Many motorcyclists hesitate to pursue compensation after an accident because they are worried about their own actions. What if you were going slightly over the speed limit? Or what if you were not wearing all your protective gear at the time? Doesn’t that make you ineligible to file a claim?
While these factors might affect your case, they do not immediately disqualify you from receiving compensation in Kentucky. State law ensures that even if you were partially at fault, it will only reduce the amount of your financial recovery, not eliminate it completely.
Kentucky follows pure comparative fault laws
“Pure comparative fault” generally means that courts will reduce your compensation based on your percentage of fault. For example, if your total damages equal $100,000 and the court finds you 20% at fault, you will only receive $80,000. Even if they find you 70% responsible, you can still collect $30,000.
Courts determine fault percentages by examining two key factors:
- The nature of each party’s conduct
- How much that conduct contributed to causing the accident
In other words, the court will look at the severity and direct impact of your actions, as well as those of the other driver. Minor violations, such as slightly exceeding the speed limit, may result in low fault percentages when weighed against major violations, such as driving under the influence.
Insurance companies may highlight your own liability
At the end of the day, insurance companies are businesses that need to protect their bottom line. Unfortunately, this means that they may look for ways to lessen the payout by shifting the blame to you. They can claim that you were:
- Distracted, speeding or recklessly driving, which led to or worsened the collision
- Not wearing the required safety gear, such as a state-approved helmet
- Violating traffic laws at the time of the accident, such as running red lights or making improper lane changes
- Not yielding the right-of-way at intersections or merging situations
Even if one of these factors applies to your situation, it does not completely disqualify you from receiving compensation unless you were 100% at fault for the accident. When in doubt, consider seeking advice from a motorcycle accident attorney. They can help provide an objective assessment of your case and protect you from unfair blame.
You have the right to fair compensation
Being partly at fault for an accident does not mean you cannot receive justice for the injuries you suffered. However, before filing a claim, it’s important to understand how Kentucky’s pure comparative fault laws apply to your specific situation. Experienced legal counsel can make the difference between settling for less than you deserve and securing the compensation you need for your recovery.