Determining Fault in a Rear-End Accident in Kentucky

With an estimated 7.3 million car accidents taking place each year, getting behind the wheel is becoming more dangerous than ever. If you have been hit from behind, you should not assume that the other driver will automatically be held responsible for the crash. This is rarely the case, with most accidents involving far more nuance in determining liability.

At Wilt Injury Lawyers, our car accident attorneys in Florence, KY, understand the financial and physical toll it can have on you. It can leave you with exorbitant medical bills, lost wages, and motor vehicle repairs. If another motorist’s negligence has injured you, do not hesitate to contact our legal team.

Proving Liability in a Car Accident Case

Motor vehicle accidents are almost always based on the principle of negligence, or harm caused by another person’s lack of reasonable care. To recover damages, you must prove each of the following elements of negligence:

Duty of care: The other person must use reasonable care. Motorists have to use reasonable care for the safety of all road users.

Breach of duty: A road user fails to adhere to traffic regulations or rules, either through an act or omission.

Causation: A causal link can be drawn from the at-fault motorist’s actions to the harm suffered.

Damages: Due to the at-fault motorist’s actions, you suffered measurable losses in lost wages and medical expenses.

Determining Fault in a Rear-End Collision

You will rarely be involved in a collision in which the rear driver readily admits fault. The truth is that most people try to multitask while driving, placing themselves and others at risk of injury. If the rear driver was texting, talking on their cell phone, or otherwise distracted and did not notice traffic stopped before them, liability will most certainly lie with them.

Alternatively, if you were involved in an accident in which you rear-ended another driver, never admit fault, even if you are sure that you are entirely responsible. Under Kentucky law, if anyone was injured, killed, or if there is more than $500 in property damage, you must contact the Kentucky State Police. The officer who responds to the scene will write down the names of the drivers and passengers involved in the crash, contact information for each driver, injuries and property damage sustained, and a summary of the accident scene. The officer will also determine who they believe is at fault. If you admit fault and partial liability can be assigned to the other driver, you may be able to recover damages.

If nobody was injured and property damage is minimal, you must report the accident within 10 days. A claims adjuster will investigate the accident and examine the damage to your vehicle to determine liability.

Determining fault is complicated and should never be left to the insurance company. When you retain our legal team, we will thoroughly investigate your accident to ensure that you are not being assigned unnecessary fault. Our Florence car accident lawyers take the time and use the resources to uncover information that the insurance company may gloss over to settle your claim quickly.

Speak with Our Experienced Accident Lawyers Today

A car accident can cause you unnecessary financial and emotional stress, filling your life with overwhelming sadness. Thankfully, the Florence car accident attorneys at Wilt Injury Lawyers have over 31 years of experience in helping injured victims recoup the full extent of their losses. This experience, combined with persistence and honed skills in negotiating with insurance companies, has helped us reclaim just compensation for thousands of injured parties. If you are ready to learn the full worth of your accident case, contact us online or by phone today to schedule your free consultation.