Getting injured in an accident in Kentucky is never easy. Whether it’s a car accident, slip-and-fall, or dog bite, something has gone wrong. And usually, someone else was involved. But that doesn’t automatically mean they’re “at-fault” for what happened. So, what does that mean exactly?
Being “at-fault” for an accident means being:
- Liable for any injuries or damages.
In other words, the person or group that’s at-fault is legally responsible for covering your medical expenses, lost income, property damage, and pain and suffering. But this brings up another question: what makes someone at-fault?
What Makes Someone At-Fault For My Damages in a Kentucky Personal Injury Case?
In an injury claim, fault is tied directly to negligence. This means that someone’s actions–or inactions–caused the accident you were in and the injuries and other losses that you’re dealing with because of it. But to officially establish this, it comes down to four questions:
- Did they owe you a duty of care? Drivers owe others on the road a duty to drive safely. Property owners owe visitors a duty to keep their space reasonably safe. Businesses owe customers a duty to fix hazards they know about. The exact duty depends on the situation, but the idea is the same: people must act in a way that keeps others safe, and they’re expected to take reasonable steps to do so.
- Did they breach that duty? A breach happens when someone doesn’t act the way a reasonably careful person would. That might mean speeding, ignoring a spill, or not fixing a known safety issue.
- Did that breach cause your injury? There has to be a clear link between what they did (or didn’t do) and what happened to you. If their carelessness sets the chain of events in motion, causation is usually established.
- Did you suffer actual damages? Medical bills, lost income, pain and suffering, and property damage all count. If the accident caused you real financial or physical harm, damages are present.
If the answer to all four elements is “yes,” Kentucky law generally considers that person at-fault. And once someone is at-fault, they can be held financially responsible—usually through their insurance—for the losses you’ve had to deal with.
Get Help From Kaufman & Stigger After a Kentucky Accident
When you’re hurt in an accident in Kentucky, everything gets harder fast. Medical bills pile up, you’re missing work, and the insurance company may already be pushing you to settle. These are the moments when knowing who’s at-fault and proving it becomes important, and having our Kentucky personal injury team at Kaufman & Stigger, PLLC on your side can make a real difference. We can:
- Walk you through your options in plain language so you actually understand how Kentucky’s fault rules work—and what you can do right now to protect your claim.
- Help gather the medical records, photos, reports, and everything else that shows the real impact this accident has had on your life.
- Look into what really happened so we can pinpoint who was at fault and how their choices led to your injuries.
- Handle every call and email with the insurance company so you’re not pressured, blamed, or pushed into taking less than you should.
- And if the insurance company still won’t do the right thing, we’re ready to take your case to court and stand up for you there, too.
You never want to be in a situation where you get hurt in an accident, but when you are, it’s going to mean dealing with confusing terms and complicated liability questions. Our team will be there to make sure you know what to expect and who’s responsible. Reach out today to set up a free consultation.
