Pedestrian Accident Attorney in Sedgwick County, Kansas

Unfortunately, the carelessness or negligence of motor vehicle drivers and other motorists can cause traffic accidents or injuries to pedestrians. However, pedestrian accidents often result in minor or major injuries, hospitalization, incapacitation, being unable to work, or even death. f you or someone close to you were hurt in a negligent pedestrian accident, you may be entitled to pursue financial compensation through an injury claim or lawsuit. 

At Hess Law LLC, I understand how challenging these times can be. As a highly experienced Kansas personal injury attorney, I can give compassionate legal assistance and explore your possible legal options to recover damages. In addition, I will fight for your rights and attempt to seek the maximum possible compensation for your injuries, damages, or losses. 

My firm – Hess Law LLC – proudly serves clients across Wichita, Kansas, and the surrounding areas throughout Sedgwick County. 

Kansas's Pedestrian Right of Way Law 

The following are some right-of-way laws in the state of Kansas that will reduce or prevent traffic crashes: 

• Motorists must yield the right-of-way to pedestrians on a sidewalk. 

• Motorists must yield the right-of-way to blind pedestrians accompanied by a guide dog or carrying a clearly visible white cane. 

• Motorists must yield the right of way to pedestrians at unmarked or marked intersections. 

• In the interest of safety, motor vehicle drivers must yield the right of way to pedestrians crossing the street illegally. 

Pedestrian's Responsibilities    

Duties and responsibilities of pedestrians in Kansas include the following: 

• Pedestrians must only cross the roadway in a marked crosswalk. 

• Pedestrians must observe all traffic control signals and crosswalk signs. 

• Pedestrians are prohibited from standing in a roadway to solicit a ride. 

• Whenever practicable, pedestrians must move upon the right half of crosswalks. 

• It is irresponsible for a pedestrian to leave a safety zone or curb abruptly and run or walk into an oncoming motor vehicle's path if it would cause immediate danger. 

• Pedestrians must yield to emergency vehicles. 

• Unless authorized by official traffic-control devices, pedestrians are prohibited from crossing a roadway intersection diagonally. 

Driver's Responsibilities   

Also, it is important for drivers to recognize what they can do to prevent pedestrian accidents. The following are rules and responsibilities of Kansas drivers: 

• Drivers must exercise right-of-way to the pedestrian on half of the roadway. 

• All drivers must exercise due care and drive carefully to avoid hitting pedestrians. 

• No vehicle coming from the rear must overtake a car that stops at a marked or unmarked crosswalk for a pedestrian to cross the road. 

• Drivers must yield the right-of-way to pedestrians crossing the roadway in a crosswalk when a traffic control signal is unavailable.  

If a driver's negligence or failure to exercise due care results in a pedestrian accident, they will be held responsible for injuries and damages sustained by the pedestrian. 

Fault Determination 

Additionally, Kansas is a no-fault state for personal injury and pedestrian accidents. Under the state's no-fault system, regardless of the at-fault party, each victim will turn to their own insurance policy (Personal Injury Protection (PIP) coverage) to seek medical benefits, wage loss, and other accident-related financial losses, up to the coverage limits. 

What's more, in Kansas, the PIP coverage will offer the following minimum benefits, including: 

• $4,500 per individual for medical expenses 

• $4,500 for rehabilitation expenses 

• $900 per month for wage loss (up to 12 months or $10,800 total) 

• $25 per day for essential in-home services (up to 365 days or $9,125 total) 

• $2,000 for the burial, funeral, or cremation expenses.  

Pedestrians who do not have PIP coverage may file a claim under the driver's insurance policy. Alternatively, you can step outside the no-fault system and file a third-party claim or lawsuit against the at-fault party if: 

• you have exceeded the limits of your PIP coverage for medical expenses, and 

• you sustained "serious injuries" from the pedestrian accident. 

According to Kansas law, a serious injury is any injury that causes: 

• Permanent injury 

• Permanent loss of a body function or organ. 

• Permanent disfigurement 

• Compressed, compound, or displaced bone fracture 

• Fracture of weight-bearing bone  

An experienced Kansas pedestrian accident attorney can explore your possible options to pursue compensation and help you seek the financial justice you deserve. 

Statute of Limitations 

Furthermore, the statute of limitations for pedestrian accident cases in Kansas is two (2) years from the date of the incident or injury. This means that you must bring a civil action to recover damages for your pedestrian accident injuries within two years of the date the accident or injury happened. 

Damages Available 

The following damages may be recovered by filing a pedestrian accident claim in Kansas: 

• Medical expenses, including the cost of ongoing and future medical treatments. 

• Lost wages or income and other benefits. 

• Reduced earning capacity. 

• Rehabilitation and other therapies. 

• Damaged property repair or replacement. 

• Disability expenses. 

• Loss of function of a body part or organ. 

• Disfigurement and scarring. 

• Compensation for physical pain, discomfort, and suffering. 

• Mental anguish or emotional distress. 

• Punitive damages to punish the at-fault party for their willful or wanton conduct. 

• Wrongful death damages, where applicable.  

A dedicated attorney can walk you through the pedestrian accident claims process and help you pursue your rightful financial compensation. 

Don’t Suffer Alone – Reach Out Today  

Getting hurt in a pedestrian accident caused by a negligent party can be a devastating experience and can affect your physical, emotional, and financial well-being. Regardless, you don't have to go through the financial liability and pain all by yourself. Hence, if you were involved in a pedestrian accident, hiring a skilled personal injury attorney is imperative for proper guidance and to protect your rights. 

With 36 years of extensive experience, I have the diligence and resources to represent and protect the best interests of pedestrian accident victims and their loved ones. Using my broad legal understanding, I can direct you through the complex procedures involved in filing pedestrian accident claims. Also, I will fight intelligently for your rights and help you pursue medical costs, lost income, pain and suffering, and other available damages