This tragic Kentucky Pedestrian Accident happened Wednesday night around 8:30 p.m. on Ky 80, near Elkhorn City, in Pike County, Kentucky. Samantha Bennett, age 21, was walking along Ky 80 when she was struck by an SUV driven along the roadway. Ms. Bennett died from the injuries she sustained in the accident.
Under Kentucky law, motorists owe a duty to be mindful of their surroundings and avoid collisions with others, including pedestrians along the roadways. As such, until all the facts are discovered about this accident and the cause of such, it must be presumed that the driver of the vehicle was negligent in some manner and at-fault to some degree in relation to this tragic fatal accident. The family of Samantha Bennett, based upon the facts and legalities of this accident may have a Kentucky Wrongful Death case against the driver of the SUV who hit her.
As with most pedestrian accidents, the drivers of the vehicles involved, their legal defense teams, and insurance companies, attempt to seek out reasons to put fault upon the pedestrian. As such these types of legal claims become complicated by legal factual discovery and arguments of who did what, who should have done what, and what extraordinary facts contributed to the cause of the accident. These legal arguments and battles are due to Kentucky negligence law being a comparative fault analysis.
Comparative fault, under our laws, allows for percentages of fault to be assigned to different persons involved in an accident, and thus can legally reduce the legal compensatory damages that an injured party or the family of a deceased victim can recover under the law.
More information about Kentucky comparative fault laws and the legal rights of accident victims can be found from the Ackerson Law Offices' website, www.kyfirm.com.