How is Fault Determined in a Car Accident?
A car accident can be devastating for you and your family. But if the accident and injury occurred because of another’s fault, you may have a right to claim financial damages. Once you have obtained emergency medical care, one of the first things that need to be established after a car accident is the at-fault or responsible party for the crash.
It can be difficult or obvious determining fault in car accidents depending on individual circumstances. The injuries may cause immense pain and suffering, which must be financially quantified. You should not hesitate in speaking with a competent personal injury lawyer about seeking compensation for your injuries and losses if you were hurt in a car crash because of the negligence, recklessness, or carelessness of another driver.
Your car accident attorney will try to piece together what happened during the accident, collect the necessary evidence, use outside experts if necessary, and do everything to hold the at-fault parties liable. This post will help you understand how fault is determined following car crashes in Kentucky.
Factors Considered by Insurance Companies
Typically, insurance companies consider the following factors for determining who is at fault:
- Accident types
- Police reports
- Traffic laws
It can be hard to prove fault after a car accident since nobody wants to accept blame or liability. The possibility of being sued or insurance rates going up dissuades at-fault drivers to claim responsibility. However, you deserve to claim damages for your losses from the responsible party.
This can be easily done by consulting with a skilled and knowledgeable car accident attorney. Lawyers with a background in handling car accidents will understand state traffic laws. They will have the necessary evidence for determining who is at fault.
Proving Fault in Car Accidents
Police respond to the accident scene quickly, especially where people have been injured. They will make a written accident report. This includes driver insurance and contact information, the site of the accident, and details about the road, traffic, and other conditions. In Kentucky, officers generally include information about how the accident may have happened. This opinion may or may not include the name of the at-fault party.
You should try and obtain a copy of the police report when you have been in a crash. You should also review the accident report to ensure that all details are correct. You can gather evidence for supporting your belief if there are any incorrect details in the report. It is helpful to know details in the police report that may hurt your claim.
The Type of Accident Sometimes Indicates Fault
There are a few accidents that don’t leave any doubt about the at-fault driver. For instance, in the case of rear-end collisions, it is majorly considered to be the fault of the driver that rammed into the other car. It is every driver’s responsibility to leave space in between the car in front of them. When they don’t leave enough stopping distance and hit a car in front of them, they are usually considered to be at fault.
The same is true with left-turn crashes as well. People taking left turns should ensure that there is no oncoming traffic with the right of way. However, in these accidents, there is always a doubt about liability when the car going straight is speeding or runs a red light.
In other types of crashes, the exact location of vehicular damage can be analyzed for determining fault.
Violations of Traffic Laws Can Determine Fault
Traffic law violations can be helpful in determining fault. Was the driver accused of an illegal lane change? Was the car speeding? Were any of the drivers texting before the accident occurred?
These are just a few examples of traffic law violations that can be used for discovering which driver caused the accident. In addition, traffic tickets issued by the police at the accident scene are bad news for the receiving driver in terms of fault determination.
Kentucky is a Pure Comparative Negligence State
It is possible for more than one driver to be responsible for a car accident. Kentucky is a pure comparative negligence state, which means that any damage that is awarded to you following a successful legal claim will be reduced proportionately as per your share of fault. For instance, if you were to be awarded $100,000 and it is found that you were 20% at-fault for causing the accident, the damage award would be reduced to $80,000.
Proving the other party’s fault is vital. Personal injury following a car crash can leave you with expensive medical bills and possibly lost time at work. You may not be able to fix your injuries with a damage award, but it will help you move on with your life by paying bills and the cost of treatment.
This is why it’s critical that you get in touch with a knowledgeable attorney as soon as possible following the car crash. You should also ensure to get a medical evaluation done even if you don’t think you are hurt.
Talk to a Seasoned Car Accident Attorney in Kentucky
The dedicated car accident attorneys at John H. Ruby & Associates are here to help you determine who is at fault. We will negotiate the best possible settlement and at the same time, we will be prepared to take your case to trial if that is what it takes to maximize your compensation amount. Give us a call today at 502-895-2626 or fill out this online form to schedule a free, no-obligation consultation and learn more.
