Tate Meagher with the Meagher Law Office. A frequent question I get from someone who’s been involved in a car accident is, who ultimately determines whether I’m at fault or the other driver?
Role of a Jury in Determining Fault
Ultimately, what we’re looking at is what a jury would do with your particular circumstances. How would they determine who’s at fault for the accident? It’s important to remember that in Kentucky, we follow a comparative negligence system. This means that if the plaintiff is injured in a car accident, they can still recover damages even if they are partially at fault for the accident.
Comparative Negligence in Kentucky
Under Kentucky’s comparative negligence law, the injured party (plaintiff) can recover damages from the other driver’s insurance company as long as they are not determined to be 100% at fault for the accident. For instance, if a jury determines that the plaintiff is 20% at fault for the accident and the other driver (defendant) is 80% at fault, the plaintiff can still recover damages. However, they will only be able to recover 80% of their total damages, as their claim is diminished by the 20% fault attributed to them.
Settlement Negotiations
When determining fault in car accident cases, both attorneys and insurance companies consider what a jury might decide based on the facts of the case. This consideration is critical during settlement negotiations. While most cases do not go to a jury trial, understanding how a jury might allocate fault helps guide the negotiation process.
Recent Comments