When someone gets hurt in an accident, figuring out who caused the harm can feel more complicated than it looks. Sometimes more than one person shares the blame. In Kentucky, the law still lets injured people recover money even if they made a mistake that contributed to the accident. Understanding how this rule works helps families know what to expect after an accident.
What is comparative fault?
Kentucky uses a legal standard called pure comparative fault, as outlined in Kentucky Revised Statutes (KRS) § 411.182. A court or an insurance company considers the actions of everyone involved and determines exactly how much each person is at fault.
If the injured person shares some of the blame, their share of fault directly reduces their compensation.
For example, imagine someone walks into a store and slips on a wet floor. The store failed to clean up the spill, so it bears most of the blame. But if the injured person also texted and did not watch where they walked, they may share some responsibility. If they hold 20% of the fault, they only receive 80% of their total damages.
This rule is “pure” because the injured person can still seek damages even if they hold most of the blame. Someone who is 90% at fault can still recover for the 10% caused by the other person. This approach keeps the system fair by assessing the real situation rather than blaming a single person.
Why do fault percentages matter?
The percentage of fault determines how much money the injured person receives for medical bills, lost wages, and pain and suffering from the accident. Because evidence guides these numbers, each side argues to lower its share of the blame.
Photos, videos, witness statements and medical records play a significant role. These details show what really happened. The clearer someone can show the other person’s fault, the more compensation they keep.
Reaching out for guidance
After an accident, laws about fault can feel confusing. An attorney can look at your situation, explain how Kentucky’s comparative fault rule applies and help protect your rights. Having someone to handle the details can make recovery feel less stressful and help you move forward with confidence.