When a pedestrian accident occurs, proving fault shows who caused the incident and who should pay for the damage. Strong evidence, reliable facts, and a clear understanding of the law support your claim. In Kentucky, more than one person can share responsibility. That’s why gathering solid proof is so important.
Key evidence used to prove fault
Photos and videos provide some of the most convincing evidence. Traffic cameras or dashcams can show who had the right of way or whether anyone broke traffic laws. Skid marks, traffic signals, and the location of crosswalks also help reconstruct the scene. If you’re in an accident, take photos right away to capture key details.
Eyewitness statements add valuable support. People who saw the accident can describe whether the driver was speeding, using a phone, or ignoring a red light. Their statements can confirm your version of events. Police officers usually write reports that include information about the weather, time, road conditions, and any traffic violations.
Traffic laws and right-of-way rules
State law gives pedestrians certain protections but also requires them to follow traffic rules. Drivers must stop at crosswalks, and pedestrians must obey traffic signals. If someone crosses during a red light, they may share some of the blame. Under Kentucky’s comparative fault rule, your compensation is reduced by the percentage of fault you carry.
Other forms of evidence, like cellphone records or toxicology reports, can show if a driver acted carelessly. A driver who was texting or under the influence likely holds more responsibility. Your actions also affect the case. Jaywalking or wearing dark clothes at night can shift some of the blame onto you.
Why timing matters after a crash
People’s memories fade and scenes change quickly. That’s why you should act fast. Keep medical records, take photos of the scene, and gather names and contact information from witnesses. If your case goes to court, this evidence helps show what really happened.
Even shared fault allows recovery
Kentucky law doesn’t block you from getting compensation just because you made a mistake. As long as the other party carries more responsibility, you can still receive damages. Focus on presenting clear facts and reliable proof to show how the other person’s actions played a bigger role in causing the accident.