Were you or someone you love hit by a car while walking in Salina? Pedestrians have zero protection against a moving vehicle, and the injuries from these collisions are almost always serious.
If a driver’s negligence caused your accident, Kansas law gives you the right to pursue compensation for your medical bills, lost wages, pain, and suffering. Many pedestrian accident victims are told they were partly at fault for crossing outside a crosswalk, but Kansas law does not let drivers off the hook that easily.
At Bretz Injury Law, our Salina office serves people injured in pedestrian accidents across Saline County. We handle every case on a no-win, no-fee basis, so call (785) 268-4968 for a free case evaluation.
Pedestrian Accident Attorneys Serving Salina
Bretz Injury Law represents pedestrian accident victims in Salina and throughout Saline County. Our office at 100 N 7th St., Ste 207, Salina, KS 67401 puts us close to the corridors and intersections where these accidents happen most often. When you hire our firm, you are working with personal injury attorneys who understand how Kansas drivers and their insurers fight pedestrian claims.
Attorney Matthew Bretz has practiced personal injury law in Kansas for more than 30 years, and he built this firm on the belief that injured people deserve real, focused attention from their lawyer. We are an intentionally small firm, so your case will never be handed off to someone you have never spoken with.
You will work directly with the attorney handling your claim, starting with your first phone call.
We offer free consultations to every prospective client, and we handle all pedestrian accident cases on a contingency fee basis, so you pay no attorney fees unless we recover compensation for you. Hablamos español.
Without an Attorney vs. With Bretz Injury Law
Insurance companies have a go-to strategy for denying pedestrian accident claims: they blame the victim. Adjusters argue that you were jaywalking, not paying attention, wearing dark clothing, or otherwise responsible for your own injuries. Without legal representation, you have very little ability to challenge those arguments or force the insurer to look at the driver’s conduct.
Being struck by a vehicle as a pedestrian is one of the most frightening experiences a person can go through. You should not have to fight an insurance company on top of everything else you are dealing with.
When you hire Bretz Injury Law, we investigate the driver’s behavior, gather witness statements and surveillance footage, and build a case around the Kansas statutes that protect pedestrians. K.S.A. 8-1535 imposes a duty of care on drivers regardless of where you crossed, and we make sure the insurance company cannot ignore that obligation.
Types of Cases We Handle in Salina
Our Salina attorneys handle every type of pedestrian accident case in Saline County. The circumstances of your accident and the driver’s conduct directly shape how we build your claim and who we hold accountable. The types of pedestrian cases we handle include:
- Crosswalk collisions caused by drivers who failed to yield
- Hit-and-run pedestrian accidents
- Distracted driving strikes involving phones, GPS, or passengers
- Drunk and impaired driver collisions with pedestrians
- Pedestrians struck in parking lots and driveways
- Pedestrians hit near school zones and parks
- Commercial truck and delivery vehicle collisions near I-135
- Fatal pedestrian accidents and wrongful death claims
If a driver’s negligence put you in the hospital, we want to hear what happened.
How Kansas Law Affects Your Pedestrian Accident Case
Kansas has specific statutes that define what drivers owe pedestrians and what happens when those duties are violated. These laws are the foundation of every pedestrian accident claim filed in Saline County, and they determine whether you have a case.
Under K.S.A. 60-258a, Kansas follows a modified comparative fault system with a 50% cutoff. If you are assigned 50% or more of the fault for your accident, you recover nothing. Below that line, your compensation is reduced by your percentage of fault.
The statute of limitations gives you two years to file a personal injury lawsuit under K.S.A. 60-513, so acting quickly protects both your evidence and your legal rights.
Crosswalk Rights Under K.S.A. 8-1533
Kansas drivers must yield to any pedestrian crossing within a marked or unmarked crosswalk at an intersection. Under K.S.A. 8-1533, the driver is required to slow down or stop when a pedestrian is on their half of the roadway or approaching closely enough to be in danger.
The statute also prohibits other drivers from passing a vehicle that has stopped to let a pedestrian cross. If a driver ran through a crosswalk and hit you, that is a clear violation of Kansas law, and it establishes a strong basis for your claim.
The Jaywalking Defense
Insurance companies treat jaywalking as an automatic disqualifier, but Kansas law does not. Under K.S.A. 8-1534, pedestrians who cross outside a crosswalk must yield to vehicles. But K.S.A. 8-1535 imposes a separate and independent duty on drivers to exercise due care to avoid colliding with any pedestrian, regardless of where they are walking.
