Does Fault Matter?

After being in an accident, many people are worried about fault and how it will impact their case. A common question is: Does fault matter? The answer: Yes.

Kentucky is a pure comparative fault state. That means that before awarding compensation, the parties — or the judge or jury — must determine each party's contribution to the accident, or how at fault each party is. Any compensation awarded to the plaintiff is then reduced by that party's percentage of fault.

For example, let's say damages are $100,000, and the defendant was found to be 80 percent at fault and the plaintiff found to be 20 percent at fault. The $100,000 is reduced by 20 percent, or $20,000, leaving the plaintiff with $80,000 in compensation.

One Exception: Personal Injury Protection (PIP)

In Kentucky, drivers are required to carry PIP. PIP is basically "no-fault" insurance and covers those injured in accidents regardless of fault. However, there are caps on what is covered. PIP provides up to $10,000 in medical expenses and lost wages. While this is a great form of protection, anyone who has been seriously injured in an accident will tell you that $10,000 won't even begin to cover your medical expenses. That is why it is extremely important to work with an experienced personal injury lawyer who knows how to build your case, investigate fault and maximize your compensation.

Learn More About Fault In A Free Consultation

At Wilhoit Law Office in Grayson, we understand how stressful it can be to deal with insurance companies and the legal system after an accident. We are here to help. Our lawyers will handle every aspect of your claim — including issues surrounding fault. We have a wide network of experts we can call upon, including accident reconstructionists, to prove you were not at fault.

To discuss your situation with one of our attorneys, call 606-474-8833 or  contact us online. Consultations are free and your case will be handled on a contingency basis — you won't pay us until we've secured compensation on your behalf.