How Can an Elizabethtown Personal Injury Attorney Help Prove Fault?
Have you been injured in a motor vehicle accident? Have you avoided contacting an Elizabethtown personal injury attorney because you think you are at fault for the collision? Do not put off calling a lawyer any longer. Our Elizabethtown personal injury lawyer may be able to recover compensation for you even though you may be partially to blame for your car accident.
Call our office today for a free consultation with an experienced car accident attorney. Being injured in an accident is a traumatic life event. In addition to your physical injuries, a car accident causes emotional stress and financial strain. Hiring an attorney can reduce your stress. We take care of the legal aspects of your accident claim so you can focus on your recovery.
Proving Fault in a Car Accident Case
Before you can receive compensation in a motor vehicle accident, you must prove the other driver was at fault for the collision. In most car accidents, it is obvious who was at fault for the collision. However, in some accidents, such as a multi-vehicle, it may be more difficult to establish which driver was at fault for the collision. Furthermore, you could have a situation where more than one driver is partially at fault for the collision.
When fault is disputed, an experienced attorney needs to conduct a thorough and comprehensive accident investigation. This independent investigation is to verify the circumstances leading up to the collision. We also identify and preserve key evidence used to establish fault. In very complex cases, we may utilize the services of an expert accident reconstructionist to recreate how the accident occurred to determine fault.
Determining fault is a crucial part of an accident claim; however, determining the percentage of fault for multiple drivers is also crucial due to comparative negligence.
Kentucky’s Pure Comparative Negligence Standard
As your Elizabethtown personal injury attorney, we want to limit the percentage of fault assigned to you when fault for a car accident is shared. This is important because of Kentucky’s comparative negligence standard.
What is the theory of comparative negligence?
Comparative negligence is used to “compare” each driver’s degree of fault for the collision. Comparative negligence is also referred to as comparative fault and contributory negligence in some states. Each state has a comparative negligence standard it uses when fault is shared by multiple drivers. The theory of comparative negligence states that a person’s recovery for a negligence-based claim (i.e. vehicle accident) is reduced by the percentage of fault assigned to that person.
In other words, if you were speeding when another driver turned left in front of you, the jury may say you were partially at fault for the collision. If the jury assigns you 20 percent of the fault, your recovery is reduced by that percentage. For example, if your damages total $100,000, you receive $80,000 for your claim.
Some states have what is referred to as modified comparative negligence. A modified comparative negligence standard means if you are more than 50 percent at fault for a collision, you cannot receive any compensation. Some states adjust the percentage up or down. On the other hand, Kentucky uses a pure comparative negligence standard.
Pure Comparative Negligence
With a pure comparative negligence standard, you could be 99 percent at fault for a collision and you could still receive compensation for one percent of your damages. This is one reason it is so important to consult with an Elizabethtown personal injury attorney even if you believe you are at fault for the collision.
Under our pure comparative negligence standard, you may be entitled to receive compensation for your injuries, even if you are partially at fault for the crash. The insurance company will not explain this to you; Therefore, always consult an Elizabethtown personal injury attorney to discuss your legal rights after a motor vehicle accident or other type of personal injury.
Contact an Experienced
Elizabethtown Personal Injury Attorney
We’ve Helped Thousands of KY Families, we can help you!
The Elizabethtown personal injury lawyers of Musselwhite Meinhart & Staples, PSC represent clients throughout central Kentucky. Contact our office by calling 270-506-4052 to schedule a free consultation with an experienced personal injury attorney. You may also contact our office through our convenient online contact form.
Do not allow an insurance company to take advantage of you because you are unfamiliar with Kentucky’s personal injury laws. The company is not looking out for your best interests. Our Elizabethtown personal injury lawyers stand up for your rights and protect your best interests.