More people choose to walk to work and get around the city than ever before. Sadly, many of these individuals suffer severe injuries. Every year there are an alarming number of incidents involving vehicles hitting pedestrians on Florence streets.
If a car recently struck you or a family member, consulting with an experienced personal injury attorney should be one of your first steps after seeking appropriate medical care. With the help of a Florence pedestrian accident lawyer, you could be eligible to seek financial compensation from the negligent motorist. Contact our firm today to find out more or to get started.
Severe Injuries Caused by Pedestrian Accidents
When two cars crash into each other, the people inside the cars have the benefit of the vehicle’s frame, seatbelts and airbags. People on foot have nothing on their bodies to shield them from the crushing impact of a multi-ton vehicle. Consequently, they frequently suffer life-changing injuries when struck by a car, including:
- Fractured bones
- Disfiguring scars
- Traumatic brain injuries
- Spinal trauma
- Wrongful death
Survivors of pedestrian crashes typically experience unwanted side effects of their injuries for many years. They might also face other challenges, such as a grueling rehabilitation program and multiple doctors’ appointments. They could also need to renovate their home to make it handicapped accessible or require around-the-clock assistance. In some instances, they might need to move to an assisted living center or nursing home to get the care they need.
Types of Damages Available
Seasoned Florence attorneys who understand the toll a pedestrian crash can take on an individual can work tirelessly to obtain damages that provide adequate compensation. Settlement packages include past and future expenses, including medical bills and lost wages from missing work while recovering. Other forms of compensation can recover for the psychological harm sustained during an incident, such as mental anguish and loss of enjoyment of life.
What if a Pedestrian is Partially to Blame for the Crash?
A motorist is not always solely at fault when a collision with someone on foot occurs. Kentucky law allows for “comparative fault” and sometimes, the person walking bears partial responsibility. For example, if an individual unlawfully crosses a street at night while wearing all black clothing, a jury might determine the pedestrian to be partly liable.
Fortunately, comparative fault allows injured victims to make a recovery even if they are partially at-fault. Kentucky courts will reduce the pedestrian’s amount of recoverable damages in proportion to their share of the blame.
Statute of Limitations
Another detail to factor in when considering filing a claim for injuries is the statute of limitations. For injuries arising out of a motor vehicle collision, the injured victim has two (2) years from the date of the crash; however, there are some claims that are controlled by a one (1) year statute of limitations. This makes it necessary to seek qualified legal counsel quickly. A skilled Florence pedestrian accident attorney can work diligently to gather the appropriate evidence and file all necessary paperwork within this time constraint to ensure your case is heard.
Kentucky No-Fault Benefits in Pedestrian Accidents
Kentucky is a no-fault state, and this includes pedestrian accidents. A pedestrian that is struck by a vehicle is afforded Kentucky No-Fault / PIP Benefits by the striking vehicle. Per KRS 304.39-050(1), the insurance company for the striking vehicle owes the pedestrian PIP benefits.
If the striking vehicle is uninsured, the pedestrian can still recover PIP benefits from the pedestrian’s vehicle (if they own one), or potentially from a resident-relative’s policy.
These scenarios are very fact intensive. If you are a pedestrian that was struck by a motor vehicle collision, you need an experienced attorney to review your case for free.
Work with a Florence Pedestrian Accident Attorney as Quickly as Possible
Motorists have a duty while on the road to stay alert and look out for pedestrians, other automobiles, bicyclists, and motorcycles. Unfortunately, not everyone makes these reasonable efforts, and crashes occur as a result.
If you have been injured while on foot due to someone else’s careless actions, it is critical that you work with a proactive legal team. A knowledgeable Florence pedestrian accident lawyer understands what is needed to help you obtain the best possible legal outcome for your situation and will fight tirelessly for you. Reach out today to get started.