Kentucky courts treat pedestrian accidents just as they do other types of auto accidents for the purposes of personal injury. However, the amount of damages awarded in a successful case varies based on the severity of the injuries and other factors.
Review the circumstances that influence personal injury recovery in Kentucky when a motor vehicle hits a pedestrian.
Types of damages
If the driver caused the accident and the pedestrian has at least $1,000 in medical bills, he or she can file a lawsuit for both monetary and nonmonetary damages. Monetary damages include costs such as medical expenses and treatments resulting from the injury, hospital bills, prescription medications, medical devices, physical therapy, lost wages, and loss of household services.
Nonmonetary damage amounts cover items without an exact number attached, such as pain and suffering and loss of life enjoyment.
The amount of a successful personal injury lawsuit varies based on the severity of the person’s injuries. For example, a broken arm that results in short-term disability costs much less than a paralyzing head injury that causes permanent disability.
While each accident has unique circumstances, pedestrians generally experience more severe injuries in a crash than drivers and passengers who have the protection of a motor vehicle. However, any crash involving a large tractor-trailer or truck tends to result in the most catastrophic injuries because of the sheer size and weight of these vehicles.
Kentucky also uses the comparative fault standard, which means the court can reduce an injured person’s award by his or her fault percentage. Pedestrians have one year to file a lawsuit for personal injury after an auto accident.