What Is The Rear End Law In Kentucky?

Kentucky has some bad, bad, bad drivers. I represent people who are injured in car crash cases on a daily basis and I’ve been doing it for over a decade. Most of the time when someone hits you from behind they are at fault for the crash. 100% at fault in my opinion. But every once in a while there is an exception to the general rule. This post discusses what happens in a rear end collision in Kentucky.

Pretend you are just sitting a light not doing anything but waiting and someone hits you from behind. They are at fault for this crash. You did nothing to cause or contribute to the crash. If you did do something to cause or contribute that is what lawyers call “contributory negligence.” For example, lets say you are on the highway and abruptly change lanes. You then slam on the breaks and someone hits you from behind. There isn’t a free pass just because the other person hit you from behind. You caused or contributed to the crash.

Or pretend for a second the other driver is in a road rage situation. They go around you and jam on the breaks. If you didn’t have time to react than that driver is responsible for the crash. I hear Defendants come up with all sorts of cockamamie schemes. The unfortunate fact is that people lie. Sometimes they go home after a rear end crash after admitting fault and change their story because their husband or wife gets mad. Sometimes their insurance carrier pushes them a particular way. This is where an experienced personal injury lawyer can come into play. There are ways to gather evidence and information to prove the other driver is solely responsible for the crash.

Side Note: The Police report on your case can be wrong. Here is a link discussing what to do if that is the case: https://www.linkedin.com/pulse/police-report-wrong-now-what-do-i-brian-dettman/?trackingId=JTk3YmzFTnKgqI2qbm2CXw%3D%3D

I also get to depose the Defendant if the case goes to litigation. One of my favorite questions is: Would you agree with me that you have a responsibility as a good driver to keep a sufficient space between you and the vehicle in front of you? That is a trick question. Of course the person is going to say yes. Then the Defendant will be on their heels trying to come up with some garbage explanation as to why they didn’t keep space. As you can imagine that doesn’t go well :).

Drivers have a responsibility to keep a sufficient space between them and the car in front. There is a “duty” in the eyes of the law to avoid hitting people in front of you. If you do hit them there is a “breach” of the duty. When the Defendant breaches the duty they become responsible for the damages.

If you are rear ended here is some quick advice on what to do after the crash: https://louisville-injury-lawyer.com/faq/what-should-i-do-immediately-after-a-car-accident/

Please feel free to send any follow up questions on rear end crashes to bdettman@dettmanlawgroup.com. Consultations are always free at Dettman Law.