A lot of vehicle crashes aren’t completely the fault of one driver. If you’ve been involved in a crash, it may seem like the other driver is fully to blame – and that may be true. However, they and their insurance company may be able to show that you weren’t following the letter of the law or weren’t 100% focused on the road when the crash occurred, so you bear some fault.
For example, maybe the other driver ran a stop sign and crashed into you as you were going through the intersection. However, you may have been going five or ten miles over the posted speed limit. They may argue that because of that, they didn’t see you coming and your speed made the crash that much more serious.
Understanding “pure comparative negligence”
Does that mean you can’t collect any compensation from the (mostly) at-fault driver’s insurer? No, it doesn’t. However, it can mean that you’ll get less than if the other driver were solely to blame.
That’s because Kentucky follows the “pure comparative negligence” rule for personal injury cases. That means if one party is 100% at fault, the other party is entitled to receive 100% of the compensation they’re due. However, if the other party bears some percentage of fault, their compensation is reduced by that percentage.
Under that rule, if one driver is found to be 100% at fault for a crash, they (or their insurance company) has to pay the other driver the full value of their claim. However, if the other driver did something that contributed to the crash, that other driver’s percentage of fault decreases the amount they’ll receive.
It’s crucial to make a strong case
In the example above, say it’s determined that you bear 25% of the blame. If the value of your claim (the compensation due) is $100,000, you’re entitled to receive 75% of that – or $75,000.
That’s a big difference if you need this money to cover medical bills, lost wages, car repairs or replacement and more. That’s why making sure that the fault is accurately determined is critical. This is done through the police report, photos and videos from the scene, witness statements and other evidence.
Whether the insurance companies will be determining fault or the case is going to court, having legal guidance can make a big difference in protecting your rights and your financial future after a serious collision.