In an age where nearly everyone carries a smartphone, distracted walking has become a growing safety concern on Kentucky's roads and sidewalks. People frequently check messages, scroll social media, or use GPS apps while walking—often without noticing their surroundings. Unfortunately, this lack of attention can lead to serious pedestrian accidents.

In Kentucky, pedestrian safety is taken seriously, and so is personal responsibility. While drivers are often assumed to be the at-fault party in vehicle-versus-pedestrian accidents, that isn’t always the case. When a pedestrian's own negligence contributes to an incident, they may share legal liability. We explore how Kentucky law treats distracted walking accidents and whether pedestrians can be held accountable for their own injuries in the article below.

Kentucky Pedestrian Laws: What Do They Require?

Kentucky Revised Statutes (KRS) Section 189.570 outlines the obligations of pedestrians on roadways. Some of the key rules include:

• Pedestrians must obey traffic signals and control devices.
• When sidewalks are provided and accessible, pedestrians must use them.
• When there is no sidewalk, pedestrians are required to walk on the left side of the road facing traffic.
• Crossing the street outside of a marked crosswalk or signalized intersection requires yielding to traffic.
• Pedestrians must not dart into traffic unexpectedly, making it unsafe for vehicles to stop.

Failing to follow these rules doesn’t automatically bar a pedestrian from seeking compensation after an accident, but it may reduce or limit their recovery.

Kentucky's Comparative Fault Rule

Kentucky follows a "pure comparative fault" system under state law. This means a pedestrian can still recover damages even if they were partially responsible for the accident. However, their compensation will be reduced by the percentage of fault assigned to them.

For example, if a pedestrian is found 40% responsible for stepping into traffic while distracted, and the driver is found 60% at fault, the pedestrian would only receive 60% of the total awarded damages.

Examples of Distracted Walking Leading to Liability

Looking at a Phone While Crossing

One of the most common distracted walking behaviors is looking down at a phone instead of the road while crossing an intersection. If a pedestrian fails to notice a signal change or approaching vehicle and causes an accident, they may be found partly liable.

Wearing Headphones in High-Traffic Areas

Listening to music or podcasts with both ears covered may impair a pedestrian’s ability to hear car horns or warnings. If the distraction leads to unsafe crossing or a lack of awareness, it could play a role in assigning liability.

Walking While Intoxicated

Though not illegal in the same way as driving under the influence, walking while impaired by alcohol or drugs may contribute to unsafe decisions and result in shared fault if an accident occurs.

Legal Defenses and Insurance Company Tactics

Insurance companies often use evidence of distracted behavior to reduce payouts. If a pedestrian is seen on surveillance footage using their phone or crossing against a light, adjusters may argue for a higher percentage of fault.

This is where having strong legal representation becomes essential. A personal injury attorney can work to demonstrate that the driver had a greater opportunity to avoid the accident, or that the pedestrian's actions, while careless, were not the primary cause.

Protecting Your Claim as a Pedestrian in Kentucky

If you’ve been injured while walking, here are some steps you can take to strengthen your case:

• Seek immediate medical attention and follow all treatment recommendations.
• Refrain from admitting fault or speculating about what happened.
• Avoid posting details about the accident on social media.
• Preserve any evidence, including photos, witness contacts, and surveillance footage if possible.
• Speak with a lawyer before talking to insurance companies.

Call Brandon J. Broderick For Legal Help

At Brandon J. Broderick, Attorney at Law, we understand that every pedestrian accident has its own set of facts. Distracted walking does not automatically mean you're at fault—and even if you share responsibility, you still may be entitled to compensation under Kentucky law.

Our team has years of experience helping injured pedestrians recover what they need to heal and move forward. Don’t let an insurance company decide your level of fault without the benefit of a thorough legal review.

Contact us today for a free consultation. We’ll listen to your story, evaluate your case, and help you understand your legal options.