If you are partially to blame for an accident in Kentucky which caused injury you can still pursue compensation. This is how it works:
Fault x Damages= Award
Lets pretend you are in a T-Bone Crash and both parties are 50% responsible. You would be entitled to make a claim for 50% of the fault. If your total damages are $10,000.00 the percentage of fault would be utilized to make the total damages $5,000.00. If you were 75% at fault. The recovery would be 25% of the $10,000.00 in damage for a sum of $2,500.00. If the damages are more or less you can multiply the percent of fault by the damages.
I have worked on cases where my client is significantly at responsible for the damages. If the damages are also large, say a fractured arm or cervical fusion and the policy limits are minimum the at fault carrier will be pressured to tender the insurance limits. This means they put they money they have on the table. It does not mean you can’t sue for more, but usually people with low insurance coverage do not have a bunch of money.
Slip and falls are another type of case where I see split liability. A jury can come back and award anywhere between 1% to 100% or any division of liability.
Does The Police Report Matter
I’d also point out that being “at fault” on the police report does not mean anything. The police were not present when the crash occurred. They took this report after the fact making it hearsay. I have recovered over seven figures for people listed as at fault on a police report.
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