A quick look at Kentucky’s comparative fault law

On Behalf of | Jul 20, 2020 | Car Accidents

There are a lot of moving parts to a car accident claim. A lot of time and attention is focused on gathering and presenting evidence that shows negligence and that the negligence caused the accident and injuries in question. This may mean seeking out witness accounts of erratic driving, police reports indicating signs of intoxication, and documents showing that a trucker has violated federal safety regulations. Yet, there’s another aspect of a personal injury claim that you shouldn’t overlook: comparative fault.

Under comparative fault, judges and juries apply a percentage of fault to all parties involved. Then, once fault has been apportioned, any awards of damages are reduced accordingly. So, this means that if you are awarded $10,000 in a case but are found to be 40% at fault, then you’ll only recover $6,000. Fortunately, Kentucky is one of the few states that recognizes pure comparative fault, meaning that you are not barred from recovering damages, even if you are found to be 99% at fault.

What does this mean for you? It means that while you need to be aggressive in your pursuit to impose liability, you also need to be prepared to play a little bit of defense. By doing so, you might be able to reduce the amount of fault placed on you, which could maximize your recovery. So, you’ll want to carefully analyze the facts of your case to better determine what type of arguments the other side might make.

Dealing with evidentiary issues, court filings, and legal strategy can be stressful and confusing to those who aren’t used to the system. That’s why may Kentucky residents who have been injured in a car accident choose to turn to a legal professional for assistance. If you think you could benefit from that type of help, then be sure you do your research to figure out who is best suited to provide you with the representation you need and deserve.