How Do You Determine Fault?
In any pedestrian accident, determining fault can vary based on a number of different factors. Personal injury claims typically center around negligence. Negligence occurs when there is a duty of care that was breached between the plaintiff and the defendant — in this case, the driver and the pedestrian.
Kentucky is considered a pure comparative fault state. This means that you can recover damages, but those damages will be limited by the percentage of fault you are assigned for causing the accident. For example, if you are injured in a pedestrian accident and are awarded $100,000 in damages, but the court finds you to be 10% at fault for the accident for crossing after traffic indicators warned against crossing, you will only be eligible to collect 90% of the settlement — or $90,000.
What Damages Are Available?
There are a few different categories of damages that you can be compensated for if you have been hit by a car in a personal injury case. These damages include:
- Physical injuries and pain
- Permanent scarring and disfigurement
- Emotional distress
- Psychological harm due to the accident
- Any additional pain and suffering
You can also get monetary damages for things such as medical bills, lost wages, funeral expenses, and the cost of living with a permanent disability.
What Steps Should I Take Next?
If this situation has happened to you, there are steps that you can take to pursue the compensation you need to help recover from your injuries. Whether you have been the victim of an accident or you have a loved one who has been left incapacitated or lost their life — finding an attorney who can fight to protect your rights is critical.
In Kentucky, most personal injury filings are subject to a one-year statute of limitations but personal injury claims involving motor vehicles generally have a two-year statute of limitation. After the appropriate time is up, you will be unable to file a suit. So if you or someone you know has been the victim of a pedestrian accident, don’t wait. Call or reach out to our firm, Grossman Green PLLC, today to schedule a free case consultation. We would be happy to discuss the details of your case and outline a plan that can help you pursue the compensation you deserve.