A rear-end collision can be disorienting, leaving you questioning who is responsible for the damage. Understanding Kentucky’s specific traffic laws and comparative fault rules can give you the necessary clarity. Here is what you should know.
What does Kentucky law say?
Kentucky law expects a driver to maintain a reasonable distance from the vehicle in front of them. Furthermore, their driving should reflect the prevailing traffic and road conditions.
If they fail to fulfill the aforementioned duties and it results in a collision, Kentucky courts may hold them liable.
When is the lead driver at fault?
There are certain circumstances when a lead driver may be at fault. For example, the lead driver may have caused a motor vehicle accident by applying the brake suddenly without cause or reversing in an active traffic lane. In situations like this, the law considers the lead driver at fault.
How is the fault shared?
Since Kentucky is a pure comparative fault state, even if you were partially responsible for the accident, you may still be able to recover monetary damages. For example, if your total damage stands at $30,000 and you are 10% at fault, you may still be entitled to receive $27,000. Furthermore, irrespective of who is at fault, under Personal Injury Protection (PIP), you are automatically entitled to $10,000 that covers basic medical bills and lost wages.
What should you do after a rear-end collision?
Before you do anything, seek medical attention even if you feel completely fine. Subsequently, call the police to the scene and document everything, either in photos or videos. Get the insurance details from the other driver and consult a legal counselor to assess your situation and understand how much damages can you recover from the at-fault driver.
