Bowling Green, KY asked in Personal Injury and Car Accidents for Kentucky

Q: Can a pedestrian be at fault in any way if they are injured by a car?

3 Lawyer Answers
Anna Aleksander
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Anna Aleksander
Answered
  • Personal Injury Lawyer
  • Louisville, KY
  • Licensed in Kentucky

A: Kentucky is a comparative fault state. This site is for general questions only. To answer your question, yes it is possible. If the pedestrian was some percentage at fault in causing the result such as if for example he failed to yield the right of way to a vehicle or crossed the street on red light, or leapt at the oncoming vehicle etc etc.

Adam Michael Russell agrees with this answer

Brandon Voelker
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Brandon Voelker
Answered
  • Personal Injury Lawyer
  • Covington, KY
  • Licensed in Kentucky

A: Yes, Kentucky is a comparative fault state. A jury will decide the level of fault for each party. A person can be assinged 1-100% of the fault. For example, if the jury determines the pedestrian was at fault at all, they could be assigned a percentage of fault. For example, jury finds $100,000 in damages, but pedestrian 50% at fault, the pedestrian would receive $50,000

Adam Michael Russell agrees with this answer

Adam Michael Russell
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Adam Michael Russell
Answered
  • Personal Injury Lawyer
  • Covington, KY
  • Licensed in Kentucky

A: I agree with the other answers. There are so many reasons a jury could apportion fault upon a pedestrian. Some examples that come to mind would include jay-walking, darting, or entering the road while staring at a cell phone.

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