If you have been injured and plan on filing a Louisville accident claim, you should know how comparative negligence in Kentucky may affect it. Each state has its own rules in determining how fault is assigned, which may decide whether or not injured victims can expect to recover damages and how much they may be entitled to.
It would be in your best interest to seek legal counsel before deciding to pursue your claim. An attorney can advise you on what your rights are and the options that you have available.
An Overview of Negligence
The most important factor in any accident claim is negligence. You must be able to show that someone acted in a careless or reckless manner (negligence), and it not only led to an accident, but also injuries.
Negligence is established by the fact that a person owed a legal duty of care. In other words, anyone who operates a vehicle on the road has a legal duty to drive in a manner that is reasonable and safe.
If there is a failure to fulfill that legal duty of care, such as running through a stop sign or speeding, then this is yet another demonstration of negligence. And if it results in a collision, then there has been a breach in the driver’s legal duty of care. These are all important components to any case involving negligence in Kentucky.
The final important factor in determining negligence is that the result is injury to someone. If you are involved in a minor fender-bender and there are no injuries, you wouldn’t have a basis for a claim. However, if you were seriously injured and will require medical treatment or care, then you have the right to seek compensation through a Louisville accident claim. Contact a Kentucky personal injury attorney at 1-888-450-4456.
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