Will Insurance Cover Me if I Was Hit by a Car While Walking in Kentucky?


If you or a loved one have been hit by a car while walking outside contact an attorney before doing anything else to protect your rights. While insurance should cover you if you have been hit by a car while walking, insurance companies are slick negotiators. They are hoping to pay you as little as possible. At Spivak & Sakellariou we are dedicated personal injury attorneys that focus on pedestrian accidents. We can help make sure you take the right steps following your accident to defend your rights.

A Pedestrian Accident Injury is More Common Than You Think

According to the National Highway Traffic Safety Administration (NHTSA), 17% of people in road-related accidents are pedestrians. In fact, in Kentucky this year, 50 pedestrians have already died as a result of a pedestrian accident injury and countless more have survived with life-altering disabilities. That’s a sobering statistic.

If you or a loved one have survived a pedestrian accident, you may be wondering if your insurance will cover you. Or, you might be wondering how a pedestrian accident lawyer can help you file a pedestrian accident insurance claim. We’ve broken down all the facts below so keep reading to find out.

What is Considered a Pedestrian Accident?

In Kentucky, a pedestrian is any person afoot or in a wheelchair. A pedestrian accident is any type of accident in which a pedestrian, as defined above, is injured or killed at the fault (or partial fault) of a second party.

While the most common cause of a pedestrian accident is being hit by a car while walking or running, accidents can also occur due to improper sidewalk maintenance and irresponsible cycling.

Am I Covered by Insurance If I Get Hit by a Car While Walking?

If you’ve sustained a pedestrian accident injury you are able to make a claim from the driver’s insurance company. The driver’s auto insurance coverage will allow you to receive a financial settlement to cover your specific financial losses. These can include: missed wages due to your injury, medical bills, and/or pain and suffering compensation.

Pure Comparative Fault in Kentucky

Kentucky utilizes a pure comparative fault system when determining negligence. This means that even if you were partly at fault for your accident you still have a right to compensation. The amount of compensation that you will receive will be dependent on the percentage of fault the courts deem you to have.

For example, if your case went to trial and you were awarded a $100,000 claim but were found to be at 50% fault for the accident, you would still be awarded $50,000.

How Spivak & Sakellariou Can Help

When you call our office, you’ll get a free consultation with a Personal Injury Lawyer. During that conversation, we’ll review the facts of your case, get to know you and your family, and determine how we can best help you get what you deserve. Every case is different, just as every family is different. We will tailor a service that best matches your needs, your goals, and your unique circumstances.

When you make a personal injury claim, there are two likely routes your case will go down.

Your Claim

Many of these types of cases settle out of court with insurance companies. Those that aren’t, go to court. Not only are the partners at Spivak and Sakelleriou skilled and experienced negotiators, but we are also trial lawyers with decades of experience between us.

You can feel confident with us either in the conference room or the courthouse. Our approach is simple, we take the time to listen to every client’s unique needs. Individual attention and deep empathy help empower us to get the best results for every person that walks through our doors.

We understand that nobody wants to be in your position. It can be a very difficult time. Our goal is to help you navigate this difficult time to help you get what you deserve and move on with your life. You shouldn’t suffer unfair financial burdens that make it difficult to move on.

If you’ve been hit by a car while walking, do not hesitate to reach out today.  Our trained and professional pedestrian accident lawyers are here to help.