How Shared Fault Affects a Car Accident Claim

If you’re hurt in a car crash in or near Pikeville, your right to recover damages doesn’t disappear just because you may share some of the blame. The state follows a pure comparative negligence rule, which means you may still get compensated even if you were mostly at fault. However, your award is decreased by your percentage of responsibility.

At Wilt Injury, our car accident lawyers serving the Pikeville area can help you understand how these rules may apply to your claim, challenge unfair fault assessments, and fight for the compensation you’re owed under the law.

Understanding How Shared Fault Rules Work

Kentucky is one of only a handful of states that follows the pure comparative negligence system. Under this system, a court or insurance provider assigns each party a percentage of fault for the accident. Consequently, your compensation is reduced by your percentage.

For instance, if a jury finds your damages total $100,000 but decides you were 25% responsible, you will still receive $75,000. In the modified comparative negligence system used in some other states, recovery is barred once your share of blame crosses the 50% threshold.

This rule can make a huge difference in cases involving car crashes where multiple parties may share responsibility. However, it also gives insurers room to argue that you were more at fault than you were, thereby reducing compensation.

How Fault is Assigned in Pikeville Car Accident Claims

Determining fault isn’t always straightforward. Police reports, witness statements, accident reconstruction results, and even surveillance footage may all be evaluated to assign percentages. In car accident cases, for instance, the other driver may argue you weren’t paying attention or that another motorist was to blame for the crash.

Unfortunately, insurance adjusters know how to frame accidents in ways that minimize their company’s payout. Without a lawyer, it’s easy to accept their version of events, even if it unfairly accuses you of exaggerated blame. You might not know how to gather evidence in your favor to show the other party’s actual percentage of fault.

Many injured people underestimate the severity of these tactics until it’s too late. Accepting a denial or reduced settlement based on a skewed fault assessment can leave you struggling with uncovered medical bills, unpaid time off work, and long-term financial strain.

How You Can Benefit from Having a Car Accident Lawyer

Your attorney’s role is to make sure your side of the story is heard and supported by evidence. This means:

• Gathering expert testimony to reconstruct how the accident really happened
• Challenging inaccurate police reports or biased witness accounts
• Showing how the other party’s negligence was the sole cause of your injuries
• Calculating the full value of your damages so you don’t settle for less than you need

By pushing back on shared fault claims, your car accident attorney can help maximize the damages you recover under the law.

Consult Our Car Accident Attorneys Serving Pikeville and the Surrounding Areas Today

Accusations of shared fault do not have to mean losing your chance at justice. You have the right to present your case, and our car accident lawyers can help you fight for them. Reach out to Wilt Injury Lawyers and arrange your complimentary consultation online or at 502-427-6813.