Comparative Fault in Kentucky: How Being Partly at Fault Impacts Your Recovery

When multiple people contribute to an accident, determining compensation becomes more complex. Kentucky law follows a pure comparative fault system, which allows injured individuals to recover damages even if they share part of the responsibility. At Todd & Todd, we help clients across Lexington and Central Kentucky understand how personal injury lawyer claims are handled when fault is divided.

Understanding Comparative Fault and How It’s Determined

The foundation of Kentucky’s comparative fault system is Kentucky Revised Statutes § 411.182, which permits courts to assign fault percentages among all involved parties and adjust compensation accordingly. This means that if a person is 30 percent responsible for an accident, their damages are reduced by 30 percent but not eliminated. The goal is fairness, each party is held financially accountable only for their share of negligence rather than facing complete denial of recovery.

Fault determination relies on evidence such as accident reports, photos, and witness statements. The Kentucky Transportation Cabinet’s Collision Report Guide details how officers collect and record this data. These official records are crucial when establishing how an incident occurred and who bears responsibility. Our personal injury attorney team analyzes every detail of this documentation to ensure your perspective is fully represented and your share of fault remains as low as possible.

Courts, insurance adjusters, and juries evaluate this evidence to decide liability percentages. The process can be complex and often depends on the clarity of the records and how convincingly they are presented. Strong evidence not only supports your claim but also influences how damages are distributed under Kentucky law.

Shared Fault, Evidence, and Settlement Negotiations

Kentucky’s pure comparative fault law allows injured parties to pursue compensation even when they are primarily at fault. For example, if you are 60 percent responsible for an accident, you can still recover 40 percent of your total damages. This ensures that victims are not deprived of financial recovery merely because they share in the responsibility. Our practice areas include cases involving shared fault, from auto accidents to workplace injuries, where careful documentation and strategic argumentation make all the difference.

Evidence plays a vital role in shaping these outcomes. Traffic diagrams, surveillance videos, and medical reports provide critical insight into what really happened. The Kentucky State Police’s structured reporting practices often form the foundation for how fault is allocated. A knowledgeable personal injury lawyer in Kentucky uses this evidence to highlight another party’s negligence and reduce the degree of fault attributed to the client.

Insurance companies frequently attempt to lower settlements by arguing that the injured person is more at fault than they actually are. Understanding comparative fault helps you challenge these reductions during negotiation. If an insurer undervalues your case, our attorneys present the facts clearly, ensuring your side of the story is documented accurately and your compensation remains fair.

If you believe your share of fault is being overstated, reach out through our contact page. Our attorneys can review your evidence, clarify how comparative fault affects your case, and guide you toward a stronger position in settlement discussions.

Broader Application, Deadlines, and the Role of Juries

Comparative fault applies to all negligence-based claims, not just auto collisions. It extends to slip-and-fall injuries, workplace accidents, and construction claims. Regardless of the type of case, compensation is reduced only by your percentage of responsibility and not completely denied. This broad application reflects the fairness built into Kentucky’s approach to personal injury law.

However, even with this protection, timing is critical. Under Kentucky law, most personal injury claims must be filed within one year from the date of injury as outlined in Kentucky Revised Statutes § 413.140(1)(a). Missing this deadline often results in losing the right to any recovery. Taking early action ensures that witnesses remain available, physical evidence is preserved, and legal filings meet statutory requirements.

When a case proceeds to trial, juries evaluate the evidence and decide how to divide responsibility among all parties. Once fault percentages are determined, the judge applies KRS § 411.182 to calculate the adjusted award. A thorough presentation of evidence and testimony often determines how favorably a jury assigns fault. Our attorneys prepare each case thoroughly, making sure jurors clearly understand the facts and can make informed, balanced decisions about liability and damages.

Real-World Examples and Legal Strategies

Imagine a pedestrian crossing the road outside a crosswalk while a distracted driver fails to yield. If the pedestrian is 25 percent responsible and total damages equal $100,000, the recovery would be $75,000. This calculation illustrates how comparative fault allows shared accountability without preventing compensation. It also shows why detailed investigation and documentation are key to achieving fair outcomes.

An effective legal strategy starts with thorough preparation and a focus on minimizing your share of fault. Our accident attorney team reviews collision reports, gathers statements, and works with experts to demonstrate that another party’s actions were the main cause of your injuries. By showing how those actions violated safety laws or reasonable care standards, we help ensure that the division of fault is equitable.

Clear presentation and persistent advocacy often lead to stronger settlements or favorable trial outcomes. Each case demands a tailored approach, and our attorneys prioritize precision and transparency throughout every step of representation.

Our Approach and How We Help Clients

At Todd & Todd, we handle a wide range of injury cases, including motor vehicle accidents, workplace injuries, and premises liability claims. We emphasize communication and accessibility, ensuring every client understands how comparative fault affects their recovery, what evidence supports their case, and what legal strategies can help achieve the best possible outcome.

If you have been injured in an accident and fault is in dispute, professional representation can make a significant difference. Our attorneys work to minimize the fault assigned to you and pursue the highest compensation available. We maintain ongoing communication so you feel informed, supported, and confident in your claim from start to finish.

Working Toward a Fair Recovery

Comparative fault may lower the amount you receive, but it does not erase your right to pursue compensation. Understanding how Kentucky courts interpret KRS § 411.182 helps you set realistic expectations and strengthens your position when seeking recovery.

At Todd & Todd, we are committed to achieving outcomes that reflect fairness and accuracy for every client we represent. Through careful preparation and evidence-based strategy, our firm works tirelessly to secure equitable results under Kentucky’s comparative fault law. Contact us today to discuss your case and learn how we can help you recover the compensation you deserve.