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IS IT TRUE A PEDESTRIAN CAN NEVER BE AT FAULT IN AN ACCIDENT?

No, a negligent pedestrian could share in the fault for a car-pedestrian accident.

The duties of pedestrians are set out in the Kentucky statutes at KRS 189.570. Pedestrians have to obey traffic control devices, use sidewalks and crosswalks when provided, yield the right of way to vehicles when outside crosswalks, and cannot “suddenly leave a curb or other place of safety and walk or run into the path of a vehicle which is so close as to constitute an immediate hazard.”

Kentucky is a comparative fault jurisdiction, so the jury would divide the liability proportionately to the percentages of fault between the pedestrian and the car’s driver, provided they each violated their respective duties of care.

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This is a blog post, not specific legal advice. No attorney-client relationship is intended or created.

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