You are crossing the street at an intersection when a car hits you. There are sidewalks on both sides, but no painted crosswalk. Now you face medical bills and time away from work. Does the lack of markings affect your right to seek compensation?
You could still have grounds for an injury claim. Kentucky recognizes certain crosswalks even without painted lines. The state also offers no-fault insurance benefits to eligible pedestrians, so you do not always have to prove that a driver caused the crash to receive payment.
A crosswalk can exist without painted lines
Kentucky law recognizes a crosswalk where sidewalks line up across the street at an intersection. The road does not need painted lines.
When no traffic signals control the crossing, drivers must yield if you are crossing their half of the road. They must also yield if you approach from the other half and are close enough to face danger. Drivers have to slow down or stop when needed.
You have rules to follow, too. You must obey traffic signals that apply to you. You also cannot suddenly step in front of a car that is too close to stop.
How the driver’s actions affect your claim
Under Kentucky’s no-fault insurance system, you may qualify for up to $10,000 in basic benefits for medical bills and lost wages. The insurer of the car that struck you generally provides this coverage, regardless of who caused the crash.
A separate injury claim against the driver works differently. You have to show that the driver acted carelessly and caused your injuries. Video footage or witness accounts could help show whether the driver failed to yield. If you share fault, that can reduce your compensation.
Keeping records that matter
Nearby businesses may erase security footage on a regular basis. You may want to ask them to save any recordings while they are still available. Photos of the intersection and records of your medical care could also help show how the crash affected you and support your efforts to seek compensation.