In addition to obeying traffic laws and remaining aware of nearby vehicles, motor vehicle operators in the Commonwealth of Kentucky have a legal responsibility to watch for pedestrians in crosswalks and on sidewalks near active roadways. If a driver strikes and injures a pedestrian by failing to uphold this duty of care, the injured person may pursue financial restitution from the at-fault driver, just as they may after being harmed in a collision while driving their own motor vehicle.

However, pedestrian injury claims may involve unique legal and factual considerations that are difficult to navigate without guidance from an experienced personal injury attorney. An Erlanger pedestrian accident lawyer from our firm provides support throughout this process and works to assert the rights and interests of injured parties in pursuit of fair financial recovery.

Contact our talented personal injury attorneys today for a free consultation

Navigating No-Fault Insurance Rules as an Injured Pedestrian

When motor vehicle drivers sustain harm in traffic crashes in the Commonwealth, they are subject to a choice no-fault system for pursuing financial recovery. This system allows drivers to choose whether to purchase auto insurance policies with personal injury protection (PIP) coverage, which provides compensation for accident-related losses on a no-fault basis, or to decline that coverage in exchange for a broader ability to pursue a civil suit against an at-fault party who causes a collision.

As a pedestrian harmed in a traffic crash, you may seek benefits through any PIP coverage held by the involved driver, regardless of who is ultimately found at fault. However, if the at-fault driver declined this coverage, or if your injuries exceed what PIP benefits address, you may need to pursue additional avenues for financial recovery. Our Erlanger pedestrian injury attorneys could assist you with navigating those options.

What Damages Could a Pedestrian Injury Lawsuit Seek Recovery for?

If you have standing to file suit against a driver who struck and injured you while you were walking in Erlanger, that pedestrian accident lawsuit may include both economic and non-economic losses not already addressed through insurance, such as:

  • Lost enjoyment of life
  • Long-term medical bills
  • Physical pain and suffering
  • Emotional anguish and trauma
  • Lost work earnings and/or working capacity
  • Personal property damage and related expenses

Notably, you have two years to file this type of lawsuit after either the date of the initial injury or the date you stop receiving PIP benefits, whichever occurs later. This differs from the standard one-year filing deadline that applies to most other personal injury claims, as one of our lawyers could explain in further detail.

Speak With an Erlanger Pedestrian Accident Attorney About Legal Options

Even if you clearly identify who struck you while walking and have substantial evidence showing that party is at fault for your injuries, obtaining financial recovery may still be complex. Whether your case involves insurance negotiations, a personal injury lawsuit, or both, compelling a negligent driver and their representatives to provide appropriate compensation often requires not only legal knowledge but also practical experience applying that knowledge in formal legal proceedings.

That kind of experience is just one of many invaluable benefits that our seasoned attorneys can provide to you once retained. Contact us today to set up an initial meeting and learn how an Erlanger pedestrian accident lawyer from our team can help you proactively pursue the compensation you need.

Busald Funk Zevely PSC

Busald Funk Zevely PSC
N/a