If you’ve been seriously injured in a pedestrian accident in Louisville, you may be facing medical bills and wondering if no-fault insurance will completely cover them—or what to do if personal injury protection benefits (PIP) aren’t enough. An experienced Louisville pedestrian accident lawyer can help you work through the claims process.
With decades of experience, our personal injury law firm has guided victims of pedestrian/auto accidents through the legal process to recover the compensation they deserve. Call us for a free case evaluation.
Who Is a Pedestrian Under Kentucky Law?
In Kentucky, a pedestrian is legally defined as any person who is afoot (traveling on foot) or in a wheelchair.
What Is Kentucky’s No-Fault Law for Motor Vehicle Accidents?
Kentucky’s no-fault law is the Motor Vehicle Reparations Act (KRS 304.39).
- The law mandates PIP coverage for most vehicles, excluding motorcycles.
- PIP provides up to $10,000 for medical expenses, lost wages, and other costs, regardless of fault.
- The right to pursue a car accident lawsuit against an at-fault driver is limited unless injuries meet serious injury thresholds like:
- The victim suffered physical injuries resulting in over $1,000 in medical bills.
- The victim broke a bone.
- The victim suffered permanent disfigurement or injury.
- The victim died.
- Individuals can reject insurance company coverage limitations by filing a form with the Department of Insurance, but this affects PIP benefits and may raise liability premiums.
- Motorcycle owners must opt into PIP coverage. Otherwise, they forfeit the first $10,000 of claims against at-fault parties.
- Claims for uninsured/underinsured motorist coverage can be filed through the Kentucky Assigned Claims Plan.
Can a No-Fault Policy Cover a Pedestrian Accident?
Yes. The PIP of the striking vehicle generally pays first in a pedestrian accident. Additionally, a no-fault insurance policy covers all family members living in your household. PIP benefits apply even if a family member is a passenger in someone else’s car or is a pedestrian during an accident. It also covers pedestrians injured in an accident involving your car up to the coverage limit specified in your policy.
Common Causes of Pedestrian Accidents in Louisville
Do I Need a Personal Injury Attorney in Kentucky’s No-Fault System?
Injuries suffered in a pedestrian collision are often catastrophic injuries. In a no-fault insurance system like Kentucky’s (if your injuries are severe and caused by someone else’s negligence), you may be able to pursue compensation beyond the striking vehicle’s PIP insurance coverage and no-fault benefits with a personal injury case. The experienced personal injury lawyers on our legal team have in-depth knowledge of no-fault insurance and can help you determine if you are eligible to file a Kentucky pedestrian accident case.
Compensation for Seriously Injured Pedestrian Accident Victims
Many pedestrian accidents occur in dangerous pedestrian areas when traffic rules are ignored, such as a driver failing to yield at a pedestrian crossing, a driver disregarding traffic lights or traffic signals, or a drunk driver acting recklessly.
In such cases, fair compensation in a personal injury lawsuit following an accident (that meets the serious injury threshold) can include additional damages beyond those provided in no-fault insurance claims. In rare cases, punitive damages may be granted. Maximum compensation may include costs for medical care, lost wages, pain and suffering, and more.
How Long Do I Have to File a Pedestrian Accident Injury Case in Louisville, Kentucky?
Under Kentucky’s Motor Vehicle Reparations Act, the statute of limitations for filing a pedestrian accident claim is two years from the date of the injury or the last basic/added reparation payment. Wrongful death claims must typically be filed within one year of a personal representative’s appointment under KRS 413.140(1).
Contact Our Louisville Pedestrian Accident Attorneys Today
When pedestrian accidents happen, the results can be devastating. If you or a loved one has been injured by a negligent driver—one guilty of reckless or distracted driving—while walking, our Kentucky pedestrian accident lawyers are here to help you seek compensation with a personal injury claim.
Reach out to the experienced attorneys at our personal injury law firm today for a free consultation.
(312) 223-1700