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The Whaley Law Firm Personal Injury Podcast – Episode 8

Hosted by Louisville personal injury attorney Aaron Whaley

As students head back to school, that means more people will be out in public. In Episode 8 of The Whaley Law Firm Personal Injury Podcast, Louisville personal injury attorney Aaron Whaley discusses pedestrian accidents, bicycle collisions and bus accidents. Have you been injured in an accident due to negligence? Contact our law firm today for your free consultation.

Whaley Law Firm Personal Injury Podcast

EP008 Notes

Pedestrian Accidents

This time of a year, it’s especially important for drivers to be aware of buses and students.  It’s not uncommon for both younger students and older students to be distracted as they head home. Unfortunately, they may not pay proper attention while crossing the streets.

If your child has been involved in a collision, get them medical treatment and let your attorney take care of the legal aspects. You have enough on your plate.

Pedestrian claims are somewhat different than vehicle collisions with other cars. Primarily, it’s a matter of PIP (“no-fault” insurance) coverage. In a collision with a pedestrian, the pedestrian will typically receive “no-fault” coverage from the at-fault driver. If the driver doesn’t have insurance, there may still be options for getting coverage to offset some of the medical bills.  Figuring this out is your attorney’s role. Again, focus on your child’s treatment and recovery.

It’s important that you avoid gaps in the medical treatment after an accident.  The insurance company will try to use this period of time to minimize the severity of the injuries or argue that they were caused by something other than the collision. This can happen if you wait to seek medical treatment and/or if the victim fails to complete the treatment path for check-ups, physical rehabilitation or other medical appointments.

Bicycle Collisions

A bicycle collision is handled very similar to a pedestrian collision. A bicyclist on the road is required to obey the same rules as a car. Obviously, bicyclists don’t always do it. This means comparative fault is an issue that is often part of the defense against a bicycle accident claim.  The insurance company may attempt to reduce its exposure by arguing the bicyclist was in-part responsible for the collision.

School Bus Wrecks and Public Bus Accidents

Generally, these are fairly standard when the collision is the fault of the bus driver and injuries occur to the passengers on the bus or to other drivers. However, when another vehicle causes the collision with the bus, it becomes more complicated.

Standard automobile insurance policies in Kentucky have limits which are there to pay for injuries and damage. Often, that coverage is divided among the passengers in the other car.  Assuming the car hit the bus, there are many more passengers (victims) who may have injuries and who will be entitled to the insurance proceeds. The insurance company will want to cover all of the claims from the injured passengers. They often won’t pay anything until they are able to settle all of the claims at once.  This can often cause significant delays in the resolution of the case(s).

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Important Disclaimers:

The information provided on this podcast is for general informational purposes only. It should not be construed as legal advice and does not constitute an attorney-client relationship. You should seek the advice of an attorney for guidance related to your specific situation. I am only licensed in Kentucky, so the general advice provided may not apply outside of Kentucky.

This podcast may be freely shared but may not be modified or edited in any way. This is an attorney advertisement. Co-host Jim Ray is a non-attorney spokesperson.

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