Fault

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How is Fault Used in Personal Injury Law?

Fault is used to determine which party is negligent in any given personal injury case. Every state has a different set of fault rules and can include pure contributory negligence, pure comparative fault, modified comparative fault with a 50% bar, modified comparative fault rule with a bar over 50%, and slight/gross negligence comparative fault. For a full list of how fault is used in each state, visit Fault Laws and Personal Injury Claims in the United States.

When is Fault Determined in the Legal Process?

Fault is determined once all of the evidence from the incident is collected. This evidence can include a police report, insurance company reports, and gathering evidence from additional sources like witnesses, photos, and physical evidence.

Insurance adjustors usually review this evidence and determine who is at fault in the accident.

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Is Fault used in Kentucky Personal Injury Law?

Kentucky is considered a pure comparative negligence state. This means that injured parties can recover damages, even if they are partially at fault for the accident. If an injured party is found partially at fault, the compensation they recover is reduced based on the level of fault they are found to contribute.

Is Fault used in Kentucky Personal Injury Law?

Additionally, in 2024, Kentucky became a “choice no-fault” state. This means that drivers are all covered by Personal Injury Protection insurance (PIP). This insurance covers drivers, passengers, and pedestrians who were injured.

Is Fault used in Tennessee Personal Injury Law?

Tennessee is a modified comparative negligence state. This means that if an injured party is found to be less than 50% at fault for an accident, they can still recover damages, and those damages are reduced based on the percentage they were found to be at fault for the incident.

Lee Coleman

ATTORNEY, MANAGING PARTNER, & CO-FOUNDER

Mr. Coleman is now the Managing Partner and majority owner of Hughes and Coleman Injury Lawyers, a firm he co-founded in 1985 with J. Marshall Hughes. The firm has grown for over 40 years, and we currently have over 30 attorneys and multiple offices across Kentucky and Tennessee, as well as an affiliate firm in Albuquerque, New Mexico.

Mr. Coleman’s efforts and accomplishments have been widely recognized, including being named as a Kentucky Super Lawyer in Personal Injury since 2012, and being awarded an AV Rating, the highest rating given, by the nation’s preeminent Attorney Rating service, Martindale- Hubbell®.

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Frequently Asked Questions About Fault

How does fault effect a car accident claim in Kentucky?

Because Kentucky is a Pure Comparative Negligence state, injury victims can file claims, even if they were considered partially at fault. Additionally, Kentucky’s choice no-fault rule ensures that drivers, pedestrians, and passengers can file claims, whether or not they hold insurance. In cases such as these, the at-fault party’s insurance would cover claims.

Can you make a personal injury claim if your were at fault?

In most states that have comparative fault rules, injured parties can make claims, but in many cases, the total of their compensation is reduced based on how at fault they were for the incident.

Is personal injury protection no-fault?

Yes. Personal Injury Protection insurance is considered no-fault insurance. In 2024, Kentucky became a no-fault state, and PIP insurance is included with the car insurance.