Louisville Jury Awards $300,000 in Red-Light Pedestrian Crash

A pedestrian suffered severe lacerations and a torn labrum after being struck by a vehicle in Louisville, Kentucky, on September 19, 2019. The incident occurred at the intersection of Bardstown Road and Wrocklage Avenue when the pedestrian, crossing with a signal, was hit by a driver who stated the traffic light changed colors unusually quickly and he could not stop. The pedestrian subsequently filed a negligence lawsuit, alleging the driver ran a red light. The driver conceded running the light but contended the pedestrian may have entered the crosswalk prematurely and disputed the shoulder injury's connection to the crash.

The case proceeded to a four-day trial in June 2023. The jury, after 2.5 hours of deliberation, returned a defense verdict by a 10-2 vote. The verdict was influenced by a specific jury instruction that required the plaintiff to prove they lawfully entered the crosswalk and that the defendant ran the light, effectively limiting the jury's consideration of the defendant's other duties.

Following the defense verdict, the plaintiff moved for a new trial, citing juror confusion regarding the instructions. The presiding judge granted the motion in September 2023, concluding that while the instructions were not "technically" a misstatement of law, the omission of the defendant's full duties (beyond yielding) was "equivalent of a misstatement by omission," depriving the plaintiff of a fair trial.

A second trial took place over four days in August 2024. With revised jury instructions, the jury found both parties at fault, apportioning 75% of the fault to the defendant driver and 25% to the plaintiff pedestrian. The jury then awarded the plaintiff $250,000 for past pain and suffering and $150,000 for future pain and suffering. The final judgment for the plaintiff, after comparative fault, was expected to be $300,000.