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Can I recover damages if I am partially at fault for my accident?

| Apr 14, 2021 | Uncategorized

While there are some car accidents that are caused solely by one driver’s negligence, other accidents are caused by the negligence of multiple parties. Determining who is at-fault for an accident is often the key to any personal injury lawsuit, as the at-fault party will likely be held liable for damages. These damages will typically cover:

  • Medical expenses
  • Lost wages
  • Loss of earning capacity
  • Pain and suffering
  • Emotional distress
  • Loss of companionship/consortium

Many Kentucky residents suffer injuries and damages in an accident, but mistakenly believe that they are not entitled to damages because they were partially at-fault for the accident. However, because Kentucky is a ‘pure comparative fault’ state, Kentucky car accident victims can recover damages even if they were partially responsible for the accident.

What is ‘pure comparative fault’?

Every state has different statutes in place relating to an accident victim’s ability to recover damages after an accident. In some states, only victims who are less than 50 percent at-fault for an accident can recover damages. In other states, only victims who are not at all at-fault for the accident can recover damages.

Under Ky. Rev. Stat. Ann. § 411.182, anyone less than 100 percent at-fault for an accident can recover damages. However, the damages received will be reduced based on the percentage of fault attributed to them by the judge or jury.

For example, if a jury awards an accident victim $100,000 in damages, but determines they are 40 percent at-fault for the accident, the victim will only recover $60,000 in damages.

If you are planning to file a personal injury claim after your accident, it may be beneficial to contact our attorneys as soon as possible. We can help collect evidence and build your case to maximize the compensation awarded to you, even if you were partially at-fault for the crash.