As you sit in your damaged vehicle on the side of Dixie Highway in Radcliff, your mind races with questions about what just happened. What should you do next? The other driver is claiming you ran the red light, but you know that's not true. At Skeeters, Bennett, Wilson & Humphrey, our Radcliff car accident lawyers help our clients document exactly what occurred. Understanding how to prove fault in car crashes can mean the difference between receiving fair compensation and a denied claim.
Key Evidence That Helps Establish Liability
Your personal injury lawyer will collect a variety of evidence to support your Kentucky car accident claim.
Police Reports
Police reports provide an official record of basic accident facts, including driver statements, visible damage, road conditions, and any citations issued. While these reports don't determine legal liability, they carry significant weight with insurance companies.
Physical Evidence
Physical evidence from the accident scene can tell a clear story. Skid marks show how fast vehicles were traveling and whether drivers tried to brake. The location and extent of vehicle damage indicate the angle of impact and force of the collision.
Photos and Videos
Photos and videos are especially valuable in proving fault in Kentucky car accidents. If you are able, you should take pictures of:
- All vehicle damage
- The entire accident scene from multiple angles
- Traffic signals and signs
- Road conditions and weather
- Visible injuries
Witness Statements
In addition to photos and videos, witness statements can provide valuable independent verification of what happened. Get contact information from anyone who saw the crash. Your Kentucky personal injury lawyer can follow up with them on your behalf.
Expert Analysis
Accident reconstruction experts use scientific principles to determine how crashes occurred. They analyze vehicle damage patterns, electronic data recorder information, witness statements, road conditions, and more. Their findings help prove exactly what happened, especially in cases with conflicting accounts.
Medical Documentation
Medical records document your injuries and the impact those injuries are having on your health. The records are incredibly important to counter arguments from the at-fault party or their insurance company if they claim you were not injured in the wreck
How Pure Comparative Negligence Affects Car Crash Claims
Kentucky follows a "pure comparative negligence" system under Kentucky Revised Statute 411.182. You can recover damages even if you were partially at fault, but your compensation is reduced by your percentage of responsibility.
For example, if you're found 20% at fault for changing lanes without signaling, and the other driver is 80% at fault for speeding, you can still recover 80% of your total damages. The pure comparative negligence rule also applies in multi-vehicle accidents. The court reduces each driver’s claim amount by their assigned percentage of fault.
Available Compensation and Sources of Recovery
Kentucky law allows car accident victims to seek several types of damages.
Economic damages may include past and future medical expenses, lost wages, reduced earning capacity, property damage, and out-of-pocket expenses. Non-economic damages may include pain and suffering, emotional distress, loss of enjoyment of life, and loss of consortium. Kentucky Revised Statute 411.184 also allows for uncapped punitive damages.
Possible sources of recovery for your damages may include:
- The at-fault driver's liability insurance
- Your own PIP coverage
- Your underinsured/uninsured motorist coverage
- Third-party liability claims
- The at-fault driver's personal assets
Additional Parties May Share Liability in Car Accidents
Sometimes, entities beyond the other driver bear responsibility for causing Radcliff car crashes.
- Road construction companies must properly mark work zones and warn drivers of hazards. If poor signage contributed to your accident, the contractor could be liable.
- Vehicle manufacturers may be liable for defective products. If faulty brakes caused a crash, the manufacturer might owe damages.
The Role of Auto Insurance Companies
Insurance adjusters often contact car accident victims quickly, seeking statements and offering quick settlements. Be cautious in these interactions. Early settlement offers may not reflect the full value of your claim. It’s prudent to consult with an experienced personal injury lawyer who can handle all communications with insurance companies.
Your own insurance company must be notified promptly about the accident. However, you're not required to give a recorded statement to the other driver's insurance company without speaking to a lawyer first. We will help protect your legal rights to justice and fair compensation.
