Were You Partly to Blame for a Car Accident?
In most Kentucky car accident cases, no-fault car insurance applies. That means your damage is covered by your insurance regardless of who caused the accident. You can’t claim personal injury damages unless certain thresholds are exceeded. But some people choose tort-based cover, which means that you’ve opted out from the “no-fault” system and can claim damages accordingly. This complicates matters considerably, and an Elizabethtown car accident lawyer is what you need to navigate this effectively.
Determining Fault Can be Complicated
Accidents happen fast, and sometimes the blame has to be shared. For example, if you changed lanes ahead of another car and caused a crash, you may not be solely to blame. The other driver may have been speeding, contributing to the crash. Since the amount of damages payable is determined through calculating percentage fault, the issue becomes pivotal in calculating the damages you pay or receive.
This is a fair system: in our example, both drivers were partially to blame for the accident. One failed to spot the oncoming car, and the other was driving too fast. Let’s suppose that one of the drivers was badly injured: should he or she be solely responsible for the medical expenses and loss of productivity incurred? Clearly, it would be rather harsh to suggest that, since at least some of the blame should be carried by the injured party, the other should get off Scott-free.
Pure Comparative Fault Rules Apply in Kentucky
What is “pure comparative fault”? This means of measuring damages applies in Elizabethtown, Kentucky. A simplified explanation may help you to understand it better. Let’s suppose that the car changing lanes is deemed to have been 80 percent at fault for the property damage and injures to the driver of the other car. In this instance, the driver who was 80 percent at fault covers 80 percent of the damages, while the driver of the speeding car only covers 20 percent of the damages.
Who Determines Comparative Fault Percentages?
Percentage fault is determined by insurers. Admittedly, there is no mathematical formula for determination of fault, leaving the determination open to negotiation. A lot of people don’t realize that this is a negotiation: the opening position is not necessarily the expected final outcome. Indeed, it is likely to be somewhat higher than the desired outcome, since negotiation is expected. But as a lay-person who presumably doesn’t handle these negotiations as part of his or her daily routine, you probably won’t know how to negotiate effectively.
An Elizabethtown Car Accident Lawyer Could Save You Thousands
Even if you have good insurance, the percentage fault could have a serious impact on your financial situation. Remember, the higher your claims, the more likely your insurer is to increase your premiums. Thus, minimizing the percentage fault allocated to you could make an enormous difference, particularly when we are looking at claims amounting to a large amount of money, and even more so when your insurance coverage is lower than the amount claimed.
Having an experienced Elizabethtown car accident lawyer in your corner can make all the difference. And if negotiations reach an impasse and the case goes to court, your need for representation and legal advice is greater than ever.
It’s Not Always Clear-Cut
Evidence from the accident scene is used to determine percentage fault. That sounds quite scientific, but in practice, it can be rather arbitrary. There can even be reasonable doubt as to who carries the greatest fault in an accident, and you may be sure that in these cases, fault will be hotly contested. Your car accident lawyer will represent you, explaining the implications of the evidence presented, and any valid arguments aimed at reducing your percentage fault.
The Insurer With the Most to Lose Won’t Necessarily Fight Fair
Realistically, it is within an insurance company’s interests to pay out the least amount of money possible on claims. Its employees will sift through every detail of evidence searching for ways to minimize pay outs. If you are the person expecting property damage and personal injury compensation, you can expect to be targeted for every scrap of possible evidence that may indicate that you had the greatest responsibility for, or contributed to an accident, even if you did nothing wrong.
One of the commonest tricks of the trade is to extract a statement from you soon after the accident. You are in shock, and even if the accident wasn’t your fault, you may be a little unsure at the time. This can lead you to say things that call your lack of liability into question, or that indicate a greater liability than was actually the case. Our advice is to offer no verbal or written statements regarding a car accident until you have claimed your right to legal representation.
If You are Eligible to Receive Damages, Several Arguments Can Be Presented
Let’s suppose that the accident was 100 percent not your fault. Accident scene evidence supports this, so you don’t need a car accident lawyer to help you, right? Wrong! Even in cases where accident scene evidence is inarguable, several further arguments can be put forward. These include:
- New and Independent Cause
- Emergency
- Unavoidable Accident
- Act of God
If any of these can be proved, the person who is at fault will be cleared of liability, leaving you without further recourse.
Would You Be Better off Representing Yourself?
We’ll admit that there are some cases in which people are better off representing themselves because the cases are so clear-cut. However, we would advise people who believe they are in such a situation to ask a lawyer for a full evaluation of their case. Ask your Elizabethtown car accident lawyer whether representation would be beneficial, and why. You will get an honest and straightforward answer that helps you to make an informed decision.
There have been instances in which we have felt our intervention would not be necessary, and we have advised our clients accordingly. Just as doctors have an ethical responsibility to take care of your health without unnecessary treatments, lawyers’ responsibilities involve giving advice that is in the interests of the client. Talk to your Elizabethtown car accident lawyer before you talk to your insurance company.
Contact Musselwhite Meinhart & Staples, PSC by calling 270-506-4052 or use our online contact form to speak with an experienced Elizabethtown car accident lawyer.