Pedestrian Accident Claims in Kentucky

Where traffic signals are not in place or working, drivers must yield (slowing or stopping if needed) to a pedestrian crossing the roadway, and may not pass a vehicle stopped at a marked or unmarked crosswalk to let a pedestrian cross. A pedestrian crossing anywhere other than a marked crosswalk or an unmarked crosswalk at an intersection must yield to vehicles, and within city limits pedestrians may not cross between adjacent signalized intersections except in a marked crosswalk. Pedestrians may not suddenly step into the path of a close vehicle, and drivers must still use due care to avoid hitting any pedestrian.

Kentucky uses comparative fault. In tort cases involving fault of more than one party, the jury (or judge) finds the total damages and the percentage of fault of each party, including the injured person, and the award is set according to those percentages. The statute does not bar recovery when the injured person is partly at fault, which is generally described as pure comparative fault.

Kentucky is a no-fault (choice) state. Required liability coverage is at least $25,000 per person and $50,000 per accident for bodily injury and $25,000 for property damage (or a $60,000 single limit), plus basic reparation (personal injury protection) benefits of up to $10,000 per person. Drivers who accept the no-fault system may sue for pain and suffering only if medical expenses exceed $1,000 or the injury involves permanent disfigurement, a fracture, loss of a body member, permanent injury or loss of bodily function, or death. A person may reject the tort limitation in writing on a Department of Insurance form before an accident.

In general, a lawsuit for an injury to the person must be filed within one year after the cause of action accrued. For injuries from a motor vehicle accident covered by Kentucky's Motor Vehicle Reparations Act, a tort lawsuit may be filed within two years after the injury, the death, or the date of the last no-fault (basic or added reparation) benefit payment, whichever is later.