Reviewed by Larry Forman, Attorney.
A pedestrian roundabout accident can happen in a split second. Roundabouts are popping up all over Kentucky, from Louisville’s east end to Lexington, Bowling Green and Northern Kentucky. They cut down on the worst head-on and T-bone crashes. But they can be confusing for pedestrians, because the cars never fully stop and drivers are busy looking left for other cars, not at the crosswalk. Here is who is at fault in a pedestrian roundabout accident and how Kentucky law protects people on foot.
How pedestrians are supposed to cross a roundabout
Crosswalks at a roundabout are set back from the circle, usually one car length before the yield line. The raised “splitter island” in the middle lets you cross one direction of traffic at a time. Pedestrians aren’t supposed to walk into or across the middle of the circle.
What Kentucky law requires of drivers
Under KRS 189.570(4), when traffic signals aren’t in place or working, a driver must yield to a pedestrian crossing the road, slowing down or stopping if needed. Most roundabout crosswalks have no signal, so the driver generally has to yield. KRS 189.570(5) also bars passing a car that has stopped at a crosswalk to let someone cross. Under KRS 189.570(6)(d), every driver must also use due care to avoid hitting a pedestrian.
Common driver mistakes at roundabouts include:
- Looking left for a gap in traffic and speeding up without checking the crosswalk on the right
- Rolling through the exit crosswalk while still turning
- Passing a car that stopped for a pedestrian in a two-lane roundabout
- Being distracted by a phone or GPS in an unfamiliar layout
- Driving after dark with poor visibility and not slowing down
Duties of pedestrians
Pedestrians have duties too. Kentucky law says you shouldn’t suddenly step off a curb into the path of a vehicle that’s too close to stop. If you cross outside a crosswalk, you generally must yield to vehicles. Insurers often use these rules to argue the pedestrian “darted out.”
Shared fault doesn’t end your pedestrian roundabout accident case
Kentucky uses pure comparative fault (KRS 411.182). If a jury finds you were 20% at fault for crossing outside the crosswalk, you can still recover 80% of your damages. Read more about how Kentucky’s pure comparative fault works.
Who pays your medical bills after a pedestrian roundabout accident?
Pedestrians hit by a car are usually covered by Kentucky PIP. That can come from your own auto policy, a household member’s policy, or the policy on the car that hit you. It pays up to $10,000 in basic benefits regardless of fault. See how Kentucky PIP works. Serious injuries usually meet the threshold to bring a claim against the driver for the rest.
Evidence that matters in a pedestrian roundabout accident
- Where you were standing or walking when you were hit, measured from the crosswalk and yield line
- Crosswalk markings, signs and lighting (photograph them, including at night)
- Dash cam, doorbell and business video
- The vehicle’s event data recorder, which can show speed
- Witnesses, especially drivers who stopped for you
- Your injuries, which can show the direction and speed of impact
Children and older adults
Kids and older walkers have a harder time judging gaps in circling traffic. Kentucky juries hold drivers to watching for children near the road. A driver who is looking left for a gap in the circle still has to check the crosswalk on the exit, and a pedestrian roundabout accident involving a child or an older adult often turns on whether the driver slowed down enough to see them. See our page on child pedestrian accidents.
Talk with a Kentucky pedestrian accident lawyer
Larry Forman has tried 50+ jury trials and won 95% of them. If you were hurt in a pedestrian roundabout accident, call (502) 931-6788 or visit our Louisville pedestrian accident lawyer page. If you were in a car that was hit, see our car crash lawyer page. Free consultation. No fee unless we win.
