How does ‘pure comparative fault’ rule affect your personal injury claim?

On Behalf of | Oct 31, 2024 | Personal Injury

Accidents happen. But what happens when you share some responsibility for the accident that left you injured? In Kentucky, a unique legal principle is “pure comparative fault.” How does this system work, and how can it affect your personal injury claim?

What is “pure comparative fault,” and how does it work?

Kentucky follows a “pure comparative fault” rule. This means a court can reduce your compensation in a personal injury case based on your percentage of fault for the accident. Kentucky Revised Statutes outlines this law, which applies even if you are 99% at fault for the accident and can still get back 1% of the damages from the other driver.

Suppose you are in a car accident and suffer $100,000 in damages. The court determined you were 20% responsible for the accident. Under Kentucky law, you could still receive $80,000 in compensation from the other driver.

How is fault determined in a personal injury case?

Discovering who is at fault is crucial to any personal injury case. Insurance companies and courts consider several factors, including:

  • Traffic laws: Did anyone violate traffic laws leading to the accident?
  • Police report: The official accident report often provides valuable insight.
  • Witness testimony: Accounts from those who witnessed the accident can influence the court’s decision.
  • Physical evidence: Photos, videos, and vehicle damage help recreate the scene and determine responsibility.

Kentucky’s “pure comparative fault” rule complicates personal injury cases. While you may still have the right to ask for compensation even if you share in the responsibility, the amount you recover relates to your determined fault. Getting legal support will help you understand your rights and options, ensuring you get the chance to get compensation for your injuries and losses.