If you were recently injured in a car crash, you could be looking at thousands of dollars in medical bills, lost wages, repair costs and more. Quicky obtaining the settlement you need to cover all of that is important.
But, what if the other driver was mostly at fault for the crash, but you also did something unsafe? For example, maybe the other driver ran a red light and hit you, but you were going over the speed limit and didn’t look to make sure no one was entering the intersection?
Understanding “pure comparative negligence”
The degree of fault assigned to each driver affects how much compensation they can receive – and how much their insurer may have to pay the other party. States have different rules for this. Kentucky follows what’s called the “pure comparative negligence” rule.
Under that rule, if one driver is found to be 100% at fault for a crash, they (or their insurance company) has to pay the other driver the full amount of compensation they’re owed. However, if the other driver did something that contributed in some way to the crash, that other driver’s percentage of fault decreases the amount they’ll receive.
In the above example, say the driver who ran the red light is found to be 80% at fault, but the driver who was speeding and didn’t look both ways is 20% at fault. That driver is owed only 80% of the compensation due (also sometimes referred to as the value of the claim).
How is each driver’s percentage of fault determined?
You can see why determining how much your claim is worth is important. You want compensation for your monetary damages (real expenses and losses both immediately and in the future) and potentially damages for “pain and suffering.” That’s where having legal guidance can help you ensure that you get what you deserve.
Determining the percentage of fault isn’t an exact science. It’s based on the police report, witness statements, photos and videos of the scene and other evidence. Again, that’s where having someone to advocate for you is important. You don’t want to be held more responsible for a crash than you really were.
If you have been involved in a crash, it can be tempting to take the first settlement offer you get to deal with your immediate bills. However, it’s smart to have an experienced legal professional in your corner before you agree to anything.
