Car accidents often involve shared fault, and each state has its own rules on compensation. Kentucky follows a pure comparative negligence system, meaning you can still recover damages even if you’re partially at fault. However, your compensation is reduced based on your level of responsibility.
An experienced Louisville car accident attorney can help maximize your recovery and strengthen your case. Keep reading to learn more about comparative fault in Kentucky, then call (502) 657-7100 to schedule your free consultation.
Kentucky comparative negligence laws: What you need to know
There are two similar terms in car accident claims: contributory negligence and comparative negligence. Under the principle of contributory negligence, if you contributed only 1% of the blame for the collision, you are barred from recovering compensation from the other party.
Fortunately, in Kentucky, plaintiffs can recover compensation regardless of whether the plaintiff has some fault for the collision. The pure comparative negligence principle permits a plaintiff to recover compensation even if they share blame for the accident. However, according to Kentucky law, the amount of money the plaintiff receives is reduced by the amount of blame they contributed to the wreck.
If your total damages are $100,000, but a jury determines that you contributed 25% of the blame for the accident, your award will be reduced by 25%, leaving you with $75,000.
How an attorney can help you recover maximum damages in a comparative negligence state
Even if you think you’re not badly injured, or your car doesn’t appear to have much damage, hiring a lawyer right away is still important.
First, since Kentucky is a pure comparative negligence state, the other driver can still file a claim even if they contributed most of the blame for the wreck. You could be sued even if you didn’t cause the accident!
Secondly, calculating the percentage of fault each party contributes can get subjective (and contentious). Your lawyer can build a strong case based on evidence and witness testimony, demonstrating the extent of the other driver’s negligence. The stronger the case in your favor, the more likely a judge will assign the lion’s share of the blame to the other driver. Additionally, sometime insurance companies attempt to falsely blame a plaintiff to avoid paying you the full value of the case. You need a good lawyer to help explain to you whether that assessment alleged by an insurance company has any legitimacy.
How do you prove that the other driver contributed the majority of fault in a car accident claim?
There are a few key pieces of evidence that your attorney uses to show that the other driver was more to blame than you:
- Police report: While it may not always be admitted into evidence, the post-crash police report does contain the officer’s estimation of how the wreck happened and who caused it
- Video footage: Objective video showing the other driver running a red light, for example, presents unquestionable proof of their fault
- Accident reconstructionist assessment: These expert witnesses demonstrate to a jury how the accident occurred and explain how the other driver’s actions were the cause
- Witness accounts: Passengers and other drivers can corroborate your account of how the wreck occurred
Do you need help with a Kentucky car accident claim?
Have you been hurt in a car accident you didn’t cause? The car accident attorneys at Grossman Green PLLC can help you secure the highest possible compensation in a pure comparative negligence claim. Contact us at (502) 657-7100 for a free consultation.