The accident happened around 10:00 a.m. Eric McCrary, age 33, was working a warning flagger for vehicles along US 25 to notify them to be cautious of tree trimming occurring along the roadway. Mr. McCrary was wearing proper attire and had his flag in hand when he was truck by a vehicle. The driver of the vehicle that struck Mr. McCrary told witnesses that she didn't see him in the roadway. The river of the vehicle has been reported to have an infant in the rear seat of the vehicle, which may have been a cause of detraction for her. Drivers owe a duty to other drivers and pedestrians on the roadways to be safely in control of their vehicles and mindful of their surroundings, which would include Mr. McCrary.
No one believes that the driver of the vehicle intended to hit Mr. McCrary, but it did happen. As an accident, it will be claimed that there was negligence on the part of the driver to not have seen Mr. McCrary and taken action to avoid hitting him. It is this very negligence that leads to accidents, which Kentucky Personal Injury Legal Claims are designed to address. They type of claims afford legal compensation to victims.
Mr. McCrary will have both a workers compensation claim to help him cover his medical bills and lost wages, and he will have a "Third Party Negligence" claim against the driver of the vehicle that hit him. The "Third Party Negligence" claim will afford Mr. McCrary an opportunity to seek compensation for his pain & suffering, which will not be covered by his workers comp claim.
For more information on the legal rights of victims of accidents in Kentucky, visit the Ackerson Law Offices website. (Here is a LINK to that webpage).