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What Are the Long-Term Effects of a Brain Injury, and How Are They Factored into a Lawsuit? Can I Still File a Lawsuit if the Brain Injury Was Partially My Fault? Compensation for Birth Injuries: What Can You Claim in Kentucky? How Is Fault Determined in a Kentucky Car Accident? What Compensation Can I Receive After a Car Accident?Archive
How Is Fault Determined in a Kentucky Car Accident?
Car accidents are often the direct result of one driver’s negligence, which puts them at fault for the accidents in question. Determining fault in a car accident claim, however, is a challenging legal matter that is guided by the available evidence. To ensure just compensation that covers one’s full range of physical, financial, and emotional losses, it’s important to consult with an experienced Kentucky car accident lawyer early in the process.
The Elements of Car Accident Cases in Kentucky
To bring a successful car accident claim in the State of Kentucky, several elements must be established, including the matter of fault, which is based on negligence. Consider each of the following basics:
- To begin, the at-fault driver must have owed a duty of care to the victim, which translates to having a responsibility for their safety. This duty is established every time anyone gets behind the wheel of a car.
- Additionally, the at-fault driver must have breached the duty of care owed, which refers to their negligence.
- Further, the at-fault driver’s negligence must have been the direct cause of the accident.
- Finally, the victim must have suffered losses such as medical bills, lost earnings, and physical and emotional pain and suffering.
The Other Driver’s Negligence
While no two car accident claims are identical to one another, most are based on driver negligence like the following:
- Distraction
- Inattention
- Impairment
- Exhaustion
- Aggression
- Excess speed, which can mean exceeding the speed limit or driving too fast in response to the road’s condition or in response to the dangerous effects of bad weather
- Failure to follow the rules of driving safely
Proving the form of negligence that the other driver engaged in is vital to building a solid claim backed up by evidence.
Skillfully Compiling the Evidence to Prove Fault
Seasoned car accident attorneys are skilled at obtaining and compiling the evidence necessary to prove fault in car accident claims, including forms like the following:
- Police report
- Eyewitness testimony
- Photos and videos captured by those at the scene
- Footage from dashcams as well as from any security or traffic cameras in the vicinity
- Accident reconstruction models that illustrate the details of the accident
- Citations issued, such as for speeding, distraction, or impairment
- Expert testimony from professionals in fields relevant to the mechanics of the accident
- The victim’s account of how the accident happened
Fault in car accident claims is determined by the unique facts involved, and focused car accident attorneys are well equipped to get the job done.
It’s Time to Consult with an Experienced Kentucky Car Accident Lawyer
The accomplished personal injury attorneys at Wilt Injury Lawyers – proudly serving both Lexington and Louisville, Kentucky – are committed to guiding every claim we take on effectively and efficiently forward toward resolutions that support our clients’ rights and best interests. To learn more about what we can do to help, please call us at 502-427-6813 or contact us online today.