Comparative Negligence: Will The Other Driver’s Insurance Company Pay My Medical Bills If I Am Partially at Fault?
Imagine a situation where you were injured when an automobile struck you. The automobile driver admitted he did not see you and pulled out into the intersection causing the crash. The police officer told you that you might be partially to blame for the accident; however, you were the only one injured. Now you are worried that other driver’s insurance company will not cover your medical bills because the police officer told you that you were partially at fault for the accident.
The good news is that Kentucky is a pure comparative negligence state so you can collect compensation even if you are partially liable for an accident. Furthermore, a police officer’s opinion of the accident is not the final decision as to liability. A personal injury attorney can help you with questions of comparative negligence and liability.
How Does Comparative Negligence Effect My Personal Injury Settlement?
Whenever you are involved in a vehicle accident in Kentucky, liability must be assigned to either you or the other driver. This is not an “all or nothing” decision. Kentucky operates under the theory of comparative negligence. With comparative negligence, one or both parties may have liability for the accident. In the scenario above, the police officer, based on his review of the accident scene, determined that both drivers were at fault. If this was the case, a percentage of fault will be assigned to each driver under the theory of comparative negligence.
For example, if you are found to be 10% at fault for the accident and the other driver is 90% at fault, the other driver is liable for 90% of the damages you sustain from the accident. If the jury awards you $500,000 for damages, you will only receive $450,000 ($500,000 less 10%). On the other hand, if a jury finds that the other driver was 100% at fault, you would receive the entire $500,000 award.
Some states take the position that if a driver is 50% or more at fault for an accident, that driver cannot collect any compensation from the other driver. However, in a pure comparative negligence state such as Kentucky, you can be 99% at fault for the accident and still collect 1% of the damages awarded by the jury.
Proving Fault in a Comparative Negligence Situation
Because insurance companies want to pay as little as possible for a personal injury claim, it benefits the insurance company to blame the victim for at least a portion of the liability for the accident. There are several ways that the insurance company will try to blame the victim. Some reasons why the insurance company will claim the victim was responsible under comparative negligence include:
- Failing to yield the right of way (as in our example above)
- Speeding
- Distracted driving (i.e. texting, telephone calls, eating, etc.)
- Failure to use proper signals
- Failure to use seatbelts or other safety equipment
Fortunately, your automobile accident attorney can use experts to help establish fault in an accident. Accident reconstructionists and other experts use evidence from the accident scene to reconstruct the accident to show that the other driver was at fault. This is very important when liability is at issue in a comparative negligence case. Hiring an experienced vehicle accident lawyer is very important to ensure that you will have the successful outcome that you desire.
Contact an Experienced Radcliff and Elizabethtown Personal Injury Attorney
We’ve Helped Thousands of KY Families, we can help you!
The personal injury attorneys of Musselwhite Meinhart & Staples, PSC have over 50 years of combined legal experience. If you have been injured in an accident, we can help you. We represent clients throughout central Kentucky.
Contact us at our Radcliff and Elizabethtown Office in Hardin County at (270) 351-6032 or toll-free at 1-800-754-HELP to schedule a free consultation with one of our attorneys. You may also contact our office through our convenient online contact form.