Pure Comparative Negligence in Kentucky
Did you know that more than one person can be at fault in an accident? And if so, it’s still possible to file a personal injury claim?
Most car accidents result from one party’s negligence; either they ran a red light or were distracted and rear-ended the car in front of them. But sometimes, both parties are negligent in causing the accident. And if that’s the case in your accident, you’ll hear the term “pure comparative negligence.”
Kentucky is a pure comparative negligence state. If both you and the other party in an accident are partially responsible for causing the accident, the fault will be distributed between you both in percentages.
If the accident was mostly the fault of one driver, that driver would bear a greater percentage of the fault. If both vehicles are equally at fault, then each driver will bear an equal percentage or share of fault.
This pure comparative negligence system will allow you to recover damages even if you are found to be partially at fault for the accident. Depending on the percentage, your damage award would be calculated in accordance with your percent of fault.
When You’re Partially at Fault, Can You Still File a Personal Injury Claim?
Yes, you can. For your auto accident in Kentucky, the pure comparative negligence laws in Kentucky will determine the percentage allocation that will determine financial liability. Any personal injury claim stemming from an accident must be able to prove who is liable for the accident. This allows plaintiffs to recover damages for injuries and possibly lost wages. If you both share some fault, this can best be handled with the help of a Kentucky personal injury attorney.
If you have been in an accident, a Kentucky personal injury attorney can help you build a case. Because your compensation is directly related to your percentage of fault, your attorney must have access to all of the evidence. This can help to demonstrate that the other party may bear a larger share of responsibility in causing the accident.
Good Evidence Can Build a Stronger Claim
In a pure comparative negligence rule, you are entitled to compensation even when you had a role in the accident, as long as you are not 100% responsible for the accident. It is essential to understand that the strength of your claim will be subject to how strongly you present your case. Here are five things you need to do when you are involved in an auto accident in Kentucky to strengthen your case while claiming damages:
- Call 911 as soon as you can;
- Think before you give a statement;
- Take video and photographs of the accident scene;
- Gather eyewitnesses contact information.
- Call a lawyer as soon as you can
A car, truck, or motorcycle accident can result in multiple losses, such as injuries, loss of wages, and property damage. Kentucky’s pure comparative negligence rule can help you recover from your losses even if you share some blame for the accident.
Need Help? Contact Our Kentucky Personal Injury Law Firm
One call could make handling an accident in Kentucky so much easier, especially if it’s an accident where you may be partially at fault and would like to pursue a personal injury claim. Our personal injury attorneys at the Bryant Law Center can manage every aspect of your accident claim. We can take care of dealing with gathering evidence and dealing with the insurance company so you can rest and heal.
Call us today at (270) 550-1230 for a no-obligation free consultation if you’ve been injured in Kentucky.
Kentucky Car Accident Resources
You may have several questions about the specifics of your case which only an attorney can fully answer. We’ve put together a short list of resources which answer common questions car accident victims have after their accidents: