Can I Still File a Claim if I Was Partially at Fault For the Accident?

In Kentucky, pure comparative negligence is used to apportion fault in car accidents. Under this system, each party involved in a collision is assigned a percentage of fault for the incident. This means that if you are partly responsible for the accident, you can still file a claim, but your compensation will be adjusted based on the degree of fault attributed to you.

Example of Pure Comparative Negligence

As an example, if you are found 30% at fault for an accident and the total damages amounted to $100,000, your compensation would be reduced by 30%. In this case, you would receive $70,000. However, even if you are found to be 99% at fault, you can still recover 1% of your damages. This is different from states with modified comparative negligence laws, where plaintiffs are barred from recovering damages if they are more than 50% or 51% at fault.

Filing a Claim When Partially at Fault

Filing a claim when you are partially at fault involves the same process as any personal injury claim, but it’s important to understand that your own actions will be scrutinized. Here’s a breakdown of the steps:

• Gather Evidence: Collect as much evidence as possible to support your case. This includes accident reports, photos of the scene, medical records, and witness statements. Evidence can help demonstrate that the other party was also responsible for the accident.

• Don’t Admit Fault: Refrain from discussing fault at the scene, as anything you say can be used against you when filing a claim. Insurance companies will assess the circumstances of the accident to determine each party’s level of fault.

• File a Claim: You can file a claim with your insurance company or the other party’s insurer, depending on the specifics of the case. Kentucky is a choice “no-fault” state, which means that in minor accidents, you may first need to file with your own insurance under personal injury protection (PIP). However, in cases of severe injury or high damages, you can pursue a liability claim against the at-fault driver.

After fault is determined, negotiations for a settlement begin. During this process, your percentage of fault will be factored into any compensation offer. An experienced attorney can help advocate for a fair allocation of fault to ensure you are not unfairly penalized.

Factors That Affect Fault in a Car Accident

Several factors can influence how fault is assigned in a Kentucky car accident, including:

• Traffic Violations: If one party violated traffic laws, such as speeding or running a red light, they may bear more responsibility for the accident.

• Driver Behavior: Distracted driving, reckless driving, or driving under the influence of drugs or alcohol can significantly impact fault allocation.

• Environmental Factors: Poor weather conditions, road hazards, or defective vehicle parts may also play a role in determining fault.

Keep in mind that even if you think you were partially at fault, the other driver’s actions may still carry significant weight in how fault is assigned.

How an Attorney Can Help

If you have been involved in a car accident and believe you were partially at fault, it is crucial to consult a lawyer as soon as possible. An Paducah car accident attorney can help gather evidence, assess the allocation of fault, and negotiate with insurance companies to maximize your compensation.