Kentucky’s Comparative Fault Rule: How It Affects Your Injury Claim
If you’ve been injured in an accident in Kentucky, one of the first things the other side’s insurance company will try to do is blame you — even partially — for what happened. That’s because Kentucky follows a “comparative fault” system, and the percentage of fault assigned to you directly reduces what you can recover. Understanding how this works is essential to protecting your claim.
Kentucky’s Pure Comparative Fault Rule
Under KRS 411.182, Kentucky follows a “pure” comparative fault system. This means that your recovery is reduced by your percentage of fault — but you can still recover even if you were mostly at fault. If you’re found to be 20% at fault for an accident and your total damages are $100,000, you recover $80,000. If you’re 80% at fault, you recover $20,000. Even at 99% fault, you’d recover 1% of your damages.
This is more favorable to injured parties than the rule in many other states, which bar recovery entirely if you’re 50% or 51% at fault. In Kentucky, the door is never completely shut — though a high percentage of fault obviously reduces the value of your claim significantly.
How Fault Is Determined
In a jury trial, the jury determines each party’s percentage of fault. They consider all the evidence — witness testimony, physical evidence, expert analysis, police reports, photographs, and anything else relevant to how the accident happened. The jury allocates fault among all parties, including the plaintiff, and the plaintiff’s recovery is reduced accordingly.
In settlement negotiations (which is how most cases resolve), the parties essentially negotiate around what they think a jury would decide. The insurance company’s assessment of your comparative fault directly affects what they’re willing to offer.
Why This Matters for Your Case
Insurance adjusters will look for any reason to assign fault to you. Were you on your phone? Were you exceeding the speed limit by even a small amount? Did you fail to see a hazard that arguably should have been visible? Every potential basis for shared fault is leverage the insurance company uses to reduce your claim’s value.
This is why thorough investigation and documentation from the start of the case is so important. The evidence you preserve — or fail to preserve — in the immediate aftermath of an accident can make a significant difference in how the fault question plays out.
If you’ve been in an accident and have questions about how comparative fault might affect your claim, call me at (859) 225-9540 or use the contact form.
Joseph D. Buckles is a civil litigation attorney at Buckles Law Office, PLLC in Lexington, Kentucky.
