By Kyle Roby
Attorney and Partner
English, Lucas, Priest and Owsley, LLP
Each state has its own rules as to how to handle a case in which both the plaintiff and the defendant are alleged to have been negligent in causing an accident. In a Kentucky car wreck case, the law of pure comparative fault applies. (In some other states, the rule may be modified comparative fault or pure contributory negligence.)
Under the doctrine of pure comparative fault followed in Kentucky, the plaintiff can recover money damages from the defendant as long as he or she is not found to be 100% at fault; however, he or she is only entitled to recover the percentage of total damages attributed to the defendant’s negligence.
Such cases are often hotly contested, since each party may try to pin all or most of the blame for the crash on the other side.