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Understanding Kentucky’s pure comparative negligence rule

| Jun 3, 2021 | Personal injury | 0 comments

An auto accident can leave you traumatized. Maybe the other vehicle popped out of nowhere, and you had no time to react. Perhaps the impact was so severe that you barely have a recollection.  Luckily, Kentucky’s pure comparative negligence rule entitles you to compensation, even if you are partly to blame for the accident.

Defining pure comparative negligence rule

Kentucky is one of the 13 states where the pure comparative negligence rule applies. This rule distributes fault based on each party’s role in the accident. Factors such as recklessness and carelessness of each driver are considered when proving the level of each party’s fault. The party that is established to have violated the law is apportioned a higher responsibility for the accident.

The rule of pure negligence allows you to claim damages even when it is established that you are partially responsible for the accident. And as already indicated, your damage award is determined by the apportioned percentage of fault.

Good evidence equals a stronger claim

In a pure comparative negligence rule, you are entitled to compensation even when you had a role in the accident, as long as you are not 100% responsible for the accident, of course. That said, it is important to understand that the strength of your claim will be subject to how strongly you present your case. Here are four things you need to do when you are involved in an auto accident in Kentucky in order to strengthen your case while claiming for damages:

  1. Call 911 as soon as you can
  2. Think before you give a statement
  3. Take photographs of the accident scene
  4. Gather eyewitnesses

A car accident can result in multiple kinds of losses such as injuries, loss of wages and property damage. Kentucky’s pure comparative negligence rule can help you recover from your losses even if you share the blame for the accident. All you need to do is talk to an experienced car accident lawyer who will help you strengthen your claim and get the compensation you deserve.