Pedestrian Dies in Accident with SUV in Floyd County Kentucky
On Monday, March 6, 2023, James Boyd perished in an auto accident as he walked in front of an SUV driven by 26-year-old Nathan Egler of Evansville, Indiana. Mr. Boyd walked in front of the SUV on US 23 in Ivel, Kentucky. Mr. Boyd was transported to a nearby hospital and died from his injuries. The Kentucky State Police are continuing their investigation and accident reconstructionist Joshua Scott is leading the investigation.
When must Pedestrians Yield to Automobiles?
Pedestrians are allowed to cross a street in a crosswalk if the crosswalk signal is in their favor and if struck in a crosswalk, the vehicle will be at fault for failing to yield the right-of-way to the pedestrian. However, a pedestrian is not allowed to walk in the street and is required to be in the grass as far away from the roadway as possible. Even though the pedestrian has the responsibility to stay off the roadway, the driver of the car has a duty to keep a look out in front of him or her and to avoid contact with pedestrians, if possible, under the circumstances. If the driver of the vehicle in the Ivel, Kentucky accident did not pay proper attention, then both parties could bear some responsibility for causing this accident.
If more than one party is responsible for causing an auto accident in Kentucky, then each person bears the percentage of fault attributable to their culpability in the accident. For instance, a pedestrian walking in the crosswalk with the signal in their favor and is struck by a vehicle, but the pedestrian saw the vehicle and stepped in front of it anyway. The vehicle would bear most of the responsibility in causing this accident.
In a recent case of mine, I represented a driver who had the green light at an intersection when an ambulance with its emergency lights on travelled through a red light and struck him resulting in a broken collarbone. A vehicle in front of my client saw the ambulance's emergency lights and siren and pulled off the road to yield to the ambulance. Both parties had to bear some responsibility for causing the accident. Had the ambulance slowed down as it approached the intersection to make sure it was clear, then there would have not been an accident. If my client had seen the emergency lights or heard the siren he would have not entered the intersection and avoided an accident.
Pedestrians are Entitled to Kentucky No-Fault Benefits when struck by an Automobile.
One interesting aspect of the Kentucky No-Fault law is that when a car strikes a pedestrian, the pedestrian receives the no-fault benefits (also called PIP benefits) on the vehicle regardless of fault in the accident. Kentucky No-Fault is $10,000.00 of insurance that pays for medical bills, lost wages, death benefit and reimburses for several other expenses incurred as a result of the accident. Even if the pedestrian in the above accident is considered 100% at fault for causing the accident, he is still entitled to the $10,000.00 of PIP benefits. If the vehicle that struck the pedestrian is uninsured, the pedestrian can use the no-fault benefits on his or her vehicle even though it was not involved in the accident.
In addition to receiving $10,000.00 in insurance benefits, the pedestrian's time to file a suit is lengthened from one year to two years from the date of the final no-fault payment. The longer period of time within which to file the lawsuit will give the pedestrian a better opportunity to resolve their claim without having to go through the hassle of litigation, which can be stressful for a lot of people.
In the event of a death, PIP benefits pay “survivors replacement service” benefits, which is payment for services that would have been provided by the decedent to his or her survivors. For instance, if the decedent mowed the family lawn, then his wife could obtain reimbursement for paying someone to mow the lawn. Funeral expenses up to $1000.00 are payable under PIP. Finally, PIP pays for “survivor’s economic loss” which is contributions of economic value minus the expenses they would cause.
CONTACT KENTUCKY AUTO ACCIDENT LAWYER
If you are involved in a car, truck or motorcycle accident, you will require the services of an experienced Kentucky auto accident attorney to investigate the cause of the accident and maximize all benefits available to the victims and their families. Matthew Troutman, a Kentucky auto accident lawyer, of the Troutman Law Office has been handling auto accident claims, almost exclusively, since 1986 and has the experience and talent to obtain the best result for the victims in the above car accident.
If you need legal assistance due to a motor vehicle accident, contact Kentucky auto accident attorney Matthew Troutman directly at 502-648-9507 or 859-696-0001 and he will meet with you in the hospital, your home or wherever is convenient for you. He will give you direct access through his cell phone and guide you through the difficult process necessary to obtain the best result possible for you in your car accident claim. To learn more about Lexington car accident attorney Matthew Troutman and the Troutman Law Office, click here.