Car accidents are rarely black and white. In many cases, more than one driver shares some level of responsibility for a crash. If you were injured in an accident and believe you may have been partially at fault, you might be wondering: “Do I still have a case?” In Kentucky, the answer is often yes.

Kentucky follows a pure comparative fault system, which means you can still file a personal injury claim—even if you were partially responsible for the accident. Understanding how this system works is key to protecting your legal rights and maximizing the compensation you receive.

What Is Comparative Fault in Kentucky?

Comparative fault (also known as comparative negligence) is a legal doctrine that allows multiple parties to share responsibility for an accident. Kentucky is one of the few states that follows the pure comparative fault model. This means:

• You can recover damages even if you are 99% at fault.

• Your compensation will be reduced by your percentage of fault.

For example, if you are awarded $100,000 but found to be 30% responsible, your final compensation would be $70,000.

This system is more favorable to injury victims than states with “modified” comparative fault, where crossing a certain fault threshold (usually 50% or 51%) bars you from receiving anything.

Common Scenarios Where Partial Fault Applies

Partial fault is common in collisions where both drivers may have made mistakes. Situations that often involve shared liability include:

• Rear-end collisions, where the front driver suddenly stops but the rear driver is following too closely.

• Left-turn accidents, where one driver turns without yielding but the other was speeding.

• Intersection crashes, where both drivers claim to have had the right of way.

• Weather-related accidents, where neither driver took proper precautions.

Insurance companies may try to argue you played a bigger role in the crash than you actually did, which is why legal representation is so critical in partial fault cases.

How Fault Percentages Are Determined

Determining fault is often subjective and based on the available evidence. Insurance adjusters, attorneys, and potentially juries will consider:

• Police reports

• Eyewitness statements

• Traffic camera footage or dashcam videos

• Vehicle damage and skid marks

• Cell phone records (to check for distracted driving)

• Weather and road conditions

A strong case requires a comprehensive investigation to minimize your percentage of fault and strengthen your claim for compensation.

What Damages Can I Still Recover?

Even if you’re partially at fault, you can still pursue compensation for both economic and non-economic damages:

• Medical bills (emergency care, follow-ups, rehab)

• Lost income or diminished earning capacity

• Pain and suffering

• Emotional distress

• Vehicle repair or replacement costs

• Future medical needs

The key is building a solid case to limit the fault assigned to you—and maximize the recovery amount you’re legally entitled to receive.

What to Do If You Think You Share Fault

If you’re unsure whether you were partly to blame, don’t assume you’re disqualified from filing a claim. Here’s what to do:

1. Don’t admit fault at the scene or to the insurance company.

2. Request a copy of the police report and review its findings.

3. Collect evidence, including photos, contact information, and witness statements.

4. Consult a car accident attorney experienced in Kentucky’s comparative fault laws.

5. Document your injuries and expenses thoroughly.

Having an attorney on your side ensures your version of events is fairly represented and that you're not assigned more fault than is appropriate.

Being partially at fault in a Kentucky car accident doesn’t mean you have to absorb the full financial burden alone. With Kentucky’s pure comparative fault rule, you still have the right to hold others accountable and seek compensation. An experienced personal injury attorney can help you protect your interests, challenge unfair fault assignments, and pursue the recovery you deserve.