Pedestrian safety is a growing concern across Kentucky. As traffic congestion and distracted driving increase, so do pedestrian accidents. One common yet misunderstood scenario involves pedestrians who are hit while jaywalking. The question many people ask after such an incident is this: Can I still file a pedestrian injury claim if I wasn’t in a crosswalk when I was hit?

The short answer is: yes, but it depends on the circumstances—particularly how fault is assigned under Kentucky law. This article will walk through the factors that affect your ability to recover compensation after a jaywalking accident in Kentucky and how a pedestrian accident lawyer can help protect your rights.

Understanding Pedestrian Injury Law in Kentucky

Kentucky uses a "pure comparative negligence" system. This means that injured pedestrians can pursue a claim even if they share part of the blame for the accident—including when jaywalking. However, the amount of compensation they receive will be reduced in proportion to their percentage of fault.

For example, if you were 60% responsible for the accident because you crossed outside of a marked crosswalk, and the driver was 40% at fault for speeding or texting, you could still recover 40% of your total damages. Unlike some states, Kentucky does not bar recovery at a certain percentage of fault.

What Is Considered Jaywalking in Kentucky?

Jaywalking typically refers to crossing the street outside of designated crosswalks or against traffic signals. While not always illegal, jaywalking can violate traffic laws if:

  • A pedestrian crosses at an unmarked area when a nearby intersection has a signal.
  • The person enters the road without giving drivers enough time to yield.
  • The pedestrian ignores traffic control devices or pedestrian signals.

In Kentucky, these behaviors may be considered negligent, which can impact your pedestrian injury claim. Still, jaywalking does not automatically mean you're entirely at fault.

When Drivers Are Still Liable in Jaywalking Accidents

Even if a pedestrian is jaywalking, drivers have a duty to operate their vehicles safely. That includes:

  • Watching for pedestrians in the roadway, even outside of crosswalks.
  • Adjusting speed in high-foot-traffic areas, like schools or city streets.
  • Avoiding distractions, like texting or adjusting navigation.

A pedestrian accident attorney will investigate whether the driver was speeding, intoxicated, distracted, or failed to take reasonable steps to avoid the collision. If so, those factors can outweigh or reduce the pedestrian’s fault in the accident.

Building a Pedestrian Injury Claim After Jaywalking

If you're hit by a car while jaywalking in Kentucky, you may still have a valid claim. However, proving that the driver shared responsibility is key. Here’s what helps build a strong case:

1. Witness Testimony
 Eyewitnesses who saw the accident can support your version of events—especially if the driver was doing something unsafe.

2. Traffic Camera or Surveillance Footage
 Nearby businesses, homes, or traffic lights may have recorded the crash. A pedestrian accident lawyer can help secure that evidence quickly before it's deleted or lost.

3. Police Reports
 Police officers often note key details about the scene, including skid marks, vehicle damage, and whether either party was cited.

4. Medical Records
 Documentation of your injuries and treatment timeline helps support the value of your claim and connect your injuries to the accident.

Common Injuries in Pedestrian Accidents

Pedestrian injuries are often severe—even at low vehicle speeds. According to the National Highway Traffic Safety Administration (NHTSA), over 80% of pedestrian fatalities happen in urban areas, with non-intersection locations accounting for the majority.

Common injuries include:

These injuries often lead to long recovery periods, expensive medical bills, lost wages, and lasting emotional distress. That’s why filing a pedestrian injury claim—even after jaywalking—can be essential to protecting your financial future.

How Insurance Handles Jaywalking Accidents in Kentucky

Kentucky is a no-fault insurance state. This means that your own Personal Injury Protection (PIP) coverage typically pays for your initial medical bills and lost wages, regardless of who was at fault.

However, you can step outside the no-fault system and file a liability claim against the driver if:

  • Your medical expenses exceed $1,000, or
  • You suffer a permanent injury, fracture, or significant disfigurement.

A pedestrian accident lawyer can help you evaluate whether your injuries meet these thresholds and guide you through the process of pursuing additional compensation.

Why You Need a Pedestrian Accident Attorney

Filing a pedestrian injury claim in Kentucky after jaywalking is not straightforward. Insurance companies often argue that a pedestrian who crossed outside a crosswalk is entirely to blame. An experienced pedestrian accident attorney can:

  • Investigate the accident scene and gather time-sensitive evidence
  • Challenge the driver's version of events
  • Calculate the full extent of your damages
  • Negotiate with insurers for a fair settlement
  • Represent you in court if the insurer refuses to settle

Trying to navigate these complexities alone can leave you undercompensated—or worse, with your claim denied entirely.

Statute of Limitations for Pedestrian Injury Claims in Kentucky

In Kentucky, you generally have one year from the date of the pedestrian accident to file a personal injury lawsuit. This is a shorter window than many other states, so it’s important to act quickly. Failing to file within this deadline usually means losing your right to recover any compensation.

Call Brandon J. Broderick For Legal Help

If you were hit by a car while jaywalking in Kentucky, don’t assume you’re out of options. Kentucky’s comparative negligence laws may still allow you to recover compensation for your injuries, even if you were partly at fault. The key is having a strong advocate who understands how to build a case under these unique circumstances.

At Brandon J. Broderick, Attorney at Law, we fight for injured pedestrians—whether they were in a crosswalk or not. Our team will listen to your story, investigate your accident, and help you understand your rights and options. Don’t let an insurance adjuster determine what your case is worth.

Contact us today for a free consultation with a pedestrian accident lawyer who knows Kentucky law and how to stand up to insurance companies.

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