How Do I Dispute Car Accident Fault?
A car accident can happen because of one or both parties’ negligence. In Kentucky, when both parties are to blame for a car accident, fault is distributed between the two parties. If both parties are equally to blame, each will bear an equal percentage of fault. On the other hand, if one party is more at fault than the other, they will bear a greater percentage of fault. In Kentucky, if you are partially at fault for your car accident, you can still file a compensation claim and recover compensation. According to Kentucky’s pure comparative negligence law, you can recover damages in a personal injury claim as long as you are not 100% to blame for your accident. However, while you may be eligible for recovery, such recovery will be reduced according to your percentage of fault. For this reason, it is vital that you know how to dispute fault in a car accident case.
After a Kentucky car accident, the other party might try to pin some blame on you. If these allegations are untrue and the other party is solely to blame for your accident, disputing these allegations is crucial to ensuring you recover the compensation you deserve for your injuries and damages. The following is a look at how to dispute car accident fault;
Step #1: Gather Evidence of the Other Party’s Fault
The first step you can take to dispute fault for a car accident is to gather evidence of the other party’s fault. The more evidence you gather, the better. Types of evidence that can help you prove the other party’s negligence include;
- Witness statements
- Pictures of the accident scene
- Dash cam, traffic camera, or security camera footage of the accident
- The police report
People who can provide witness statements include other drivers, bystanders who saw the accident happen, and doctors.
Step #2: Contact a Car Accident Attorney
If the other party wrongfully accuses you of being at fault for your Kentucky car accident, ensure you retain a qualified car accident attorney as soon as possible. An attorney can help you challenge the at-fault party and prove you are not partially liable for your accident. They can help you gather the evidence you need to prove the other party’s negligence and guide you through the process of disputing fault. You have a lot to lose a lot if you are being accused of acting in a manner that contributed to your accident, so it is in your best interest that you don’t handle the situation alone.
Step #3: Ask That the Police Report Be Corrected
Perhaps the other party is accusing you of being at fault for your accident because the police report contains inaccurate information. If this is the case, your attorney can help you have the mistake corrected. Amending a police report may entail writing up your own account of the accident and requesting that it be attached to the police report.
Once you have gathered evidence and corrected the police report (if necessary), your attorney can contact the insurance company and provide proof that their client is to blame for your accident.
Contact a London Car Accident Attorney
If you’ve been in a Kentucky car accident and the other party is trying to pin some of the blame on you, contact a London car accident attorney at Cessna & George Law Firm for help disputing the allegations.