What Are the Legal Rights of a Pedestrian Hit by a Car?

Learn the Legal Rights of a Pedestrian Hit by a Car on this blog post.

A pedestrian hit by a car may sustain life-changing injuries or fatal injuries, depending on the speed of the vehicle upon impact. 77 pedestrians were killed in car accidents in Kentucky in a recent year, and another 749 pedestrians hit by a car were injured, according to the Kentucky Transportation Cabinet. These are people who were walking beside the road, or trying to cross an intersection, or navigating a parking lot on foot.

If you or a loved one has been hit by a car and injured in Kentucky, you may be dealing with unexpected medical bills, loss of income from disrupted work schedules, and an uncertain future. As a pedestrian hit by a car, you may have questions about whether anyone owes you compensation for your losses. Injured pedestrians have legal rights.

The Lexington pedestrian injury lawyers at Morgan, Collins, Yeast & Salyer can help you seek full compensation if you have been injured or a loved one has suffered fatal pedestrian injuries in a Kentucky motor vehicle accident. We are proud to help injured Kentuckians stand up for themselves. We have recovered more than $300 million in compensation for injured Kentuckians like you. Contact our Lexington office today for your free initial consultation.

What Are The Legal Options for a Pedestrian Hit by a Car?

The first option for a pedestrian hit by a car is to seek coverage of their medical expenses from the driver’s personal injury protection insurance policy. It provides coverage regardless of who was at fault.

If the automobile driver was at fault for hitting the pedestrian, the injured pedestrian may file a lawsuit and seek compensatory damages if their injuries exceed $1,000.

An injured pedestrian may have several options depending on the facts of the accident. An experienced injury attorney can review the facts of the pedestrian accident and help you understand your rights.

In a personal injury claim, an injured pedestrian may seek compensatory damages for the cost of:

  • Medical care, including the cost of any ongoing or future medical treatment,
  • Lost income, including future, lost earning capacity,
  • Damage to personal property,
  • Pain and suffering,
  • Mental anguish,
  • Permanent scarring, disfigurement, or impairment.

After a fatal pedestrian accident, the immediate family of the person who sustained fatal pedestrian injuries may be entitled to pursue a wrongful death lawsuit.

In special cases, the injured party may have a right to demand punitive damages, which are payments meant to punish the at-fault party for intentional or grossly reckless acts. For example, in a serious pedestrian accident caused by drivers who were racing on the street, we would likely seek punitive damages for our client.

It’s important to have an attorney review the circumstances of the pedestrian accident and evaluate the steps you can take to recover your losses.

What To Do After You Have Been Hit by a Car?

After a car accident, the way to protect your rights to seek compensation for your injuries is to collect as much information about the accident and injuries as you can. This can be difficult if you have been badly injured. Important steps to take after a pedestrian accident include:

Contacting the Police

  • If a state trooper or local law enforcement officer investigates the accident, they will file a report that identifies everyone involved, describes the pedestrian’s injuries, and provides their impression of what happened and why. When the report is available, you should obtain a copy of the police report.

Getting Medical Care

  • Call 911 for an ambulance. You’ll need emergency care if you have been seriously injured in a pedestrian accident. You should go to the hospital in the ambulance. If you don’t, you should see a doctor within 24 hours. Besides ensuring you get the care you need, a medical exam and treatment will document your injuries. This will be necessary for a pedestrian accident claim.

Contacting a Kentucky Pedestrian Accident Lawyer

  • If you have questions about who is responsible for your medical bills after a pedestrian accident, you should contact a knowledgeable Kentucky Courage lawyer as soon as possible. We can begin collecting information and preparing your claim while you focus on your health and recovering from your injuries. We know what is required to develop a successful claim and what tactics insurance companies use to minimize claims. Let our attorneys use our Kentucky Courage to stand up for you.

How Will Your Medical Bills Be Paid if You Are Hit by a Car?

An injured pedestrian would seek compensation for their medical expenses by making an initial claim against the Personal Injury Protection (PIP) insurance policy held by the owner of the car that struck them, regardless of who was at fault for the accident.

Basic PIP coverage, which is required of Kentucky car owners, provides up to $10,000 per person per accident for medical expenses, lost wages, and similar out-of-pocket costs due to an injury. PIP is sometimes called “basic reparations coverage.”

Statute of Limitations for Pedestrian Accident Claims in Kentucky

In most cases, Kentucky’s statute of limitations requires the victim of a motor vehicle accident to file a personal injury lawsuit within two years of the date of the injury.

As your attorneys, we can keep track of the calendar for filing your claim while avoiding insurance company delay tactics. We’ll meet all necessary deadlines as we pursue compensation for you.

Are You Injured and in Need of Legal Help? Contact a KY Pedestrian Accident Lawyer

Pedestrians often suffer severe injuries when they’re hit by a car. A pedestrian hit by a car will likely need a bigger insurance payout than the amount provided by Kentucky’s basic PIP coverage. If you or a loved one is in a difficult situation after a serious injury in Kentucky, the pedestrian accident attorneys of Morgan, Collins, Yeast & Salyer in Lexington can help. We will take care of the details of a claim and stand up to the insurance company when the time comes to demand the full compensation you need.

Contact us for a free case review today. When we handle your claim, you will not be charged until we recover money for you. Call (877) 809-5352 to get started now.

About the Author

I grew up in Johnson County and eastern Kentucky, all the way through Alice Lloyd College in Pippa Passes. After law school at Valparaiso University in Indiana, I came straight back to Kentucky to practice personal injury law. All I wanted to do was help people from my home, my Kentucky neighbors when they’ve been hurt by others.