Yes, you can still claim personal injury in Kentucky if the accident was partly your fault (or if the insurance company claims the accident was partly your fault). Because Kentucky follows pure comparative negligence, you may still recover compensation as long as you were not 100% responsible for the crash.
If you are in this tough situation, a Louisville personal injury attorney can help you understand your options. At Grossman Green PLLC, we know how stressful the days after a crash can feel, especially when you are hurt, worried about medical bills, and unsure who will be blamed.
What does being “at fault” really mean in a Kentucky accident?
When people talk about fault in a car crash, they usually mean who caused the wreck. In legal terms, fault is tied to negligence laws. Negligence means someone failed to use reasonable care.
Sometimes the fault is clear. For example, a driver who runs a red light and hits another car may be at fault. But many crashes are not that simple. One driver may have been speeding. Another may have been distracted. Someone may have failed to yield, followed too closely, or made an unsafe turn.
An insurance company may accuse you of contributing to the accident, but that does not usually mean you cannot recover at all. Fault in a car accident case can be shared. That is why you should not assume you have no case before the evidence is reviewed.
How does Kentucky’s comparative negligence law work?
Kentucky uses a rule called pure comparative negligence. This is different from modified comparative negligence, which some states use. Under a modified comparative rule, an injured person may be barred from recovering damages if they are more than 50% or 51% at fault.
Kentucky is different. Under pure comparative fault, you can still file a claim and recover damages from those individuals who contributed to the wreck and your injuries. Your percentage of fault reduces your final recovery. For example, if you were 30% at fault, you could still recover 70% of your damages.
That percentage matters. Insurance companies may try to place more blame on you so they can pay less. A personal injury lawyer can review the facts and push back if the insurance company’s fault decision is unfair.
Does Kentucky’s no-fault coverage pay if the crash was your fault?
Yes, in many cases it does. Kentucky is a no-fault insurance state for certain car accident benefits. This means your own insurance may pay some of your early losses, no matter who caused the crash.
This coverage is called Personal Injury Protection (PIP). In a standard policy, PIP may help pay medical bills, lost wages, and certain out-of-pocket costs after a crash. You usually do not have to prove the other driver did something wrong to receive these benefits.
However, no-fault coverage does not cover everything. It also does not mean fault never matters. Fault can still affect a personal injury claim against another driver, property damage, and the amount you may recover beyond PIP benefits.
How is your percentage of fault decided?
Your percentage of fault is based on the evidence. The parties to the case can develop the evidence and argue about fault. If the parties cannot agree on a reasonable allocation of fault, a jury will ultimately decide fault based on the evidence presented at a trial. This may include police reports, photos of the vehicles, property damage, witness statements, traffic camera footage, medical records, and statements from each driver after the crash.
Insurance companies often make their own determinations of fault early. However, their decision is not always correct. An adjuster may say you were more at fault than you really were. This can lower the value of your insurance claim.
Be careful about discussing the details of a wreck in a recorded statement. You can be polite and honest without guessing. Saying that you are sorry or that you should have seen the other party may be used against you later.
Why you shouldn’t assume you have no case
It is common to blame yourself after a crash. You may remember looking down for a second, changing the radio, or missing something on the road. But you only know what happened in your own car. You may not know whether the other driver was texting, speeding, tired, impaired, or breaking a traffic law. You also may not know whether unsafe road conditions, poor lighting, or another driver played a role.
In personal injury cases, the full picture often takes time to understand. That is why it is smart to speak with a personal injury attorney to evaluate your claim.
You should also get medical care if you are hurt. Some injuries do not show up right away. Neck pain, back pain, headaches, and soreness may get worse after the shock wears off. Medical records can help connect your injuries to the crash and support your claim.
Let Grossman Green review your case
Negotiating with the insurance company can be hard, especially if they are blaming you for the crash. If you need help with a personal injury claim, our team at Grossman Green PLLC can explain your options, help protect your rights, and negotiate with the insurance company.
Before you assume you have no case, let us take a closer look. Contact us today at (502) 657-7100 to schedule a free consultation and speak with a Louisville personal injury attorney about your accident.