A pedestrian accident occurs when a walker, jogger, or anyone who is not in a car is involved in an accident with a vehicle. Because motor vehicles are large and heavy machines, when an unprotected pedestrian is struck it can cause debilitating injuries and even death. Fatal pedestrian accidents can occur in a multitude of circumstances. We understand the delicate nature of handling the death of a loved one. For skillful legal representation during your difficult time, work with a Pike County, KY pedestrian accident lawyer.
What Are the Common Causes of Pedestrian Accidents?
A pedestrian accident can be caused by a number of mistakes or reckless behavior on either the part of the driver or the pedestrian. Consider the following ways that a driver may be responsible for an accident.
- Speeding
- Intoxicated driving
- Illegal U-turns
- Failure to yield the right of way
- Distracted driving
A pedestrian may have been the catalyst for the accident if they participated in the following behavior.
- Intoxicated walking
- Distracted walking
- Jaywalking or illegal crossing
- Failure to yield the right of way
- Standing, lying, or playing on the road
Accidents can occur for various reasons. There can also be extenuating circumstances that result in an accident, like bad weather, low visibility, car troubles, medical emergencies, etc.
Can I File a Wrongful Death Claim?
A wrongful death claim can be filed on behalf of a victim who passed away due to injuries sustained in an accident. Generally, if the victim would have been entitled to compensation if they had lived, their surviving family and dependents may be able to pursue legal action against the negligent party.
While some states allow the deceased’s spouse or other relatives to file a claim or lawsuit, Kentucky law requires that the representative of the departed’s estate initiates the wrongful death claim. If no representative or executor was established before the victim’s death, the court will appoint one.
Through a wrongful death claim the victim’s surviving spouse, children, or other relatives may be able to collect damages for medical costs, loss of income, loss of companionship, and more.
What is the Statute of Limitations for a Wrongful Death Claim in Kentucky?
Like any accident case, wrongful death claims have a statute of limitations. The statute of limitations defines the time period in which a victim of a crime or accident can begin the process of taking legal action against a liable party.
According to Kentucky state law, the statute of limitations for a wrongful death claim is 1 (one) year after the date of the victim’s death. If the deceased’s personal representative does not make a motion to file a claim or lawsuit before the one-year statute expires, they lose the right to pursue legal action and compensation from the negligent party.
To ensure you are meeting all required deadlines and following proper legal procedures, retain the services of one of our skilled wrongful death lawyers. Speak with an attorney today to begin discussing your situation.
