Pedestrians Struck By Automobiles in Two separate Auto Accidents in Kentucky
March 2, 2023
On March 1, 2023 two separate accidents resulted in the death of one pedestrian and injured another in two different locations in the state of Kentucky. In Owensboro, Kentucky a street maintenance crew leader by the name of Billy Tyler was killed when struck by an automobile. Mr.Tyler was removing debris from East Parrish Avenue due to a complaint made with the city and was struck by an automobile at that time.
Around 5pm on March 1, 2023 a pedestrian was struck by an automobile in Newport, Kentucky. The pedestrian was waiting for a bus at the intersection of Monmouth Street and 19th Street in Newport when they were struck by a vehicle that left the roadway. The vehicle struck the pedestrian and took out a bus stop bench. There is no current explanation for why the automobile left the roadway.
Rules of the roadway for Pedestrians
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 and to avoid contact with pedestrians, if possible, under the circumstances. If the driver of the vehicle in the Owensboro accident did not pay proper attention, then both parties could bear some responsibility for causing this accident. It seems clear that in the Newport accident that the driver of the automobile is solely at fault for causing that 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. 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.
CONTACT KENTUCKY CAR ACCIDENT LAWYER
If you are involved in a car, truck or motorcycle accident, you will require the services of an experienced Kentucky car accident attorney to investigate the cause of the accident and maximize all benefits available to the victims and their families. Matthew Troutman, a Kentucky car 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 car 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 Kentucky car accident attorney Matthew Troutman and the Troutman Law Office, click here.