Yes. Kentucky law allows you to recover damages in a truck accident case as long as you can prove that the plaintiff was at least partially responsible for the accident that left you hurt.
Kentucky Comparative Negligence Law
Kentucky is one of a handful of states that has a pure comparative negligence law. This means that the defendant does not have to be mostly at fault for the truck crash. Even if you share some blame for the accident, you can still recover damages for the percentage of fault attributed to the defendant.
How Comparative Negligence Law Works
Part of settlement negotiations or the court’s finding will be the percentage of fault attributable to you and the percentage of fault attributable to the defendant. Your total compensation from the defendant will be decreased by the percentage of fault attributed to you. For example, if you suffer $100,000 in truck accident injury damages and you were 50% responsible for the crash, the defendant is responsible for paying you $50,000 assuming that the defendant is the only other party responsible for the accident.
How Percentage of Fault Is Determined
Determining each party’s percentage of fault is more of an art than a science. All of the relevant evidence must be considered, and convincing arguments must be made to try to prove each party’s percentage of fault. An experienced truck accident lawyer knows what evidence to look for, how to analyze it, and how to convince the insurance company or court of what really happened.
Even if you were partly at fault for the truck crash, you could have a lot at stake. Your injuries may be significant and recovering even a small percentage of your medical expenses, lost income, out-of-pocket costs, or compensation for pain and suffering could have a substantial impact on your future. To learn more about what you could recover in a Kentucky truck accident case and to begin protecting your right to a fair recovery, please contact our experienced truck accident injury lawyers today. We welcome your inquiry any time—24/7/365—and we would be pleased to provide you a free, no-obligation consultation.