My daughter was hit head-on by a motorist while crossing the street...

by Samantha
(Oak Grove, Kentucky)

My 10 year old daughter left a friend's house and went to cross the street and got hit head-on. She suffered a broken tibia, fibula, and fractured ankle. The motorist didn't have any damages to her vehicle. My daughter wont be able to walk for 12 weeks.

The children who were with her say the lady wasn't paying attention and the police report says my daughter darted across the street. I would like to know if I can get compensation for medical expenses and lost time at work? Or even if I have a valid case? What can I do? Thank you for any information you can give.

Visitor Question:
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ANSWER for "My daughter was hit head-on by a motorist while crossing the street...":

Samantha (Oak Grove, Kentucky):

Obtain a copy of the police report. It may contain adult witness statements. If so, contact those witnesses and ask what they saw and heard. With the permission of their parents, you can ask the children who were with your daughter what they saw and heard.

However, from the facts you present the driver was not issued a traffic citation. That leads us to believe it may have been your daughter who was at-fault. While that is a harsh thing to say, if it is true, then you may not have a viable injury claim against the driver.

However, because of the seriousness of your daughter's injuries it would be in your and your daughter's best interests to consult with a personal injury attorney.

Injury attorneys don't take "no" for an answer. If the attorney believes there is a chance the driver may be responsible, then you may have the basis of a legitimate injury claim.

The State of Kentucky follows the Pure Comparative Negligence doctrine. This means car accidents don't always have to be "black or white." There are times when both parties share some responsibility for an accident. When that occurs, the percentage of fault may be split according to each party's degree of negligence.

Read Kentucky's Comparative Fault Statute here:
Kentucky Revised Statutes Section 411.182

A seasoned personal injury attorney knows all about comparative negligence. Moreover, most reputable injury attorneys in Kentucky do not charge for initial office consultations.

After reviewing the facts of the case, including your daughter's medical records, a seasoned personal injury attorney will be able to give you a better idea of the viability of your claim and the probability of success.

The above is general information. Laws change frequently, and across jurisdictions. You should get a personalized case evaluation from an attorney licensed in your state. Find a local attorney to give you a free case review here, or call (888) 647-2490.

Best of luck,

Judge Calisi

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