Kentucky Accidents

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Can I still recover in Georgetown if they say I caused part of the crash?

In Tennessee, being 50% or more at fault can kill a claim. In Kentucky, that common bit of advice is just wrong. Kentucky uses pure comparative fault, which means you can still recover damages even if you were mostly at fault. Your recovery is just reduced by your percentage of blame.

The outcome usually turns on three big factors:

  1. What the evidence shows about who caused what

A police report from Georgetown Police, the Scott County Sheriff, or Kentucky State Police matters, but it does not decide fault by itself. The real fight is over evidence: crash photos, black-box data, skid marks, witness statements, dashcam video, and vehicle damage.

That matters a lot in harvest season, when drivers blame the nearest slow-moving vehicle, farm tractor, or loaded grain truck on a rural road and assume that settles it. It does not.

  1. Whether your mistake was part of the crash or just an excuse

Insurers love to inflate minor driver errors into "you caused it." Maybe you were going a little fast, followed too closely, or changed lanes late. That does not automatically make you responsible for everything.

Kentucky breaks fault up by percentages. If the other driver was road-raging, crossed center on a two-lane road, ignored a stopped line of traffic, or made an unsafe pass, their share of fault can still be substantial. On roads with heavy truck traffic - like US-23 in Pike County or rural routes around Scott County - that distinction matters.

  1. How much your damages are worth after fault is assigned

If your damages are $100,000 and you are found 30% at fault, you can still recover $70,000. Even at 99% fault, Kentucky law still allows a recovery of the remaining 1%.

That is the myth to ignore: being partly blamed does not bar a Kentucky claim. The real question is how the fault gets divided and what proof backs up your side.

by Carlos Reyes on 2026-04-03

The information above is educational and does not create an attorney-client relationship. Every injury case turns on its own facts. If you're dealing with this right now, get a professional opinion.

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