Comparative negligence affects your KY car accident claim if you are partially to blame for the incident. Kentucky maintains a pure comparative negligence statute. Based on this, you can get money from anyone liable for your auto accident, even if you are 99% to blame. Alternatively, a judge or jury can reduce your damages based on your percentage of fault.
Talk with a top-rated Louisville car accident attorney if you are involved in an auto collision caused by someone else. Your lawyer can teach you about comparative negligence and how it applies to your case. They can prove you are not liable for an accident and should be compensated fairly for your losses.
Pure comparative negligence is defined by Kentucky Revised Statutes (KRS) § 411.182. It allows auto accident victims and others injured due to someone else’s actions to recover damages, regardless of who is primarily responsible for the harm they have endured.
For example, a driver slams their car into yours because they were operating their vehicle while distracted. However, you drove through a red light, which contributed to the incident. You file a lawsuit against the other driver. The court may apply pure comparative negligence since both motorists played a role in the incident.
If the court rules you are 20% liable for your auto accident, it will award damages minus this percentage. Thus, you will get 80% of the compensation you requested and have to cover the remainder of your losses out of pocket.
You and other parties involved in your auto accident may gather evidence from a wide range of sources to support your respective arguments. If you have compelling proof, it becomes difficult for parties to contest your claim. Evidence you can use to support your claim includes:
Your evidence could prompt a liable party to offer a fair settlement before your case goes to trial. Or, it could lead a judge or jury to award full damages.
Trust a Lexington car accident lawyer to help you prove negligence. In addition to collecting evidence, your attorney will craft an argument designed to show you are in no way at fault for your accident. They will focus their argument on the following elements of negligence:
Expect a liable party to argue that you are in some way responsible for your auto accident. Your lawyer will consider ways to dispute the case against you. If they succeed, a liable party may be inclined to offer a reasonable settlement. This will allow you to settle your case outside of the courtroom and get money right away that you can use to recover financially.