Our Skilled KY Attorneys Discuss How the Principle of Comparative Negligence May Impact Your Personal Injury Claim
Determining liability for personal injury claims depends on negligence. If you were injured in a car accident, you may believe the other driver was at fault but are unsure whether your own actions behind the wheel played a part in the crash. In Kentucky, under the legal doctrine of comparative negligence, it’s possible to obtain compensation for your injuries, even if you were partially at fault for the accident. 
The experienced personal injury attorneys at Skeeters, Bennett, Wilson & Humphrey help accident injury victims seek the compensation they deserve through strong, well-supported claims. Here, we explain the principle of comparative negligence and how you can still receive compensation if you share responsibility for the crash.
Table of Contents
- Our Skilled KY Attorneys Discuss How the Principle of Comparative Negligence May Impact Your Personal Injury Claim
- How Comparative Negligence Works in Kentucky
- What Happens to Your Personal Injury Claim if You’re Partially at Fault?
- Building a Successful KY Personal Injury Case
- Skeeters, Bennett, Wilson & Humphrey Helps KY Clients Seeking Compensation
How Comparative Negligence Works in Kentucky
Sometimes, an accident isn’t always 100% the fault of one party. State laws establish what happens in injury claims when multiple parties share fault. Kentucky is a pure comparative negligence state. This means an injured victim can seek compensation from a negligent party, and the compensation each party receives is reduced by their percentage of fault.
Don’t Confuse Comparative Negligence With Contributory Negligence
Comparative negligence differs from the harsher doctrine of contributory negligence. In contributory negligence, being found even slightly at fault can stop you from getting compensation. You could be only 1% at fault and the other party 99% at fault, but you would still be barred from receiving compensation, even if you had serious injuries. Kentucky, however, uses pure comparative negligence and not contributory negligence when determining liability in an accident.
What Happens to Your Personal Injury Claim if You’re Partially at Fault?
Kentucky’s pure comparative negligence rule allows you to receive compensation even if you're partly responsible for the accident. As established by Section 411.182 of Kentucky Revised Statutes, a court determines each party’s percentage of fault. This determination is based on evidence and arguments presented in the case. The jury determines how much money you would be entitled to if you were not found at fault. Then, it reduces this amount by the percentage at fault the court assigns to you.
For example, if it’s determined that your damages are $80,000, but you are found to be 50% at fault for the accident, you would receive $40,000 in compensation. Legally, you could be 99% at fault for the accident and still receive compensation for 1% of your damages.
This rule applies to many types of accidents, including the following:
- Motor vehicle crashes
- Dog bites
- Defective product accidents
Building a Successful KY Personal Injury Case
Comparative negligence is one important factor that can affect your injury claim, and you may wonder how your attorney approaches a case when you are partially at fault. While Kentucky’s comparative negligence rule allows you to recover for damages even if you bear a large portion of the responsibility for the crash, you still need to build a strong, compelling case.
From the moment the crash occurs, the actions you take can support your claim. If you are able, you can begin gathering evidence your personal injury attorney will need before you even leave the scene of the accident by doing the following:
- Taking photos of the accident scene
- Obtaining contact details from witnesses
- Reporting the accident to the authorities or property owner
Skeeters, Bennett, Wilson & Humphrey Helps KY Clients Seeking Compensation
The client-committed attorneys at Skeeters, Bennett, Wilson & Humphrey know that when you’re injured in an accident, you deserve skilled legal representation to help ensure a fair settlement. Our personal injury lawyers will help you navigate the complicated legal system and understand how the principle of comparative negligence affects your case.
Our clients trust us to give them honest, helpful answers to their questions and common sense advice that makes the legal process easier. Through our legal representation, we provide peace of mind to support clients at all stages of their personal injury case.