In 2020, the Kentucky State Police reported a total of 896 pedestrian accidents and 96 fatalities. Of these, seven pedestrian deaths were due to hit-and-run cases. Moreover, 13 percent of Kentucky’s traffic fatalities were pedestrian deaths.
These figures show that pedestrian accidents are more common than we might think. Motor accidents can happen due to speeding drivers, distracted driving, drunk driving, and jumping red lights, leading to personal injuries and even death. Accidents can also occur anywhere — in intersections, crosswalks, parking lots, and school zones.
If you or a loved one was involved in a pedestrian-vehicle collision, hiring a pedestrian accident lawyer can help you file a claim so you can receive appropriate compensation. In this post, we delve into the importance of hiring a pedestrian accident lawyer and describe how to claim compensation for pedestrian accidents.
Pedestrians are entitled to compensation if they were in a motor accident that occurred due to the driver’s error. At the same time, drivers can also be granted compensation if they were involved in a car accident where the pedestrian was at fault.
While you can negotiate settlements independently, a pedestrian accident lawyer is more experienced in this area. They are, therefore, better equipped to help you get the compensation that you deserve.
Here are some benefits of hiring a pedestrian accident lawyer:
1. Ensures a Stress-Free Claim Process
Hiring a pedestrian accident lawyer helps you avoid the stress and hassle of negotiating with the other party and handling legal matters. This allows you to focus completely on recovering from your accident.
A pedestrian accident lawyer will look into your case and determine the person responsible for causing the motor accident. This will help you get a clear sense of where you stand in your case.
A lawyer will also tell you the steps that you need to take after a pedestrian accident. They will guide you on how to pursue the case and provide answers to your questions about legal aspects. They will even file a claim for compensation and help you ask for an appropriate figure.
Moreover, pedestrian accident lawyers will help you collect proof of negligence so that you can have a stronger case.
2. Prevents Insurance Companies From Passing the Buck
Often, insurers may provide victims with a quick and cheap settlement that undervalues what they are due. If the person who caused your injury was insured, insurers may also refute any responsibility and may even put the blame on the victim.
During negotiations with insurers, an attorney will represent and protect your interests and rights while expertly handling communications. This will prevent insurers from downplaying the damages that are due to you and help you strengthen your case.
3. Helps You Focus on Extras
Besides helping you get compensation for your current and future medical expenses, a lawyer will also factor in other aspects. These include lost wages, permanent impairments, reduced earning capacity, pain, and suffering. This helps you receive a fair settlement that meets your future needs after a major pedestrian accident.
4. Helps You Meet Legal Deadlines
The 1975 Motor Vehicle Reparations Act (MVRA) or the No-Fault Law governs motor vehicle-related personal injury cases in Kentucky. Under this act, the complainant has up to two years to file a lawsuit.
The deadline starts on the date of the last personal injury protection (PIP) payment. If no PIP payments were issued, the two-year deadline starts on the date when the victim sustained a personal injury.
If you had a severe injury, it may take months or even years to recuperate. Meanwhile, a pedestrian accident lawyer can file your case and handle everything so that you don’t miss important deadlines.
Pedestrian accidents aren’t always the driver’s fault. Even pedestrians can be held responsible for recklessness or carelessness on the road. Some of the common instances of pedestrian negligence include:
If a pedestrian’s error led to a motor accident in Kentucky, the pedestrian will be held responsible and will have to compensate the driver.
If a pedestrian gets hit in Kentucky, the driver has a legal obligation to stop and inspect the pedestrian’s health. If the driver doesn’t stop, the pedestrian accident turns into a criminal case.
When it comes to pedestrian accidents, the driver’s insurance usually covers damages. This ensures appropriate compensation for the victim’s healthcare expenses and non-economic losses like pain and suffering.
But in the case of hit-and-run accidents where the driver is unknown, pedestrians can still get compensation from their insurance providers under Kentucky’s No-Fault Law.
If you were in a pedestrian accident, you need to follow some steps to claim compensation:
1. Inform the Police
Alert the police about the motor accident and give them all the necessary details, including the extent of your injuries. Authorities will talk to eyewitnesses to determine the party responsible for the accident.
For future reference, take down the reference number and any other details that the police give you. You must have all the necessary details and must file a report immediately after an accident to seek timely compensation.
2. Visit a Hospital and Record Your Injuries
Go to a hospital or a clinic as soon as possible after an accident and get treatment for your injuries. Also, make sure that the healthcare professional records all your injuries in detail, including the minutest cuts and wounds.
If your injuries become more serious or indicate internal injuries that weren’t detected immediately, their documentation can help you seek further compensation that is due to you.
3. Keep All Medical Receipts
Save all the medical receipts that you get for the treatment, medication, and tests for your injuries. You can file them as part of your claim for compensation.
Hiring a pedestrian accident lawyer in Kentucky will help you file claims and avoid costly mistakes.
Bahe Cook Cantley & Nefzger can help you file a pedestrian accident claim in Kentucky easily and quickly. Led by renowned attorney Nathan D. Williams, we have extensive experience in dealing with pedestrian accident cases and will guide you every step of the way. This will help you get your due compensation without missing any important legal deadlines.
Contact our team of experienced lawyers by booking an online consultation or calling (270) 789-0088.
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