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Can I recover damages in Kentucky if I am partially at fault?

Car crashes in Kentucky often have many facets to them. Road conditions, weather conditions and actions or inactions on the part of all drivers involved can combine to result in the car accident. For example, one car may be speeding when it is struck in an intersection by another car that ran a red light. The motorist who was speeding may have been injured in the crash, and may want to pursue a lawsuit against the motorist who ran the red light. However, the motorist bringing the lawsuit may wonder how the fact that they were speeding might affect their ability to seek damages from the other party.

Kentucky follows the laws of pure comparative negligence. This means that even if a person was partly at fault in a car accident, he or she might still be able to recover damages if successful in a lawsuit. However, the total award the person will receive will be reduced by the percentage that the person was responsible for the crash. When deciding what percentage a person is at fault, the court will take into consideration each party's conduct and the relationship between the conduct and the amount of recovery sought.

Let's take a look at our above example. Say that the plaintiff who was speeding was determined to be 30 percent at fault in the crash, and the defendant who ran the red light was determined to be 70 percent at fault in the crash. If the plaintiff is successful in his or her lawsuit and would have been awarded $100,000 in damages, the actual result due to his own negligence would lead to the speeding driver receiving $70,000 -- the award minus the 30 percent he was at fault.

Of course, this post is only meant to inform and cannot be considered legal advice nor can it guarantee any particular result in any legal filing. To learn more about pure comparative negligence in Kentucky and how it might apply to your case, it may be wise to discuss the matter with an attorney.

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