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How is Fault Determined in a Kentucky Car Accident?

September 21, 2020

Getting into a car accident can be a scary experience for everybody involved. The aftermath of a collision is often confusing, and victims of car accidents are left dealing with injuries, property damage, and aggressive insurance carriers. One of the most important aspects of any car accident collision is determining liability for the incident. Unfortunately, determining liability can be incredibly difficult, even with the help of our Lexington injury lawyers. Here, we want to discuss how fault is determined in the aftermath of a Kentucky car accident, as this will play a significant role in who gets compensation and how much they get.

Determining Fault for a Kentucky Auto Collision

The most important thing that drivers and passengers need to do in the aftermath of a car accident is to ensure their health and well-being. Anybody injured in a Kentucky vehicle collision needs to seek medical care for their injuries, regardless of how minor the injuries may seem. Kentucky car accident victims who receive immediate medical care are not only ensuring their well-being, but they are also establishing a link between the injuries and the collision.

However, the process of determining fault in a car accident also begins soon after the collision occurs. If it is safe to do so at the scene of the crash, car accident victims should take the following steps to help their case:

  • Use a smartphone or other type of camera to take photographs of any damages, causes of the crash, injuries, debris, traffic conditions, and more.
  • Get the names and contact information of any eyewitnesses to the crash, as their statements could be useful for insurance carriers or in a personal injury case.
  • Get the name, contact information, driver’s license number, and insurance information of any other drivers involved in the collision. It is also important to obtain the names and contact information of any passengers in vehicles involved in the collision.
  • A police report is going to be generated by the law enforcement official that comes to the crash. Ask the police officer how to obtain an official copy of the report.

In the hours and days following the collision, there will be opportunities to gather further evidence, but it may be necessary to speak to a Lexington car accident lawyer for assistance with your case. If another person caused your crash, an attorney will get to work gathering and preserving any additional evidence needed to prove liability. This can include working with businesses or homes near the crash to obtain any video surveillance that may be available. An attorney can also use their resources to obtain vehicle “black box” data as well as cell phone records if distracted driving is suspected as the cause of the crash.

Additionally, an attorney will be able to explore the possibility the collision was caused by roadway defects or defective automobiles or auto parts. In those cases, parties other than drivers may be held liable for the collision, including governmental agencies, car manufacturers, or vehicle retailers.

Data available from various Kentucky governmental agencies shows us that there were 158,171 total vehicle collisions across the state during the latest reporting year. Out of these incidents, there were 730 fatalities and more than 34,000 total injuries. When a vehicle collision occurs, it is vital that victims do everything they can to prove the liability of the at-fault party so they can obtain maximum compensation.