Car accident in the street

Somerset Pedestrian Dies in Auto Accident in McCreary County Kentucky

Matthew Troutman Nov. 22, 2022

A 35-year-old man has died from injuries suffered in a car v. pedestrian accident on US 27 near Ky Highway 3252 in McCreary County, Kentucky. The victim was struck near the fog line on southbound US 27 around 7:00pm on November 19, 2022 and he was struck by a pick-up truck operated by and 18-year-old man.

Pedestrians not allowed to walk along roadway

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. In the accident described above, the pedestrian will certainly have to bear some responsibility for causing the accident because he is walking in a roadway. 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 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 a vehicle

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 resolving their claim without having to go through the hassle of litigation, which can be stressful for a lot of people.

Contact Kentucky Pedestrian Accident Lawyer

These circumstances will require the services of an experienced Kentucky pedestrian accident attorney to investigate the liability issue and locate all available insurance to maximize all benefits available to the victim’s family. Matthew Troutman, Kentucky pedestrian accident lawyer, of the Troutman Law Office has been handling pedestrian accident claims and auto accident claims, almost exclusively, since 1986 and has the experience and talent to obtain the best result for the victim in the above pedestrian accident.

If you need legal assistance due to a motor vehicle accident, contact Kentucky pedestrian 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 the Troutman Law Office, click here.