How Fault Is Determined in a Kentucky Car Accident

• Insurance adjusters make the first call. Each insurer investigates and assigns fault percentages, often using claims software. See how insurers value claims.
• A jury decides if the case goes to trial, assigning a percentage of fault to each party (KRS 411.182).
• The police officer doesn’t decide civil fault. The report is evidence, and an officer who didn’t see the crash is often relying on what drivers said.

• The crash report and any citations. See how to get a Louisville accident report.
• Photos and video: dashcams, phones, businesses, doorbells and TRIMARC cameras. See dashcam footage.
• Vehicle damage, which shows the angle and force of impact
• Event data recorders that store speed and braking. See accident reconstruction.
• Witness statements
• Phone records in distracted driving cases. See distracted driving.

Our guide to evidence to preserve after an accident lists what to save.

• Rear-end crashes: drivers may not follow more closely than is reasonable and prudent (KRS 189.340). See rear-end collisions.
• Intersections and left turns: turning and right-of-way rules (KRS 189.330). See left turn accidents and T-bone accidents.
• Lane changes and merging: see lane change accidents.
• Parking lots: see parking lot accidents.
• Pileups: see multi-vehicle pileups.

More rules are collected in our Kentucky traffic laws guide.

Kentucky uses pure comparative fault: your share of fault reduces your recovery but doesn’t bar it (KRS 411.182). If a jury finds your damages are $100,000 and you were 20% at fault, you can recover $80,000. Even if you were mostly at fault, you can still recover the share caused by the other driver. See Kentucky’s pure comparative fault rule and what to do if you were partly at fault.

Sometimes the at-fault driver says they blacked out, had a seizure, or had a heart attack or diabetic episode behind the wheel. It happens. Kentucky State Police counted 692 collisions in 2024 where a driver lost consciousness or fainted, 16 of them fatal, plus 234 involving a sick driver and 149 involving medication.

Kentucky still recognizes a “sudden emergency” argument in some cases (Regenstreif v. Phelps, 142 S.W.3d 1 (Ky. 2004)). Insurers use it to argue their driver couldn’t have prevented the crash. But the defense has real limits, and it often fails when:

• The driver had warning signs, such as dizziness, chest pain or low blood sugar, and kept driving.
• The driver had a known condition, such as epilepsy, uncontrolled diabetes or sleep apnea, and ignored doctor’s orders or driving restrictions.
• The driver skipped prescribed medication, or took medication that warns against driving.
• The “emergency” was really distraction, impairment or fatigue.

Proving this means getting the driver’s medical and pharmacy records, the treating doctors’ notes and any prior episodes, usually through a lawsuit. Truck drivers must also have a valid DOT medical certificate. See truck driver medical cards and sleep apnea. Either way, your own PIP benefits pay medical bills and lost wages regardless of fault (see how Kentucky PIP works).

Unless you rejected it in writing, your own PIP (personal injury protection) coverage pays up to $10,000 of medical bills and lost wages regardless of fault. See how Kentucky PIP works. To recover pain and suffering from an at-fault driver, Kentucky’s no-fault law generally requires more than $1,000 in medical expenses, or an injury such as a fracture, permanent injury, permanent disfigurement or permanent loss of bodily function (KRS 304.39-060).

1. Don’t apologize or guess about fault at the scene.
2. Photograph everything and get witness names.
3. Get the report and check it for errors.
4. Be careful with recorded statements. See recorded statements.
5. Talk with a lawyer if the insurer blames you.

Most Kentucky motor vehicle injury claims must be filed within two years of the crash or the last PIP payment, whichever is later (KRS 304.39-230). Use our statute of limitations calculator.