No matter how it happens, being struck by a car as a pedestrian is a very serious thing. This is only made worse when the person that hits you is driving under the influence. And unfortunately, even if you’re in a well-lit, well-traveled place, the outcome of these types of accidents is usually severe, even fatal injuries.
This is what happened in a recent accident in Clay City, according to a story from LEX 18. Kentucky State Police (KSP) arrested a 25-year-old woman in connection with a fatal hit-and-run accident on Tuesday, May 13, 2025. KSP deputies responded to the call of a pedestrian being struck by a car near Dairy Queen on Main Street around 10:00 p.m. Once they arrived, they found the 42-year-old man had been killed. Investigators were able to trace parts of the vehicle to a Buick Encore, later found to have been driven by a 25-year-old woman that was under the influence of alcohol at the time. She was charged with leaving the scene of an accident without rendering aid, driving under the influence, tampering with evidence, and vehicular homicide while under the influence.
The arrest citation detailed that she had removed the man’s backpack from the front of her car and left it at a nearby gas station. KSP also noted that the woman had previously been arrested for DUI in Franklin County in 2024.
What Claims Options Are There After Fatal Pedestrian Accidents With a DUI?
Unfortunately, stories like the one above aren’t uncommon throughout Kentucky. While nothing can undo what’s happened, Kentucky law does give you the right to hold the driver accountable and seek financial support for what you and your family are going through.
In these types of accidents, it becomes what’s called a:
- Wrongful death claim–a type of legal case that allows close family members to file against the person or people responsible.
In Kentucky, only the “personal representative” of the person’s estate can file the claim. This is usually a person who’s named in a will, but for unexpected accidents (like the one above), there might not be a will. At that point, a judge can appoint someone to file the claim, usually a family member or lawyer hired by the family.
Once that’s sorted, the claim is filed much like a normal accident, usually either through an insurance claim or a lawsuit. And at that point, it’s all about recovering “damages,” but it’s a bit different than normal. In a wrongful death claim, damages include things like:
- Medical expenses that came before the actual death
- Funeral or burial costs
- Loss of companionship and parental support
- Loss of financial support or benefits
- Loss of future earnings
- Emotional distress and grief
- Punitive damages, in most DUI cases
Every situation is different, and the amount and type of damages you can recover depend on the facts of the case. Also, keep in mind: Kentucky has a one-year deadline (from the date a personal representative is appointed for the estate) to file the claim. So while it’s important to act quickly, it’s also an incredibly difficult time. If you’re unsure where to begin, our team of Kentucky wrongful death lawyers at Kaufman & Stigger, PLLC will be there to help.
Talk to Our Kentucky Wrongful Death Lawyers After a Fatal DUI Pedestrian Accident
Kaufman & Stigger, PLLC understands what families go through after a fatal pedestrian accident. We’re here to walk you through your legal options, answer your questions, and make sure the driver who caused this tragedy is held fully accountable. If you’ve lost a loved one in a DUI accident in Kentucky, we’re ready to help. Set up a free consultation with our team today.
