People all across Kentucky commute for work. If you are one of these commuters, then you likely spend hours in your car every week. During these trips, you probably see countless drivers engaging in unsafe behaviors, from texting while driving to speeding.
Unfortunately, in the event of an accident with one of these unsafe drivers, most people never see it coming. This can make it a challenge to establish what went wrong and who is to blame. That said, it is certainly not impossible.
In minor crashes, determining what happened could be as simple as asking the parties involved. In serious collisions, though, people may not know what happened or they may not have survived the accident. To find these answers, interested parties can examine:
- Cellphone records (to determine if a driver was texting or otherwise using a phone while driving)
- Video recordings from dashboard or surveillance cameras in the vicinity
- Witness statements
- Accident reconstruction results
- Physical evidence like tire marks or points of contact
- Police reports
- Chemical test results (to determine if a driver was impaired)
- Logbooks (for commercial drivers to determine if fatigue may have been a factor)
Who is liable?
Once you have information on what happened, it can be easier to determine liability in a crash. If the evidence shows that a party was negligent or reckless, then he or she can be liable for damages.
It is important to note that multiple parties could be at fault in an accident, even the injured party.
In Kentucky, being partially at fault does not bar a person from collecting damages. In accordance with state negligence statutes, the courts will determine percentage of fault for each party; any award a person receives will be reduced by his or her percentage of fault.
Building a claim for compensation
Because of these financial implications, it is crucial to gather all the relevant evidence establishing how and to what extent another party was liable in a crash. This allows parties to pursue maximum compensation for their damages, so it can be wise to consult an attorney experienced in investigating serious accidents and navigating the legal system.