Right of Way Law
Pedestrians and people operating vehicles in Kentucky must obey right of way law. Both pedestrians and drivers have their own set of responsibilities that they must follow.
Pedestrians must use crosswalks. If there is an unmarked crosswalk at an intersection, drivers must still yield to pedestrians. Pedestrians cannot cross the road diagonally, unless that is how the crosswalk is marked. If a pedestrian crosses a roadway at any other point, then they must yield the right of way to drivers.
Drivers must yield to pedestrians while they are in crosswalks. In general, anyone operating a vehicle must avoid colliding with a pedestrian.
If a pedestrian creates a hazardous circumstance by suddenly walking or running near a vehicle in a dangerous way, then the driver will not be liable for the accident.
Kentucky is a no-fault state, which means that no matter who caused the accident, insurance is required to cover your costs according to your policy. Your policy should compensate you for medical bills, lost income, and other out-of-pocket losses.
A Pure Comparative Fault State
Kentucky is both a no-fault and a pure comparative fault state. That means if the accident was partially your fault, then that will affect the outcome of your case. For example, if the court awarded you $100,000, but they decide that the accident was 20% your fault, then your award would be reduced by 20% and would become $80,000.
Statute of Limitations
In Kentucky, you only have two years after the date of the accident to file a personal injury lawsuit. After that, the court will not hear your case.
What Steps Should I Take Next?
There are several steps you should take if you or a loved one was in a pedestrian accident.
If I Am the Victim
If you are the victim, you should first seek medical attention. After you are safe and have been cleared by medical professionals, it’s time to begin recovering and to file your insurance claim. If you believe that your insurance is not covering the costs that should be covered, you may want to seek advice from a personal injury attorney.
If I’m Representing a Loved One
In some pedestrian accident cases, a loved one may become incapacitated. In the worst-case scenario, they may lose their life. This tragic event should never have happened and it will forever change your life. It may also create extreme financial difficulties. In the case of incapacitation, you may be able to help your loved one with their case. If you lost a loved one, you may be able to file a wrongful death suit.