Partly at Fault? Kentucky's Pure Comparative Fault Rule

Kentucky uses pure comparative fault, meaning you can recover even if you were mostly to blame. Here is how it works and how insurers try to exploit it.

Pure comparative fault: recover even at 90% fault

Kentucky follows a 'pure comparative fault' rule. Unlike states that bar recovery once you are 50% or 51% at fault, Kentucky lets an injured person recover even if they were 90% responsible — their compensation is simply reduced by their percentage of fault. So a person 30% at fault for a $100,000 loss can still recover $70,000.

How fault gets assigned

In Kentucky, fault can be apportioned among everyone involved, including the plaintiff, multiple defendants, and sometimes non-parties. A jury (or the parties in settlement) assigns a percentage to each. This is why two sides can argue bitterly over seemingly small details — every percentage point changes the dollars.

How insurers weaponize comparative fault

Adjusters routinely try to shift blame onto the injured person to shrink the payout. They may argue you were speeding, distracted, jaywalking, or 'should have seen it coming.' Recorded statements are a favorite tool — an offhand 'I didn't see them' can be twisted into an admission of fault.

This is exactly why you should never give a recorded statement to the other driver's insurer before talking to an attorney, and why careful documentation of the scene matters so much.

Don't count yourself out

Many people assume that because they were partly responsible, they have no claim. In Kentucky that is simply wrong. If you were injured by someone else's negligence, you may still recover a substantial amount even if you share some blame.

A free case review can give you a realistic picture of how fault might be apportioned in your case. Call 973-566-5599.