Pedestrian accidents can lead to serious injuries, mounting medical bills, and significant financial strain. If you've been struck by a vehicle while walking in Kentucky, you may be entitled to compensation. However, successfully filing a claim requires a clear understanding of the state's laws, insurance policies, and legal procedures. This guide outlines the important steps to take when pursuing a pedestrian accident claim in Kentucky.

Understanding Kentucky's Pedestrian Accident Laws

Kentucky follows a comparative fault system, meaning a pedestrian may still recover compensation even if they were partially responsible for the accident. However, their awarded damages is going to be reduced by their percentage of fault. For example, if a pedestrian is found to be 20% at fault for crossing outside of a designated crosswalk, their compensation will be reduced by that percentage.

No-Fault Insurance and Pedestrian Accidents

Kentucky operates under a choice no-fault insurance system, which means that drivers have to carry Personal Injury Protection (PIP) coverage. If you're a pedestrian hit by a car, the driver's PIP insurance will typically cover up to $10,000 in medical and lost wages, regardless of who was at fault. However, if your injuries exceed this threshold, you are able to file a lawsuit against the at-fault driver for additional compensation.

Steps to Take After a Pedestrian Accident

1. Seek Immediate Medical Attention

Even if injuries seem minor, it's essential to undergo a medical evaluation. Some conditions, such as internal injuries or concussions, may not present symptoms right away. A prompt medical assessment creates an official record, which is going to be valuable when filing a claim.

2. Call Law Enforcement

In Kentucky, any accident resulting in injury or death must be reported to the police. Officers are going to document the scene, gather statements from those involved, and create an official accident report. This report serves as a critical piece of evidence in determining fault.

3. Collect Evidence

If you are able to, gathering evidence can significantly strengthen your case. Important details to document include:

• The driver's name, contact and insurance information
• Witness statements and contact information
• Photos and videos of the scene, vehicle damage, and your injuries
• Surrounding conditions, such as traffic signals, signage, and weather

4. Notify Your Insurance Company

If you have auto insurance, your policy usually includes  uninsured/underinsured motorist coverage (UM/UIM), which can help cover damages if the driver responsible lacks adequate insurance. Contact your insurer asap to report the accident and determine available coverage options.

5. File a Personal Injury Claim

To recover compensation beyond PIP benefits, you may need to file a personal injury claim against the at-fault driver's insurance company. This claim should include:

• Medical records documenting injury severity and required treatments
• Proof of lost wages if you've been unable to work
• Pain and suffering damages, which account for emotional distress and long-term physical pain

A strong claim presents compelling evidence that establishes the driver's negligence. If the insurance company disputes any liability or offers an unfair settlement, a lawsuit may be necessary.

Proving Liability in a Kentucky Pedestrian Accident

To secure compensation, the injured pedestrian must demonstrate that the driver's negligence caused the accident. This usually involves proving the following elements:

1. Duty of Care – The driver held a legal obligation to operate their vehicle safely.
2. Breach of Duty – The driver acted recklessly or negligently, such as by speeding or running a red light.
3. Causation – The driver's actions directly caused the pedestrian's injuries.
4. Damages – The pedestrian suffered tangible losses, such as medical or lost income.

Factors That May Impact Liability

• Driver's behavior: Speeding, distracted driving, and failure to yield to pedestrians can help to establish driver fault.
• Pedestrian's actions: Jaywalking, crossing against traffic signals, or walking while intoxicated may reduce compensation under Kentucky's comparative fault rule.
• Road conditions: Poor lighting, missing crosswalks, or malfunctioning signals can sometimes contribute to an accident.

Compensation Available in Pedestrian Accident Claims

Victims of pedestrian accidents in Kentucky may pursue various types of damages, including:

• Medical expenses (hospital bills, surgeries, rehabilitation)
• Lost wages (both past and future income loss)
• Pain and suffering (emotional distress, physical pain and reduced quality of life)
• Permanent disability (if injuries result in lasting impairment)

In some cases, punitive damages can apply if the driver acted with extreme recklessness, such as in a DUI-related pedestrian accident.

Statute of Limitations for Pedestrian Accident Claims in Kentucky

Under Kentucky Revised Statutes § 413.140, the statute of limitations for filing a personal injury lawsuit is one year from the date of the accident. However, if the claim involves property damage, such as a damaged bicycle or clothing, the deadline extends to two years. Missing this deadline could bar victims from recovering compensation.

Why Hiring a Pedestrian Accident Attorney Is Beneficial

Insurance companies usually will attempt to minimize payouts or shift blame onto pedestrians. Working with an experienced personal injury lawyer will help:

• Negotiate fair settlements with insurance companies
• Gather expert testimony to prove liability and damages
• File a lawsuit if a settlement is not able to be reached

Most personal injury lawyers work on a contingency fee basis, which means they only get paid if they win your case.

Conclusion

Filing a claim for a pedestrian accident in Kentucky involves navigating complex insurance laws, proving liability, and negotiating with insurance companies. By taking immediate action, gathering strong evidence, and working with a legal professional, injured pedestrians will increase their chances of getting the compensation they deserve.

Need Legal Help? Brandon J. Broderick, Attorney at Law is One Phone Call Away

Navigating Kentucky Personal Injury Claims can be challenging. Fortunately, you don't need to do it alone. The experienced lawyers at Brandon J. Broderick, Attorney at Law, are available 24/7 to help you understand your legal options, gather necessary evidence, and build a strong case to secure the settlement you deserve.

Contact us now for a free legal review.