This is Kentucky Injury Attorney Tate Meagher with the Meagher Law Office.
Understanding Comparative Negligence in Kentucky
So, can you get a car accident injury settlement if you’re partially at fault for the accident? The short answer is yes, you can, but it is highly dependent upon the facts and evidence in your case.
Pure Comparative Negligence
Why is this the case? Well, Kentucky is what is called a pure comparative negligence state. This means you’re entitled to recovery of a percentage of your damages if you can prove another driver was at least one percent at fault. Thus, if you’re 99 percent at fault, you can still recover one percent of your damages from the other driver who was determined to be one percent at fault.
Determining Fault and Damages
Ultimately, what lawyers and insurance companies are trying to predict is what a jury of strangers would award you in light of the circumstances. If a jury believes the other driver was 50 percent at fault and you were also 50 percent at fault for the accident, the jury would award you 50 percent of your damages, whatever amount the jury determines that to be.
Insurance Company Offers
It’s been my experience that, usually, at some point, the insurer for the other driver will offer you some money if you have a legitimate argument that their insured driver’s careless actions contributed in some way to the accident. This assumes you have injuries from the accident and received medical treatment for those injuries.
Conclusion
Remember, if you have been injured in an automobile accident, don’t wait—call Tate. Also, be sure to subscribe to my YouTube channel and watch more of my videos. Thanks for reading!
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