Pedestrian accident involving dementia raises questions

On Behalf of | Nov 29, 2020 | Car Accidents

Pedestrian accidents impact more than just the driver and victim. A serious injury in Kentucky may lead to lost wages and hospital debt that requires a victim to make a claim against in order to recover any damages possible. 

What if the victim dies? What if authorities press no charges? How does dementia play into an insurance claim or a wrongful death case? 

WTVQ News reports on a strange and fatal accident between a man with dementia and a concrete truck. 

A walk in the road

Autopsy reports claim that a man died after sustaining blunt force trauma. The 72-year-old man in question died on the scene of a crash where a concrete truck hit him in the dark. The driver did not see the man. 

The elderly pedestrian suffered from dementia. 

Officials and the coroners office are still investigating the situation. It is unclear if the state is filing charges against the driver, though authorities do not anticipate any. 

An investigation with few answers

The story leaves us with little known about the case. If the elderly pedestrian has family, what recourse do they have in this situation? This may be a case of driver negligence but does the case change if no one files charges against him or her. Depending on the kind of elder care the man received, there may even be a case of guardian negligence. 

In regards to insurance, what can this man’s family do if their provider or the driver’s insurance decides that the man’s dementia negates any claim they might have regarding life insurance? While this investigation continues, it is vital that anyone looking to preserve their right to take legal action have all the details available.