How Can Kentucky’s Comparative Fault Rule Affect My Truck Accident Claim?
Truck accidents are among the most devastating types of accidents. These accidents can result in severe injuries, substantial medical expenses, and long-term financial difficulties. Fortunately, if you have suffered injuries in a truck accident in Kentucky because of another party’s negligence, you may be eligible to recover financial compensation. However, before you file your claim, you must understand how the state’s comparative fault rule can impact your ability to recover compensation. Generally, this law dictates how much compensation you can recover (if any) if you are found to be partially at fault for the accident. Keep reading to learn more!
Understanding Kentucky’s Comparative Fault Rule
Sometimes, an accident is the fault of multiple parties. In such a case, the comparative fault rule requires fault to be apportioned among all the involved parties. Under Kentucky Revised Statutes section 411.182, Kentucky applies the pure comparative fault rule. Under this law, you, as the plaintiff, can still seek compensation even if you were partially responsible for your accident, regardless of your percentage of fault. However, the amount you will receive will be diminished by your percentage of fault.
For example, suppose you are found 30% responsible for your truck accident and your economic and non-economic damages total $150,000. In such a case, you can still claim 70% of $150,000 which is $105,000.
How Does Comparative Fault Apply in Truck Accident Claims?
Often, truck accident cases involve multiple parties like the truck driver, the trucking company, a maintenance provider, a cargo loading company, or a manufacturer. When fault is shared among multiple parties, the comparative fault rule is applied to determine responsibility. For example, after a truck accident, the truck driver may be assigned some percentage of fault for driving while fatigued, and the trucking company may be assigned some percentage of fault for enforcing unsafe driving schedules.
In Kentucky truck accident cases, it is not common for insurance companies and defense attorneys to argue that the plaintiff contributed to their accident. For example, the defense may argue that you were speeding or distracted driving. If this is found to be true, you will be apportioned a percentage of fault. Luckily, as already mentioned, Kentucky law allows you to recover compensation even if you played a part in causing your accident. However, your compensation will be reduced.
Suppose the truck driver, the trucking company, and you (the plaintiff) are found liable for the accident. In such a case, you will all be assigned a specific percentage of fault, and your total compensation will be diminished by the exact percentage of fault attributed to your own actions. For instance, if the truck driver is apportioned 40% of the fault, the trucking company is apportioned 40% of the fault, and you are apportioned the remaining 20%, the two defendants will be collectively responsible for 80% of your damages. Your recovery will be reduced by your 20% share of fault.
Why You Need an Attorney
After a truck accident, it’s crucial to work with an attorney. A qualified Kentucky truck accident attorney can;
- Investigate the accident thoroughly
- Gather evidence and work with experts to prove liability
- Negotiate aggressively with insurance companies
- Represent you in court (if necessary)
Contact Us for Legal Help
If you’ve been injured in a truck accident, contact our London & Southeast Kentucky truck accident attorneys at Cessna & George Law Firm for help protecting your rights and pursuing the compensation you deserve.
