Who’s at Fault? Understanding Liability in Car Wreck Cases
When a crash happens, one of the first questions people ask is: Who’s responsible? Whether you were rear-ended at a stoplight or sideswiped in an intersection, determining fault plays a key role in how compensation is handled.
At Wilson & McQueen PLLC, we’ve worked with countless individuals in Lexington, Kentucky, and the surrounding areas move forward after serious car accidents. We understand how difficult it can be to piece things together after a crash. If you’ve been injured and have questions about what to do next, we’re here to help—reach out to us today to get started.
Let’s explore how Kentucky law addresses liability in car wreck cases and what drivers need to know after a collision.
Kentucky’s No-Fault System
Kentucky follows a “no-fault” insurance system, meaning that after most car accidents, your insurance pays for your basic medical expenses and lost wages, regardless of who caused the accident. However, this system doesn’t prevent injured parties from holding the at-fault driver accountable in more serious situations.
Victims may step outside the no-fault system and pursue a liability claim against the other driver if their injuries meet specific thresholds. Under Kentucky law, you can sue for damages if your medical expenses exceed $1,000 or if the crash caused a broken bone, permanent disfigurement, or death. Once those conditions are met, questions of fault become critical.
Comparative Fault in Kentucky Car Accidents
Kentucky uses the pure comparative fault rule. This means that even if you’re partially to blame for an accident, you can still recover damages—your award will just be reduced by your percentage of fault.
This system is important because it encourages injured drivers to come forward, even if they fear they may have contributed to the accident. However, it also gives insurance companies a reason to shift as much blame onto you as possible to reduce payouts. That’s why it’s essential to gather all relevant evidence to support your claim.
What Determines Fault in Car Accidents?
Fault in car accidents is generally based on the legal concept of negligence. A driver is considered negligent when they fail to act with the level of care that a reasonable person would exercise under similar circumstances.
To hold someone liable, you must show that the driver had a legal duty to operate their vehicle safely, that they breached that duty through careless or reckless actions, and that this breach
While some accidents have obvious causes, others involve more subtle forms of negligence, such as distracted driving, aggressive lane changes, or failure to yield. These details matter. Each piece of evidence helps build a clearer picture of what happened, which is critical in holding the right party responsible and recovering full compensation.
Common Scenarios That Influence Liability
Not every car accident is the same. The circumstances surrounding the wreck often play a major role in determining who’s at fault. Some common situations that affect liability include:
Rear-end collisions: In most cases, the rear driver is considered at fault for failing to maintain a safe following distance.
Left-turn accidents: The driver turning left is often liable unless the other vehicle was speeding or ran a red light.
T-bone crashes at intersections: These cases rely heavily on traffic signal data and right-of-way rules.
Multi-vehicle pileups: Fault may be shared among several drivers depending on the chain reaction.
Pedestrian and cyclist incidents: While vulnerable, pedestrians and cyclists still have legal duties and can sometimes be partially at fault.
Each case is unique, and liability often hinges on seemingly minor details that need to be examined carefully.
The Impact of Traffic Violations on Fault
Violating traffic laws can significantly influence fault determinations in car accidents. Kentucky drivers who speed, ignore traffic signs, or drive under the influence are more likely to be found liable. When police issue citations after a crash, those violations can be powerful evidence of negligence.
It’s important to note that a citation doesn’t automatically assign fault in a legal sense, but it strongly supports a claim of careless or reckless behavior. Insurance companies and courts often use this type of evidence when evaluating compensation.
Uninsured and Underinsured Drivers
Even though Kentucky law requires drivers to carry liability insurance, some still get behind the wheel without it. If you're involved in an accident with an uninsured or underinsured driver, you may have additional options under your policy.
Uninsured Motorist (UM) and Underinsured Motorist (UIM) coverage aren’t mandatory in Kentucky, but many drivers choose to add them. These types of coverage allow you to collect compensation from your insurer when the at-fault driver doesn’t have enough insurance to cover your losses. However, you still have to prove the other driver was liable.
Steps to Take After a Car Accident in Kentucky
Taking the right steps after a crash can protect your health and your ability to pursue a claim. Here's what we recommend:
Get medical attention: Always seek care, even if you feel okay at the scene. Some injuries take time to show symptoms.
Call law enforcement: A police report provides official documentation of the accident, including important details about the scene.
Collect evidence: Take photos, get witness information, and document the damage.
Avoid making statements about fault: Even a simple apology could be used against you later.
Contact your insurance provider: Notify them of the accident promptly, but be cautious with what you say until you have legal guidance.
These actions not only protect your physical well-being but also strengthen your case if you later decide to seek compensation.
How Insurance Companies Handle Fault in Car Accidents
After a crash, insurance adjusters begin their investigation almost immediately. They look at police reports, vehicle damage, and any available video or witness testimony. While adjusters are supposed to be neutral, they work for the insurance company, not for you.
Their job is to settle the case for as little money as possible. That often means downplaying your injuries or trying to shift some of the fault onto you. You have the right to dispute their decision and provide your evidence to support your version of events.
When disagreements over fault occur, legal action may become necessary to force the issue into court. In these cases, evidence becomes even more critical.
Statute of Limitations for Car Accident Claims in Kentucky
Kentucky law places a strict time limit on filing a lawsuit after a car accident. For most personal injury claims, you have two years from the date of the accident—or the date of the last PIP payment, whichever is later.
If you miss this deadline, your claim could be permanently barred. That’s why it’s important to act sooner rather than later if you're seriously injured. Even if you’re still receiving treatment, you can begin the legal process and preserve your rights.
Why Fault Matters for Property Damage
Fault also plays a big role in determining how vehicle repairs and replacements are handled. While PIP covers injuries, it doesn’t pay for damage to your car. If the other driver is clearly at fault, their liability insurance should cover your repair costs.
However, if the fault is disputed or shared, you may need to use your collision coverage and seek reimbursement later. Knowing who’s responsible can save you time, money, and stress during the repair process.
Contact Us When You’re Ready to Move Forward
At Wilson & McQueen PLLC, we help victims of car accidents in Lexington, Kentucky, and the surrounding areas—including London, Georgetown, Richmond, and Nicholasville—understand their rights and pursue compensation. If you’ve been injured in a crash and need guidance on fault, liability, or next steps, we’re here to assist you with trusted legal support. Contact us today to learn how we can help you move forward.