People who live near the Indiana-Kentucky border may go back and forth between the two states on a regular basis, which means they’re at risk of being involved in a crash in either state. These two states have very different negligence laws, so the way these cases are handled wouldn’t be the same.
If you’re someone who travels in both states, understanding some of the differences may be beneficial.
Indiana laws
Indiana uses a fault-based system for car crash claims. This means that the driver who caused the crash would be held liable for damages that occur. The state also uses a modified comparative fault rule to determine what happens if there’s a shared responsibility between the victim and the defendant. In Indiana, recovery is barred if the victim is more than 50% at fault. If they receive an award, their award would be reduced by the percentage of fault assigned to them.
Kentucky laws
Kentucky is a no-fault state, which means that each party’s insurance would handle their own party’s damages. There are limits to this, so it’s sometimes possible that a person could seek compensation for their injuries if they’re catastrophic. The ability to do this would also depend on insurance elections. Kentucky uses pure comparative negligence, which means victims can recover damages as long as they are less than 100% at fault. The damages they recover are reduced by their percentage of fault.
Things that apply to both states
Some steps are important, regardless of where the crash occurs. You should always get a police report and seek medical attention. Getting witness contact information and taking photos of the scene might also be beneficial.
Victims of crashes may opt to pursue a claim for compensation, but they’ll likely need to focus on healing from their injuries. Time is limited for these claims, based on state law. In Indiana, you have two years to file. In Kentucky, you have one year to file. Working with someone familiar with these matters is critical because they can take state-specific laws into account as they plan each aspect of the case.
