One of the most important determinations in a car crash in Kentucky is who is actually at fault for the wreck. Causing a crash through negligence, inadequate vehicle maintenance or violation of traffic laws leaves the driver vulnerable to insurance claims and sometimes even lawsuits.
Rear-end crashes are among the most common wrecks that occur. One person stops short, maybe because an animal runs out in the road, and the person behind them can’t stop quickly enough to avoid hitting them.
Who is typically the one at fault in a rear-end crash in Kentucky?
The driver who rear-ends the other is likely to blame
Drivers should actively seek to avoid causing car crashes by not only following the law but monitoring road circumstances at all times. Most driver’s education programs will do their best to illustrate how crucial it is to maintain proper following distance while driving and also to slow down when the vehicle in front of you applies their brakes.
Excess speed and distraction often contribute to rear-end crashes. Given that the police responding to the wreck probably cannot tell which driver is honest about the situation leading to the crash, their analysis of the scene will be what determines fault. They will likely assume that a driver who hit another driver from the rear either drove too fast or failed to watch the vehicles around them appropriately.
What are your rights after a rear-end collision?
If you were the driver in the vehicle that hit the other car from behind, you may be able to file a claim against your own insurance in some circumstances, provided you have the right coverage. In the rare situation that the police determine the driver in the front vehicle was to blame, you could even file a claim against their insurance.
However, given that a rear-end collisions often mean that one driver made at least minor driving mistakes, the pure contributory fault laws that apply to personal injury claims in Kentucky will likely prohibit the driver in the rear vehicle from filing a civil lawsuit or securing compensation if they do go to court.
Learning more about the rules that determine fault and compensation options after a Kentucky crash can help you make the best of a difficult situation.