Too often in Kentucky pedestrians are hit by motor vehicles while walking. These accidents occur at crosswalks, along the sides of roadways, and in parking lots. Many times the pedestrians are hit due to the carelessness of and inattentions of drivers. When a pedestrian is hit, these types of accidents usually result in serious or deadly consequences and injuries. This is due to the speed and blunt force size of a motor vehicle striking a person’s body, often times propelling the pedestrian through the air and into other objects or other vehicles pathways.
When a pedestrian is struck by a motor vehicle, they have multiple possible avenues of financial recovery for lost wages, medical bills, and pain & suffering compensation. First and foremost the pedestrian can make a claim for auto insurance coverage (bodily injury claim) from the driver’s insurance. If the driver does not have enough insurance or does not any insurance, the pedestrian can turn to their own automobile insurance coverage under underinsured motorist coverage or uninsured motorist coverage. Additionally, if the injured pedestrian lives with other persons, who also have automobile insurance coverage, additional compensation may be available under certain circumstances.
Usually, when dealing with pedestrian accidents, apportionment of fault becomes an issue. This occurs when the driver of the vehicle claims that the accident is the fault of the pedestrian due to where the pedestrian was walking or other circumstances within the control of the pedestrian. Kentucky is a comparative fault law state. This means that fault, even if 99% lies with one party, that party can still seek recovery from the other party for their 1% fault. The role of your attorney is to establish what percentage of fault each party bears, and then using such percentages, in relation to the total damages incurred, to seek a recovery based upon the relative percentages.
Anytime there is an injury which is the fault of another, it’s important to have a qualified person or attorney examine the facts of the incident to determine who may be at fault and which potential sources of insurance coverage are available to fully compensate the injured party.
For more information on the rights of pedestrians injured by negligent drivers, contact the Ackerson Law Offices and pedestrian injury attorney Brent T. Ackerson at (502) 882-5176 or email Brent with your legal questions. by clicking here