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How does fault factor into car accident cases in Kentucky?

When a person in Kentucky is involved in a car accident, it can be a stressful time. Their vehicle might be totaled and, even worse, they could be seriously injured. While their main concern may be on regaining their health, eventually the ever-mounting medical bills, costs of car repairs, pain and suffering and lost wages from time taken off work will take their toll, both financially and emotionally.

For these reasons, car accident victims in Kentucky may want to pursue a lawsuit against the responsible party. That being said, most car accidents are quite complicated, with many factors that all lead up to the ultimate car collision. Sometimes, a car accident victim is partially at fault for the crash. Kentucky residents in such situations may wonder if that precludes them from seeking compensation.

In Kentucky, when a car accident victim is partially at fault for a car accident, the victim may still pursue compensation. This is because courts will follow the rule of "pure comparative negligence." In fact, under this rule, even if a person was more at fault for the accident than the other party, that person could still pursue compensation for the percentage of damages that the other party was responsible for. For example, even if a driver was 95 percent at fault for an accident, the driver could still pursue 5 percent of the total amount of damages from the other party.

Of course, most cases aren't that straightforward, and this post cannot serve as the basis for any legal action. Instead, car accident victims who want to pursue a lawsuit, but who are concerned because they are partially at fault, may want to seek legal advice so that they can make informed decisions.

Source: FindLaw, "Kentucky Car Accident Settlement Process and Timeline," Accessed Sept. 18, 2017

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