Pedestrian Killed On I-64 In Franklin County, Kentucky
April 7, 2023
On Tuesday, April 4, 2023, a pedestrian was killed will walking on I-64 in Franklin County, Kentucky. The pedestrian was 25-year-old, William Dawson Bach, of Lexington, Kentucky. There is no explanation of why Mr. Bach was a pedestrian on a 4-lane interstate. My experience, as an auto accident attorney for over 36 years, is that the pedestrian is either committing suicide or under the influence of drugs.
A Personal Injury Claim by a Pedestrian in an auto accident is a unique claim?
In Kentucky, a pedestrian injured by a car, truck or motorcycle is entitled to Kentucky no-fault benefits from the vehicle that struck the pedestrian. No-fault benefits, also called, personal injury protection (PIP) benefits, provide $10,000.00 of insurance to pay for medical expenses, lost wages and reimbursable expenses. 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.
Many pedestrians do not own a vehicle, which can limit the insurance coverage available to them for their injury claim. Most at fault drivers do not have enough insurance to satisfy the personal injury claim of a pedestrian and therefore underinsured motorist coverage would help the pedestrian recover more of their damages. However, if a pedestrian does not own a vehicle or live with a resident relative that owns a vehicle, they will not have access to underinsured motorist coverage.
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.
CONTACT LEXINGTON AUTO ACCIDENT LAWYER
If you are involved in a car, truck or motorcycle accident, you will require the services of an experienced Lexington auto accident attorney to investigate the cause of the accident and maximize all benefits available to the victims and their families. Matthew Troutman, a Lexington 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 Lexington auto accident attorney Matthew Troutman directly at 859-696-0001 or 502-648-9507 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.