If you were injured in a pedestrian accident, we can help. When you’ve been in an accident getting the right legal advice is critical. The team of Spivak & Sakellariou can help with your pedestrian accident claim. Their first step is often with your insurance company.
Type of Pedestrian Accident Insurance Coverage
There are two common types of insurance coverage that may be a part of a pedestrian accident claim.
Kentucky No-Fault PIP Coverage for Pedestrians
Kentucky requires all car owners to carry Personal Injury Protection (PIP). PIP is a no-fault benefit that covers up to $10,000 per person in injury expenses.
Pedestrians involved in an accident with a car can use the driver’s PIP coverage. These benefits pay your:
- Hospital bills
- Therapy
- Lost wages (up to $200/week)
If your medical costs exceed $1,000 or you suffer a permanent injury, you may decide to work with a pedestrian injury lawyer to file a lawsuit for the extra expenses.
Uninsured/Underinsured Motorist Coverage
Kentucky drivers must carry UM/UIM coverage. This is typically $25,000 per person.
- UM coverage protects you if the at-fault driver has no insurance.
- UIM coverage steps in if the available insurance of the at-fault driver is too low.
Kentucky law makes UM/UIM policies “personal” which means they aren’t tied to a vehicle but to the person. As a pedestrian, you can claim UM/UIM benefits through your own auto insurance policy.
For example, you have a car insurance policy and are out for a walk. A car turns a corner recklessly and hits you. The driver of that car is uninsured. Your UM coverage would be used to pay for your:
- Medical bills
- Lost income
- Pain and suffering
Filing Your Pedestrian Accident Claim
Following an accident, combining insurance benefits and legal action can maximize your recovery. An experienced Lexington pedestrian accident lawyer can help you through this process which can include:
- Filing PIP and UM/UIM claims with the respective insurers.
- Working with a pedestrian accident law firm, like our team at Spivak & Sakellariou, to determine if legal action can be taken.
Kentucky law allows lawsuits for “serious” injuries. These have more than $1,000 in medical bills, broken bones, permanent disability, or wrongful death. If your pedestrian accident claim meets these criteria, you can pursue the driver’s liability policy beyond the insurance limits.
As part of the discovery process your Lexington pedestrian accident lawyer will itemize all damages:
- Medical expenses
- Future care
- Lost earnings
- Pain and suffering
- Additional damages
And to support your claims, they will help you gather:
- Medical records
- Bills
- Accident reports to support the claim
What to Do After a Pedestrian Accident in Lexington
If you are injured in an accident as a pedestrian, there are some immediate steps you should take.
- Make sure that you are in a safe location
- Call 911 for medical and police help
- Report the accident to the police
- Document the scene with photographs and notes
- Collect witness information
- Get the driver’s license detail, contact information, and insurance policy numbers for the driver of the vehicle involved in the accident
Having a detailed record of the accident and your medical treatment strengthens your pedestrian accident claim.
Do I Need a Pedestrian Injury Lawyer?
Experienced legal help can be important to your successful recovery. Attorneys like Spivak & Sakellariou have that experience, having worked with hundreds of victims across Lexington and Kentucky. They can:
- Advise on relevant insurance coverages
- Handle complex insurance issues
- Help you claim PIP coverage and calculate if UM/UIM coverage will be needed
- File suits for a pedestrian accident claim
When choosing a pedestrian accident law firm, look for one with pedestrian accident experience and a track record of success in Kentucky cases.
Pedestrian Safety Tips
As a pedestrian you do have a responsibility to maintain your safety. That means:
- Always cross at marked crosswalks or intersections
- Obey pedestrian signals
- Look both ways before crossing
- Wear bright or reflective clothing at night to stay visible
Drivers have responsibilities too. They need to yield to pedestrians in crosswalks. It’s safest though to assume vehicles may not see you.
Lexington continues efforts to improve pedestrian infrastructure, reflecting Vision Zero goals to reduce pedestrian deaths. By staying alert and using safe crossing practices, you can reduce risk on the road. Read our pedestrian safety guide here.
Your Expert Lexington Pedestrian Accident Lawyer
Pedestrian accidents can have serious consequences. Spivak & Sakellariou can help you work through the insurance options after your pedestrian accident. If you’ve been injured walking in Lexington, don’t navigate the process alone. Contact your Lexington pedestrian accident lawyer today.
