Pedestrian Accident Case Summary

The following case summary is a pedestrian accident case we have personally handled and litigated. It is provided for illustrative and informational purposes only, and is not meant to offer legal advice or take the place of consultation with a qualified attorney with the requisite expertise and experience in these matters. These cases are only a sampling of the actual cases we have handled. While some cases may be similar, each case involves unique parties and specific facts, and the application of those facts to the controlling law may differ significantly depending upon the circumstances. No results or outcomes can be guaranteed in any case.

Rhonda G.

Rhonda G., a single, 42-year-old employee working at AK Steel, was injured on Derby Day near Churchill Downs in Louisville, Kentucky. As she was leaving the racetrack, a van with several teenagers jumped a curb at Third Street, striking the pedestrian. The driver of the vehicle, who admittedly consumed eight beers while at the Derby, testified that another individual was driving the car at the time of the crash. The driver was later found by investigating police officers in the backyard of a house off of Third Street, where he had run and hid after the crash. The driver of the van has had his license suspended on three different occasions, including for DUI, and he testified under oath that he has been arrested so many times that he cannot remember all the criminal charges that have been filed against him. As a result of the crash, the pedestrian suffered two broken legs, and both her tibia and fibula were broken in each leg. She also suffered a left shoulder fracture and a closed head injury. She ultimately underwent numerous surgeries that included the placement of metal plates and rods in both her legs and left shoulder. She also had a removal and replacement surgery because the screws and pins in one of her legs had come loose, and she also had an artificial shoulder prosthetic implanted. She was bedridden for several months, utilized a wheelchair for three months after that, progressed to a walker before finally moving to double crutches and finally still used a cane to walk. In all, she had medical bills in excess of $250,000. As a result of injuries suffered in the crash, she was unable to work further in her manual labor job at AK Steel. The case was not settled prior to the lawsuit being filed in Jefferson County, Kentucky. After many months of litigation, Progressive, the insurance company for the at-fault driver, paid its policy limits, and the pedestrian’s underinsured motorist insurance, Ohio Casualty, paid policy limits as well.