On behalf of Musselwhite, Meinhart & Staples posted in car accidents on Wednesday, February 28, 2018.
Numerous Kentucky residents are injured in auto accidents every year. Those who are injured are often left wondering how fault is determined and if they are able to seek compensation for their losses. Figuring out liability in regard to car accidents is not always cut-and-dry.
There are several different levels of fault, according to common law. Assigning fault in accidents that are the result of recklessness or intentional actions is usually quite simple. It is an accident that results from negligent actions that makes assigning fault more difficult, as negligence is not always easy to prove.
Liability can be assigned to one or more drivers, depending on the details of the incident. If only one person is believed responsible for a crash, then full liability may be assigned to him or her. If the victim is thought to have contributed to the event, then partial liability may be assigned to the victim. Even so, a victim may still be entitled to seek partial damages through legal means.
Kentucky residents who are unsure if they are entitled to seek damages for any losses sustained in car accidents can seek legal guidance on the matter. One’s attorney will be able to review the case and help determine if legal actions are appropriate. If they are, one’s legal counsel can get the process started by filing any applicable claims in civil court, all while working to negotiate a fair settlement with insurance. Fair and full compensation may be achieved, either in or out of court.
Source: FindLaw, “Fault and Liability for Motor Vehicle Accidents“, Accessed on Feb. 19, 2018