These two statutes work together. A pedestrian crossing outside a crosswalk may share some fault, but the driver who was speeding, texting, or simply not watching the road still violated their own legal duty. Under Kansas comparative fault rules, you can still recover compensation as long as your share of the fault stays below 50%.
Kansas PIP Coverage for Pedestrians
Many people hit while walking do not realize that Kansas Personal Injury Protection can cover their medical bills and lost wages after being hit by a car. If you carry auto insurance, your own PIP policy may apply to your pedestrian injuries under the Kansas Automobile Injury Reparations Act (K.S.A. 40-3101 et seq.).
If you do not own a vehicle or carry auto insurance, you may still be eligible for PIP benefits through the at-fault driver’s policy. PIP pays regardless of fault, so these benefits can provide immediate financial relief while your liability claim is still being investigated.
Where Do Pedestrian Accidents Happen in Salina?
Pedestrian accidents in Salina happen most often along high-traffic commercial corridors where vehicles and foot traffic share space without adequate separation. Santa Fe Avenue, Broadway, and 9th Street all carry heavy vehicle volume through areas where pedestrians cross regularly to reach businesses, restaurants, and public spaces.
The I-70 and I-135 interchange creates additional risk for pedestrians near on-ramps, service roads, and adjacent parking areas where drivers are accelerating or merging and may not be watching for people on foot. Crawford Street and Ohio Street see elevated crash activity during peak commuting hours.
Some Salina roadways lack sidewalks entirely, forcing pedestrians to walk along the shoulder or in the road itself, which increases exposure to distracted or speeding drivers.
What Should You Do After a Pedestrian Accident in Salina?
The steps you take after being hit by a car directly affect whether you can prove the driver was at fault. If you are conscious and able to, follow this sequence as closely as possible:
- Call 911 immediately. Request medical attention even if you believe your injuries are minor. A police report creates an official record that your attorney will use when building your case.
- Stay at the scene if you can. Do not leave before law enforcement arrives. If the driver fled, try to note the vehicle’s color, make, and direction of travel.
- Photograph everything. Take photos of the vehicle, your injuries, the crosswalk or intersection, traffic signals, skid marks, and any debris.
- Get witness contact information. Bystanders who saw the collision can provide statements that support your version of events.
- Seek follow-up medical care. Concussions, internal injuries, and soft tissue damage can take days to produce symptoms.
- Do not give a recorded statement to any insurance company. Speak with a Salina pedestrian accident attorney first.
- Contact Bretz Injury Law as soon as possible. The sooner we investigate, the more evidence we can preserve on your behalf.
Common Pedestrian Accident Injuries
Pedestrian accidents produce some of the most severe injuries of any traffic collision because there is nothing between the person and the vehicle. A car traveling at just 30 miles per hour can cause fatal injuries to a pedestrian on impact.
Traumatic brain injuries from head impact against a vehicle hood, windshield, or pavement are among the most common and most life-altering outcomes. Spinal cord injuries resulting in partial or full paralysis, broken bones in the legs, hips, and pelvis, and internal organ damage all occur frequently in these cases.
For older adults, a pedestrian collision can be catastrophic. A fractured hip or pelvis in an elderly person often leads to permanent loss of mobility, long-term care needs, and a sharp decline in overall health. Other common injuries include torn ligaments, road rash, deep lacerations, and post-traumatic stress disorder.
What Compensation Can You Recover After a Salina Pedestrian Accident?
Kansas law allows pedestrian accident victims to recover damages for the full scope of losses caused by a negligent driver. The value of your claim depends on the severity of your injuries, the cost of your treatment, and how long your recovery will take.
Economic damages include your current and future medical bills, surgery, physical therapy, rehabilitation, lost wages, and any reduction in your earning capacity. Non-economic damages compensate you for physical pain, emotional distress, and loss of enjoyment of life.
If a pedestrian accident resulted in a death, surviving family members may pursue wrongful death damages. You should never accept a settlement offer before an attorney has reviewed the full extent of your losses.
How Bretz Injury Law Can Help
Attorney Matthew Bretz founded this firm after a preventable accident took his 16-year-old sister’s life. That personal loss drives the way we approach every pedestrian accident case, including yours. With more than 30 years of experience and over $300 million recovered for injured clients across Kansas, our team is ready to fight for you.
Our Salina office is here for you. Call us at (785) 268-4968 or reach out to our team online to schedule your free case evaluation. You pay nothing unless we win.