Man pushing disabled vehicle on interstate is killed- Is he responsible?

William Keith Vandeveer was killed Monday, January 24, 2011 while pushing his disabled car down a Watterson Expressway off ramp as reported by the Courier Journal. (go to courier-journal.com for the full story or click here). His unfortunate death presents some interesting legal issues to consider.

Pedestrians are not allowed on the interstate, including the Watterson Expressway, so was Mr. Vandeveer a "pedestrian" at the time of his accident and was he acting negligently by pushing his vehicle? According to the judge made case law interpreting the Kentucky no-fault statute (click here to see the no-fault statutes), someone pushing their vehicle is not considered a pedestrian, but, instead, is considered an operator of the vehicle.

Although Mr. Vandeveer is not negligent because he was an unauthorized pedestrian, he may be considered negligent for other reasons depending on the facts of the accident. Both the driver of the vehicle, which ran into Mr. Vandeveer, and Mr. Vandeveer would have the duty to keep a lookout for each other and to avoid contact with each other.

Since Mr. Vandeveer was killed in this accident, his estate would only have one year to file a wrongful death lawsuit. Had Mr. Vandeveer not died due to his injuries, he would have two years from the date of his last no-fault payment, but no more than four years, to file his lawsuit.

If you have been injured in a motor vehicle accident and are wondering if you would be considered responsible for causing the accident, you can send an email to kyaaa@insightbb.com or call the Kentucky Auto Accident Attorney (502-241-8000 or 859-367-0036) to find out whether you have a case. There is no charge for this consultation. The office of the Kentucky Auto Accident Attorney has been representing victims of car accidents, truck accidents and motorcycle accidents since 1986.