Can minor mistakes at the wheel affect crash compensation rights?

Motor vehicle insurance can help people cover the cost of a wreck. Drivers who have significant property damage losses and noteworthy injuries can file insurance claims to recoup what they have paid and possibly also their lost income.

In some cases, the total cost of a crash may go beyond the available insurance coverage. In those situations, the people affected by the crash may need to consider whether they might have grounds to pursue a personal injury lawsuit. Litigation could help people secure compensation for losses that exceed the available insurance coverage.

Proof of fault is one of the basic requirements for a successful personal injury lawsuit. Could partial responsibility stemming from minor mistakes in traffic prevent an injured party from bringing a lawsuit against a driver who caused a major crash?

Partial fault does not prevent litigation

Every state has different regulations for car crash liability and personal injury lawsuits. In some jurisdictions, even the tiniest amount of fault can prevent an individual from successfully pursuing a personal injury lawsuit.

Thankfully, Kentucky has a more balanced approach to these issues. The state has a pure comparative fault statute. So long as the plaintiff pursuing compensation is not entirely at fault for the incident, they can usually seek compensation through litigation.

The defendant responding to the lawsuit may assert that the plaintiff is partially to blame. The courts can then allocate a portion of fault to the defendant, the plaintiff and anyone else involved in the incident.

That allocation of fault then influences the final award of compensation. The courts may reduce the compensation based on the degree of fault that they had for the crash. They can still seek financial support for vehicle replacement expenses, medical bills and lost wages. Claims of partial fault, possibly due to a driver turning without using a signal or committing other minor traffic infractions, can increase the complexity of a personal injury lawsuit but do not prevent injured people from seeking justice.

Learning more about the rules that govern car crash compensation can be beneficial for those hoping to evaluate their options. With the right guidance, many people can hold dangerous drivers accountable for causing preventable wrecks.

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