Kentucky residents know that a car accident is often a traumatizing experience. In one recent accident, a woman was trapped in her car following a two-car crash.
According to the Kentucky Post, the crash involved the woman’s vehicle and a truck belonging to a lawn service company. Officials reported that although the woman was trapped in her vehicle, emergency first responders eventually freed her.
She was taken to a local hospital for treatment of her injuries. Officials have not released information on what caused the crash or the level of the woman’s injuries.
Negligence often an issue in car accidents
Most legal claims resulting from a car accident are based on the law of negligence. Negligence generally refers to careless conduct that causes an unreasonable risk of harm to others.
Therefore, if the woman wants to seek compensation for her injuries, she will have to prove that the driver of the other vehicle was negligent. To prove negligence, the woman will have to show the following:
- The other driver had a duty to drive in a reasonable manner
- The other driver breached this duty by driving in an unreasonable manner
- The unreasonable manner of driving caused the accident
- The woman suffered damages as a result of the accident
Pure comparative negligence
Many state laws traditionally held that if an individual contributed in any way to an accident, that person could not collect any damages. However, because this often resulted in unfair outcomes, most states now use the theory of comparative negligence in one form or another.
Kentucky is one of these states and follows what is known as pure comparative negligence. This means that even if the woman is able to prove that the other driver was negligent, any compensation she receives could potentially be reduced depending on her own level of negligence.
For example, if the woman receives compensation in the amount of $100,000 dollars for her injuries, but a jury determines she was 20 percent at fault for the accident, the damage award will be reduced by 20 percent and she will only receive $80,000.
Under pure comparative negligence, even if it is determined that the woman is 90 percent to blame for the accident, she can still receive 10 percent of any damage award and therefore, still likely be able to recover some amount of damages.
An individual who sustains injuries in a car accident often faces hefty medical bills, lost wages and endures intense pain and suffering. The consequences are often long-term and can be life changing. Contacting a personal injury attorney could be helpful during this time. A qualified attorney can explain all available rights and help with obtaining all deserved compensation.