Kentucky Bicycle And Pedestrian Accidents Lawyers You Can Trust
According to information released by a Commonwealth of Kentucky Transportation Cabinet (KYTC) report published in 2024, more than 75% of pedestrian fatalities in 2023 occurred after dark. Just as seatbelt safety for motor vehicles was a major campaign for the KYTC some years ago, the agency’s goal is to create a safe transportation system for all users of Kentucky’s roadways, including cyclists and pedestrians. There is still much work to be done before that objective is met. Common reasons for pedestrian or cyclist accident injuries include:
- Leaving or approaching a vehicle
- Crossing at an intersection
- Wearing dark clothing
- Darting into a road
- Drinking alcohol or using drugs
- Jogging
- Playing on the road
- Getting on or off a bike
- Skateboarding
- Rollerblading or skating
It can be confusing and chaotic after an accident or a loved one’s death in a bike or pedestrian accident. Our personal injury lawyers have more than two decades of experience helping our clients speak to insurance companies and file injury claims.
Frequently Asked Questions About Pedestrian And Bicycle Accidents
Our personal injury attorneys at Foreman Watson Holtrey, LLP have been representing clients throughout Kentucky in wrongful death, motor vehicle accident claims, and much more since 1994. Here are brief answers to questions our clients and their families typically ask us.
How is liability determined?
In Kentucky, liability for a bicycle or pedestrian accident is determined based on the principles of negligence. This means that the party who is found to be negligent, or who did not use reasonable care, is typically held liable for the accident. Both bicyclists and pedestrians have a duty to obey traffic laws and exercise caution to ensure their safety and the safety of others. In assessing liability, factors such as whether traffic signals were obeyed, if the pedestrian was using a crosswalk, or if the bicyclist was riding on the correct side of the road are considered. Kentucky follows a “pure comparative negligence” rule. The court looks to the percentage of fault each party can be held liable, including the person with injuries, and adjusts the amount of compensation accordingly. The specific facts of the accident make each case unique.
How long after an accident can I file a claim and get compensation?
In Kentucky, the statute of limitations for filing a personal injury claim, including those involving bicycle or pedestrian accidents, is generally one year from the date of the accident. This means you typically have one year to initiate legal proceedings to seek compensation for injuries sustained. However, there can be exceptions or additional considerations depending on the specifics of the case, such as the involvement of a government entity or if the injured party was a minor at the time of the accident. It’s crucial to consult with a legal professional to ensure all deadlines are met and to receive guidance tailored to your situation.
What should I do if someone hits me off my bike?
If you are able, move off the roadway and out of the way of further harm. Take a moment to check yourself and others for injuries. Call 911. Even if you are feeling alright, it is a good idea to get a medical checkup just in case. Keep records or a journal of all expenses and communications related to the accident.
- Make a report: Tell the police so will have an official report for insurance and legal purposes. Note the time, date and weather conditions.
- Get their name: Get the name of the driver or person who knocked you off your bike; find out how to contact them, their insurance information, and vehicle details. Gather the same for any witnesses of the accident.
- Take photos: Of the scene, your bike and injuries, the other vehicle involved, any damage and the surrounding area.
- Contact your insurance provider: Even if you were not at fault, notify your insurance company about the accident.
- Speak with a personal injury attorney: To understand your rights and legal options, especially if there are significant injuries or damages.
Following the above steps can help you protect your interests.
Protect Your Future After An Accident. Schedule A Free Legal Consultation Today.
When you face a legal challenge, especially after a personal injury from a pedestrian or bicycle accident, you deserve a team that stands by you every step of the way. Our extensive experience in defending the rights of individuals ensures you receive the representation you need. Send us an email or call Foreman Watson Holtrey, LLP, in Owensboro, at 270-446-5879 for a free consultation to discover your legal options.