Is a Pedestrian Accident Considered a Personal Injury or a Motor Vehicle Accident?
Written by Cooper & Friedman PLLC on July 8, 2025
Cooper & Friedman deal with all sorts of cases as personal injury lawyers. Car accidents, or any motor vehicle accident, is included in that. But, what if you are a pedestrian who has been hit by a car? Where does a pedestrian accident fall on the personal injury law spectrum? While we often talk about car accidents as if they have their own separate area of law. However, car accidents are simply a subsection of personal injury law. So, pedestrian accidents and car accidents are both personal injury cases.
Do Pedestrian Accidents Count As Car Accidents?
If the accident is between a pedestrian and a car, then yes, it would be counted as a car accident. In Kentucky, per the Personal Injury Protection insurance law, injury claims are the responsibility of the insurance company that covers the car the injured person was in. In the case of a pedestrian, who does not have an insured car involved in the accident, the vehicle they were struck by will be responsible for them. A claim can be filed by anyone involved in the accident that meets the basic terms for a PIP claim to be filed, driver or pedestrian, which are:
- The expenses must meet the driver’s plan’s deductible (if applicable)
- The expenses must remain under the $10,000 cap
- The driver’s vehicle must be properly insured
- The driver must have valid PIP coverage
- The claim must be filed within 2 years
If these terms are met, then pedestrians’ rights to sue or be sued are limited. The pedestrian or any other injured party could not sue for medical expenses, pain and suffering, wage loss, and other expenses unless a certain threshold is met. This threshold is:
- Medical expenses are equal to or more than $1,000 or
- The accident resulted in a broken bone, permanent disfigurement, permanent injury, or death.
Suing for a Pedestrian Accident in Louisville, KY
Pedestrian accidents can be much different than a single or multi-car accident. This is because pedestrians have much less protection against a car as they are walking on sidewalks or in parking lots than someone in another car does. As a result, more serious injuries occur and the threshold to litigate is more easily met. Negligent driving or driving under the influence can also play a big part in litigation because they can be reason for punitive damages to be awarded.
If you are able to, the best way to start a case is before you even contact a pedestrian accident lawyer like Cooper and Friedman. If you sustain an injury, the first thing you should do is get help and emergency medical care. Anything else can come after. But, if you are uninjured enough, or have someone else on the scene, steps you should take include:
1. Document the accident.
Be as thorough as possible when documenting the accident. Save screenshots of any text messages sent during or after the accident. Record videos of the damage, place, time, and people involved. Take as many photos as possible. Try to get recorded or written statements from any bystanders, and check to see if they got a recording or photo of the accident. If there were any security cameras from residences or businesses nearby, ask for the footage.
2. Report the Accident.
Call the police, regardless of whether you are seriously injured or not. A police report should be made in case of any injuries that result in the future and to have concrete facts in the hands of the authorities.
3. Collect Information.
Collect the contact information of anyone in the vicinity that was involved in or witnessed the accident. This includes the driver, any passengers, individuals you were with, bystanders, and a contact for any businesses around, especially if the accident happened on their premises.
3. Visit a Doctor.
You should schedule an appointment with your doctor as soon as possible after the accident. There are several injuries that can be latent, and doctors can help to identify anything that is unusual. If you sustain an injury, be sure to keep an itemized receipt of any doctors appointments and medications prescribed to you.
4. File an Insurance Claim.
As a pedestrian, you’ll need to get the information of the driver’s insurance. You can always call your own insurance company to see what can be done, as well.
5. Talk to a Licensed Car Accident Lawyer.
Car accidents are scary and confusing. When you’re a pedestrian, it can be even more so. In order to ensure a successful case, it’s important to contact a pedestrian accident attorney as soon as possible. At Cooper & Friedman, we’re dedicated to helping our clients through difficult times and getting them the compensation they need to cover their expenses. We offer a free 15-minute consultation call, and our clients don’t pay unless we win. Contact us today.
If you or someone you love has been injured in a pedestrian accident in the State of Kentucky and are in need of an experienced injury attorney, give the lawyers at the Cooper & Friedman law firm a call. The attorneys at Cooper and Friedman PLLC have over 50 years of combined experience defending the rights of pedestrian accident victims. Contact us with questions you might have or schedule a free case consultation with an attorney by calling 502-459-7555 today.