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Pedestrian Hit By Motorcycle: Who is at Fault?

pedestrian hit by motorcycle

What you’ll learn from this article:

  • Kentucky is experiencing a rise in both pedestrian and motorcycle accidents.
  • A pedestrian hit by a motorcycle has legal options for pursuing accident compensation.
  • You can contact a qualified Kentucky accident lawyer for more information about who may be at fault for your pedestrian-hit-by-motorcycle accident.

Car accidents aren’t the only accidents on Kentucky’s roads. Pedestrians and motorcyclists are also involved in thousands of crashes annually.

The Governor’s Highway Safety Administration reports that Kentucky is in the country’s sixth-highest increase in pedestrian traffic fatalities. Motorcycle injuries and deaths are on the rise, too, according to the Kentucky Office of Highway Safety.

When a pedestrian is hit by a motorcycle, there’s a high risk of severe injury or death to either or both. But the nature of insurance coverage in Kentucky can make recovering compensation challenging. To help you, the team at McCoy & Sparks answers common questions about motorcycle-hits-pedestrian accidents.

What Should I Do After Getting Hit By a Motorcycle?

First, take immediate action to get medical care for yourself and others after an accident. Call 911 and follow the instructions from first responders and doctors. Save any documentation you receive, which will start a paper trail for your medical treatment.

Report the accident to the police and provide basic details about what happened. If the police don’t come to make a report, Kentucky law requires you to file an accident report within 10 days after an incident involving injuries or more than $500 in damage to a vehicle.

Gather evidence from the scene of the accident, including photos, videos, and witness contact information. Capture views of the area where the accident happened, road signs, skid marks, injuries, vehicle damage, and anything else that seems relevant to the accident. Speak to the witnesses and note what is said. 

Insurance companies and lawyers may begin contacting you after your accident. If a lawyer contacts you without you requesting that contact, you should take their name and ask who asks them to call you. Such contact by lawyers is often inappropriate and you can consider referring the name to the Kentucky Bar Association. 

If an insurance company contacts you, be careful what you say. Many insurance companies are trying to find a way to limit what you receive in compensation. It’s often best to avoid speaking to them until you have received advice from a lawyer of your choosing. You should know your rights before you agree to give a statement.

Is it the Pedestrian’s Fault or the Motorcyclist’s Fault?

Who is at fault for a pedestrian vs. motorcycle accident depends upon all of the circumstances. Generally speaking, fault in Kentucky is based upon the breach of the duty of care and upon conduct that is deemed to be other than what a reasonably prudent person would engage. Kentucky is a pure comparative fault state, which means that there is 100% of fault to allocate amongst potentially responsible parties. It can be divided into whatever percentages fit the facts at issue. 

Some examples of how “fault” could be allocated:

  • The pedestrian 100%
  • The motorcyclist 100%
  • The pedestrian and motorcyclist 50% (or any combination) each 
  • Another driver
  • A government agency in charge of maintaining the roads
  • A third party, like a construction company that left debris in the roadway
  • Vehicle manufacturers that design faulty equipment/parts

All motor vehicle collisions (including motorcycles) in Kentucky are covered by the Kentucky’s Motor Vehicle Reparations Act, commonly called the no-fault law. In most vehicle accidents in Kentucky, an injured occupant has access to personal injury protection, or PIP, to cover basic medical costs and partial lost wage reimbursement up to $10,000. But unlike for a car, PIP is an optional coverage for motorcycles. If the bike does not have coverage, the injured person has to examine other policies for potential PIP coverage.  

If you have extensive injuries with large medical bills, even with PIP, you will need an additional source to help cover the expenses. The most common sources are health care coverage, medicare, and tort liability coverage that a qualified attorney can assist you in recovering. 

Dealing with the insurance company and legal system can be challenging for the average person. Many people choose to work with auto accident lawyers to make the process go more smoothly. A lawyer with experience handling pedestrian and motorcycle accident cases can provide valuable insights as you pursue accident compensation.

Pedestrian Hit By Motorcycle? McCoy & Sparks Can Help

For more than a decade, the lawyers at McCoy & Sparks have been helping Kentucky’s injured people. We care about empowering you to understand your legal options, make smart choices, and seek the compensation you deserve.

You owe McCoy & Sparks nothing unless we recover accident compensation for you. Schedule your FREE consultation now by calling 844-459-9467 or filling out our online form to get started.