Every day, people walk along and across the streets of Kentucky, either for leisure, exercise, or transportation. Unfortunately, pedestrian accidents can happen, and they may result in severe injuries, disabilities, and fatalities. In such instances, the pedestrian or their loved ones may seek compensation for the damages suffered. This article aims to answer the question, "Can I file a personal injury claim for a pedestrian accident in Kentucky?" Read on for more information.
Table of Contents
Premise Liability in Kentucky
As per Kentucky law, property owners, tenants, and occupiers have a legal obligation to keep their premises safe for visitors and invitees. This duty extends to sidewalks, crosswalks, parking lots, and other common areas where pedestrians usually walk. Thus, if a pedestrian gets hurt in a fall, slip, or trip on someone else’s property, they may have grounds to file a premise liability claim against the at-fault party. This claim may help them recover compensation for damages such as medical bills, lost wages, pain and suffering, and more.
Vehicle Accidents Involving Pedestrians
Pedestrians are vulnerable road users and are at risk of getting hit by vehicles. If a driver does not take reasonable caution and causes a pedestrian accident, they may be liable for the injury or death caused. However, the pedestrian may also have contributed to the accident by jaywalking, ignoring traffic signals, or being under the influence of drugs or alcohol. Kentucky follows the "comparative fault" rule, meaning that a plaintiff’s compensation may reduce if they share some responsibility for the accident.
Insurance Requirements in Kentucky
Kentucky is a "no-fault" car insurance state, which requires drivers to carry Personal Injury Protection (PIP) insurance coverage. PIP insurance pays for medical expenses, lost wages and other out-of-pocket expenses incurred as a result of a car accident, regardless of who caused the accident. However, there are exceptions to the no-fault rule. If a pedestrian suffers a severe injury such as permanent disfigurement, disability, or death, they may step outside the no-fault system and file a personal injury claim against the at-fault driver. Kentucky law also requires drivers to have liability insurance of at least $25,000 per person per accident for bodily injury, $50,000 per accident for bodily injury, and $10,000 for property damage.
What to Do If Involved in a Pedestrian Accident
If you or your loved one gets involved in a pedestrian accident, it is crucial to take immediate action. First, contact emergency services and receive medical attention for any injuries sustained. Secondly, collect crucial information such as the driver’s contact and insurance details, the accident scene’s location, and any relevant witnesses. Finally, consult an experienced attorney as soon as possible, as time limits may apply to file a claim.
Conclusion
Pedestrian accidents in Kentucky can have severe and life-changing consequences. If a driver, property owner, or occupier acts negligently and causes an accident, the pedestrian or their loved ones may be entitled to compensation. At the same time, it is crucial to remember that Kentucky follows the comparative fault rule and the no-fault insurance system, which can complicate the claims process. Therefore, involving an experienced personal injury attorney can help navigate the complex legal landscape and pursue the maximum possible compensation.