Establishing fault in a Kentucky accident is important and can influence the amount of damages you may be entitled to receive. This is why you may benefit in securing legal help from a Louisville personal injury attorney.

An attorney will take the time to evaluate the details of your case carefully. If the attorney finds you have a legitimate claim, then he or she may then investigate further into your accident to determine liability. 

Partial Fault in a Kentucky Accident

The state of Kentucky follows pure comparative negligence law when it comes to establishing fault in an accident. This allows for someone who is partially or almost totally at fault for an accident the ability to recover damages. The determination of how much fault each driver is assigned may be done by a judge or jury. 

However, that amount may be diminished, depending on how much fault an individual is assigned. For instance, let’s say you were driving down Interstate 65 in Louisville when a distracted driver hit you.

After police respond to the accident, it may have been discovered that the driver was texting while driving. However, if it was also found that you made an unsafe lane change, you could be assigned a portion of fault in the accident.

If the damages in your Kentucky accident total $10,000, but you are found to be 40% at fault, then this amount would be reduced by $4,000. So even though the damages amount to $10,000, you would only be able to collect $6,000. 

This can be to your disadvantage, especially if you face medical expenses and other losses. The diminished amount may not adequately cover these losses.

This is why you should contact a Louisville personal injury attorney if you share part of the blame for the accident. It can help protect your case and your fight to reduce liability.

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Matthew L. White
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Founder & Partner of Louisville Personal Injury Law Firm Gray & White Law