If you can prove that another driver’s negligence caused your accident and thus your injuries, then you’re justified in taking legal action. And if you succeed on a personal injury claim, then you could recover the compensation you need to offset your losses, including medical expenses, lost wages and rehabilitation costs.
The compensation you recover can also help alleviate your pain and suffering and lost enjoyment of life. But as you navigate your case, the defense is probably going to try to argue that you’re partially to blame for the accident under a legal theory known as comparative fault.
What is comparative fault in Kentucky?
Under comparative fault, a victim’s recovery from a personal injury lawsuit can be reduced if fault is allocated to them. For example, if a jury finds that you were 25% responsible for the accident and suffered $100,000 in damages, then you’ll only walk away with $75,000. You can recover compensation so long as you weren’t 100% at fault for the wreck.
Yet, the amount of money you lose because of comparative fault can leave you without the resources you truly need to spur your recovery forward and reclaim your life. Therefore, you need to be prepared to head off comparative fault arguments as early as possible to protect your interests.
How can you protect yourself from arguments of comparative fault?
Although comparative fault can threaten your claim, there are ways to protect your interests. This includes doing the following:
- Attacking witness credibility: If you can successfully attack the credibility and reliability of the defense’s witnesses, then their testimony will be given less weight. This can prevent them from successfully raising comparative fault arguments. You might be able to attack witness credibility by pointing out the witness’s prior inconsistent statements, criminal history or bias against you.
- Using expert testimony: Comparative fault arguments tend to arise in complicated wreck scenarios, sometimes involving more than two drivers. As a result, causation can be difficult to decipher. But an expert witness might be able to help you present your case. An accident reconstruction expert, for example, can analyze all the evidence from a scientific perspective to render an opinion as to the accident’s cause. The expert’s written report and opinion might sway the jury in your case.
- Anticipating arguments: If you can anticipate how the defense will argue comparative fault, then you better position yourself to counter them. So, think through the facts of your case so that you know where your case is vulnerable to attack.
- Contextualizing the events: Since this is a comparative analysis, you need to make sure that you’re putting your problematic actions in context. Isolated, your actions leading up to the wreck might be indicative of a massive portion of fault, but when viewed in context to the other driver’s actions, they might pale in comparison. So, be sure to develop arguments that minimize the perception of your contributions to the accident.
Fight to avoid a comparative fault finding
A finding of comparative fault can have a tremendous impact on the outcome of your case, affecting your recovery and your financial stability for a long time to come. If you want to minimize the risk of a comparative fault finding, then you have to build effective legal arguments that are supported by the evidence. The sooner you can craft your strategy, the better.
