After being injured in a car accident it is important that you are able to prove fault and hold the liable party accountable. Although drivers generally use their own insurance first after an accident in Kentucky, you must be prepared to take legal action against a liable party. Continue reading and contact a Pike County, KY auto accident lawyer for more information and experienced legal representation.
Is Kentucky a No-Fault Accident State?
Yes, Kentucky is what is known as a no-fault car accident state. Under state law, all drivers must file a claim with their own insurance company first to obtain compensation for medical expenses and other financial losses. All Kentucky drivers are required to carry at least $10,000 in PIP for medical expenses and lost wages due to an injury.
Why is Fault Important?
When you get into a car accident and sustain damage or injuries in Kentucky you will file an insurance claim with your own PIP (Personal Injury Protection). PIP provides coverage for medical expenses sustained in an accident regardless of who caused the collision. However, if your medical expenses exceed $1,000 or the accident resulted in permanent disfigurement, broken or fractured bones, permanent injuries, or permanent loss of a bodily function, you have grounds to file a lawsuit against the other driver. Additionally, because PIP only covers injury claims, you can file a claim or lawsuit for property damage.
Because you may choose to take legal action against the other driver for additional damages and compensation, understanding how to prove fault is crucial. Without fault, you will not be able to recover compensation for your various expenses and losses.
How Can I Prove Fault in a Car Accident?
The best way to prove fault after a car accident is to establish the other driver’s negligence. This can be done through standard negligence or negligence per se.
When proving a driver’s negligence you must provide evidence of the following.
- The driver owed you a duty of care. By operating a vehicle on public roads the driver automatically owes other road users a duty of care to drive safely and follow the law.
- That the driver breached the duty of care by failing to exercise reasonable care or violating a rule of the road
- That the breach of duty directly caused or contributed to the accident.
- That you sustained injuries and losses as a result of the accident.
Negligence per se means negligence by itself. It allows negligence to be established simply by proving that the driver violated a law or regulation. For example, drunk driving laws are designed to protect other drivers, passengers, and pedestrians from harm. By proving that the other driver was intoxicated you can automatically establish negligence per se.
To prove fault you need plenty of evidence including photos and videos of the accident scene and vehicles, the police and accident report, eyewitness statements, breath or blood tests for alcohol or drugs, cellphone records, expert testimony, and more.
Reach out to an experienced attorney to learn more about how they can help prove fault in your accident.
