The Role of Comparative Negligence in Kentucky Car Accident Cases
If you are involved in a car accident in Kentucky, you may be wondering how fault is determined and what impact it will have on your case. In Kentucky, the concept of comparative negligence plays a major role in car accident cases. Understanding how comparative negligence works is essential for anyone involved in a car accident in Kentucky.
What is comparative negligence?
Comparative negligence is a legal concept that applies when more than one party is at fault for an accident. Kentucky’s comparative negligence law allows each party to be held responsible for their percentage of fault in an accident. This means that even if you were partially at fault for a car accident, you may still be able to recover damages for your injuries.
The statute reads, in part:
(1) In all tort actions, including products liability actions, involving fault of more than one (1) party to the action, including third-party defendants and persons who have been released under subsection (4) of this section, the court, unless otherwise agreed by all parties, shall instruct the jury to answer interrogatories or, if there is no jury, shall make findings indicating:
(a) The amount of damages each claimant would be entitled to recover if contributory fault is disregarded; and
(b) The percentage of the total fault of all the parties to each claim that is allocated to each claimant, defendant, third-party defendant, and person who has been released from liability under subsection (4) of this section.
(2) In determining the percentages of fault, the trier of fact shall consider both the nature of the conduct of each party at fault and the extent of the causal relation between the conduct and the damages claimed.
How does comparative negligence work in Kentucky?
In Kentucky, the courts use the pure comparative negligence rule. This means that the damages that you can recover will be reduced by your percentage of fault in the accident. For example, if you were found to be 20% at fault for the accident and the other driver was 80% at fault, your damages would be reduced by 20%. This means that if you were awarded $100,000 in damages, you would only receive $80,000.
How is fault determined in Kentucky car accident cases?
In Kentucky, fault is determined based on the evidence presented in the case. The courts will consider various factors when determining fault, including:
- The actions of each driver leading up to the accident
- The speed and direction of each vehicle at the time of the accident
- Any traffic violations committed by either driver
- The weather and road conditions at the time of the accident
- Any eyewitness testimony or video evidence
Each driver can be held responsible for their percentage of fault in the accident, regardless of any other factors.
How can comparative negligence affect your car accident case?
Comparative negligence can have a significant impact on your car accident case. If you are found to be even a small percentage at fault for the accident, your damages may be reduced. This means that it’s important to gather as much evidence as possible to prove that the other driver was primarily at fault for the accident.
Working with an experienced car accident attorney can be helpful in proving fault and maximizing your potential recovery. An attorney can gather evidence, speak with eyewitnesses, and negotiate with insurance companies on your behalf.
If you are involved in a car accident in Kentucky, understanding the concept of comparative negligence is crucial. The pure comparative negligence rule in Kentucky means that each party can be held responsible for their percentage of fault in the accident, even if they are more than 50% at fault. Working with an experienced car accident attorney can help you prove fault and maximize your potential recovery.
How can a Kentucky car accident lawyer help?
A car accident attorney can provide a range of valuable services to help you after a car accident. Here are some of the ways a car accident attorney can help:
- Provide legal advice. A car accident attorney can explain your legal rights and options and help you understand the steps you need to take to protect your interests.
- Investigate the accident. An attorney can help gather evidence, interview witnesses, and reconstruct the accident scene to build a strong case on your behalf.
- Negotiate with insurance companies. An attorney can handle all communication with insurance companies on your behalf and negotiate for a fair settlement that covers your damages.
- File a lawsuit. If necessary, an attorney can file a lawsuit and represent you in court to seek compensation for your injuries and damages.
- Handle paperwork. An attorney can help you navigate the complex legal system and handle all the paperwork associated with your case.
- Advocate for you. An attorney can be your advocate and fight for your rights throughout the entire legal process, ensuring that you receive the compensation you deserve.
Overall, a car accident attorney can help you navigate the legal system, protect your rights, and maximize your compensation after a car accident.
If you have been involved in a car accident in Kentucky, it is important to seek the help of an experienced car accident attorney as soon as possible. A personal injury lawyer from Wilt Injury Lawyers can help you navigate the complex legal system, protect your rights, and ensure that you receive the compensation you deserve for your injuries and damages. To set up a meeting with a member of our team, call our offices or fill out our contact form. We serve clients and families in Louisville and Lexington, and throughout the state.