivers who are traveling in an area where they should expect children to be present and/or to be playing, such as residential neighborhoods, parks and school zones may be held to a higher standard of care.

What types of damages are recoverable when a person is injured in a pedestrian accident in Kansas?

The specific damages and value of your claim will be based on the unique facts of your case.  Many Kansas pedestrian accident lawyers offer a free consultation so that they can evaluate your case and provide a preliminary assessment of the potential value of the claim.  Generally, the more severe and permanent the injuries the greater the value of your pedestrian accident claim.  Some of the types of damages that may be available in a pedestrian accident lawsuit in Kansas include:

  • Lost wages and diminished earning capacity
  • Pain and suffering
  • Medical and rehabilitation expenses
  • Compensation for impaired enjoyment of life
  • Loss of consortium

This is not a complete list of damages that may be available and not all of these types of damage be available in every pedestrian accident case in Kansas so we urge you to contact us for information more specific to your pedestrian accident claim.

Our Kansas pedestrian accident attorneys at Cummings and Cummings know that negligent drivers pose a serious hazard for those walking for exercise, transportation or recreation.  If you are injured in a pedestrian collision, our dedicated team of Kansas pedestrian accident lawyers work diligently to obtain the compensation our clients need to rebuild their lives.  We have over 30 years of combined litigation experience so contact us today at 316-264-1548 to learn about your rights and options.

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Common Questions about Kansas Pedestrian Accidents [Part I]

Friday, July 5th, 2013

Motor vehicle accidents cause enormous hardships for both injury victims and their families every year.  Collisions involving cars and other vehicles can cause permanent injury and wrongful death to drivers and passengers.  However, pedestrians face a unique risk because they do not benefit from the protections of being enclosed in the steel frame of a vehicle or safety equipment like seatbelts and airbags.  Pedestrian accidents often result in catastrophic injuries that cause brain damage, loss of cognitive functioning, impaired mobility, paralysis and other life-altering consequences that permanently impact a pedestrian’s quality of life and ability to live independently.  Because pedestrian accidents often result in especially serious consequences, our Kansas pedestrian accident attorneys have provided answers to commonly asked questions about these potentially fatal vehicle collisions in this two-part blog post.

Aren’t pedestrian accidents fairly unusual?

While many people presume that pedestrian collisions are unusual, almost 70,000 people are injured and more than 4,200 die annually in the U.S. when motor vehicles and pedestrians cross paths.  Put another way, there is a person injured in a pedestrian crash every 8 minutes while a person is killed every two hours in a pedestrian accident.  The lack of protection afforded to pedestrians exposes those walking, jogging and running to 1.5 times the risk of being killed in a motor vehicle collision than a vehicle occupant.

Are there certain groups of people that are most at-risk of being involved in a pedestrian crash?

Although anyone who is “hoofing it” can be the victim of a distracted, alcohol impaired or speeding driver at an intersection, there are certain populations of people that are more likely to be involved in a pedestrian crash.  Kids and seniors are the age groups most likely to suffer injury or death in a pedestrian crash.  During a recent twelve month period, the elderly accounted for 19 percent of all pedestrian fatalities whereas kids between the ages of 5 and 9 accounted for twenty percent of all pedestrian deaths in motor vehicle accidents in the U.S.  Seniors may be more at-risk because of declining vision or hearing that impair their ability to detect approaching vehicles.  They also may take longer to cross the street so that they are exposed to the risk of being hit by a driver for a longer period.  Kids may lack the experience or judgment to assess the danger posed by running out into the street.  Further, the ability to judge time and distance may be more limited for kids who have had less opportunity to engage in such judgments because the do not drive.

There also have been studies that reveal minorities who live in lower income areas are also more prone to being the victim of a pedestrian accident.  The rationale for this increased risk is that low-income individuals are more likely to walk as a means of transportation or to need to walk to catch public transportation.  Many low-income areas are also located in close proximity to busy roads with few pedestrian safety features.

Our Kansas pedestrian accident attorneys at Cummings and Cummings know that negligent drivers pose a serious hazard for those walking for exercise, transportation or recreation.  If you are injured in a pedestrian collision, our dedicated team of Kansas pedestrian accident lawyers work diligently to obtain the compensation our clients need to rebuild their lives.  We have over 30 years of combined litigation experience so contact us today at 316-264-1548 to learn about your rights and options.

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