The moments after a car crash are disorienting. You are likely dealing with injuries, a damaged vehicle, and the sharp sting of adrenaline. This anxiety can become much worse if you realize you were speeding when the collision occurred.
It is a common belief that if you were breaking any traffic law, you automatically lose your right to seek compensation. Many drivers in this situation assume, "I was speeding, so it must be my fault. There is nothing I can do."
In the Commonwealth of Kentucky, this assumption is false.
Even if you were ticketed for speeding, you may still have a valid personal injury claim and be able to file a car accident lawsuit. The law in Kentucky is more nuanced than a simple all-or-nothing blame game. This article explains how fault is divided, how speeding impacts your claim, and what steps you must take to protect your right to compensation.
The Short Answer: Yes, You Can Still Sue if You Were Speeding in Kentucky
The simplest answer is yes. You are not automatically barred from recovering damages just because you were traveling over the speed limit.
In any car accident, liability hinges on negligence. To have a case, you must prove that the other driver was also negligent and that their negligence was a significant factor in causing the crash and your injuries.
Consider these scenarios:
- You were driving five miles per hour over the speed limit when another driver ran a red light and T-boned your vehicle.
- You were speeding in the left lane when another driver made an improper and unsafe lane change directly into your car without signaling.
- You were traveling slightly above the speed limit when a drunk driver crossed the center line and hit you head-on.
In all these examples, while your speed might be a contributing factor, the other driver's actions were the primary cause of the collision. Kentucky's legal system is designed to handle this exact type of shared fault.
A Deeper Look at Kentucky Comparative Negligence Law
The most important concept to know is Kentucky's pure comparative negligence statute, found in KRS 411.182. This law governs how fault is assigned in a personal injury case.
Many states use a "contributory negligence" system, where if you are found to be even 1% at fault, you are completely barred from recovering any money. Other states use "modified comparative negligence," where you are barred from recovery if your fault level reaches 50% or 51%.
Kentucky is different. Our system is one of the most favorable for injured plaintiffs.
How Pure Comparative Negligence Works in Practice
Under pure comparative negligence, you can recover damages no matter your percentage of fault. Your total compensation award is simply reduced by an amount equal to your assigned percentage of fault.
This means a judge or jury will:
- Listen to all the evidence from both sides.
- Determine the total dollar amount of your damages (medical bills, lost wages, and pain and suffering).
- Assign a percentage of fault to every party involved, including you.
- Reduce your total damage award by your percentage of fault.
Even if you are found to be 90% responsible for the crash, you can still technically recover 10% of your damages from the other party.
Example of a Shared Fault in a Kentucky Car Accident Scenario
Let’s put this into practice.
- The Accident: You are driving 45 mph in a 35 mph zone. A truck ahead of you suddenly slams on its brakes to make an illegal U-turn, and you rear-end the truck.
- Your Damages: You suffer a broken wrist and severe whiplash. Your total damages are calculated to be $100,000.
- The Fault Determination: After reviewing the evidence, the jury decides your excessive speed made it harder for you to stop in time. They assign you 30% of the fault. However, they determine the truck driver's illegal and dangerous maneuver was the primary cause, assigning the truck driver 70% of the fault.
- Your Compensation: You would be entitled to recover $70,000.
- $100,000 (Total Damages) - 30% (Your Fault) = $70,000 (Your Recovery)
This system is the reason why a speeding ticket does not end your case. The central question is not if you were at fault, but how much you were at fault compared to the other driver.
How Speeding and Fault in a KY Car Accident Are Determined
If your case is not barred, the next step is the "fault determination" process. This is the battleground where your attorney and the other driver's insurance company will argue over those percentages. The insurance adjuster's goal is to place as much blame on you as possible to reduce their payout.
A Speeding Ticket Is Not a Final Judgment on Liability
First, it is important to know that a speeding ticket (a traffic citation) is not the same as a civil liability judgment. Your speeding ticket is a separate matter. The ticket is evidence that you were likely speeding, but it does not automatically mean your speed caused the crash.
An experienced car accident lawyer in KY can often argue that your speed, while against the law, was not the proximate cause of the collision. The proximate cause is the actual or direct reason the accident happened. If another driver runs a stop sign, their failure to yield is the proximate cause, even if you were speeding.
Proving Negligence When You Were Also Speeding
To build a strong case, your attorney will work to minimize your fault percentage while maximizing the other driver's. This is done by gathering extensive evidence of their negligence.
Evidence used to establish the other driver's fault includes:
- Accident Reconstruction: Experts can analyze skid marks, vehicle damage, and crash-site data to recreate the accident and determine the speeds and actions of both drivers.
- Witness Testimony: Independent witnesses who saw the other driver run a red light or weave recklessly can be powerful assets.
- Traffic and Security Camera Footage: Video evidence is often the most objective and compelling proof of what truly happened.
- Cell Phone Records: If there is suspicion of distracted driving, your attorney can subpoena phone records to see if the other driver was texting.
- Police Report: While not the final word, the officer's diagram, narrative, and any citations issued to the other driver are a strong starting point.
The goal is to paint a complete picture showing that, despite your speed, the other driver's negligence was the larger and more direct cause of your injuries.
The "Serious Injury" Threshold: Kentucky's No-Fault Insurance Law
There is another major piece of Kentucky's car accident law that you must know: the no-fault system.
Kentucky is a "choice no-fault" state. This means that when you buy car insurance, you are automatically covered by Personal Injury Protection (PIP). This PIP coverage pays for your first $10,000 in medical expenses, lost wages, and related costs, no matter who was at fault.
If you were speeding and crashed, your PIP insurance pays for your initial medical bills.
How Does PIP Affect My Lawsuit?
Because your insurance covers your first $10,000 in damages, you cannot sue the at-fault driver for those costs. You can only file a Kentucky motor vehicle accident lawsuit against the other driver for damages in excess of your PIP coverage.
More importantly, you can only sue for non-economic damages (like pain and suffering) if your injuries meet a certain "threshold."
Meeting the Threshold to File a Lawsuit
Under Kentucky law (KRS 304.39-060), you can only step outside the no-fault system and file a bodily injury claim for pain and suffering if your injury results in:
- Medical expenses that cost more than $1,000;
- A broken bone (fracture);
- Permanent disfigurement;
- Permanent injury; or
- Death.
Given the high cost of emergency room visits and medical care, the $1,000 threshold is met in most significant accidents.
Even if you were speeding, as long as your medical bills from the crash exceed $1,000, you have the right to file a lawsuit against the at-fault driver for your pain and suffering, as well as any medical costs and lost wages that go beyond your $10,000 in PIP coverage.
How Speeding Affects Compensation and Your Kentucky Car Accident Settlement
This is where all the pieces come together. Your speeding directly impacts the final dollar amount of your settlement or verdict from a Kentucky car accident.
What Are Kentucky Personal Injury Damages?
When you file a lawsuit, you are seeking compensation for all your losses. These are divided into two main categories:
- Economic Damages: These are your specific, calculable financial losses.
- All medical bills (past and future)
- Lost wages from time missed at work
- Diminished future earning capacity
- Vehicle repair or replacement
- Out-of-pocket costs (e.g., prescriptions, transportation)
- Non-Economic Damages: These are intangible losses related to your quality of life.
- Pain and suffering
- Emotional distress
- Loss of enjoyment of life
- Loss of consortium (damage to your relationship with your spouse)
How Insurance Adjusters Use Speeding Against You
You can be certain that the at-fault driver's insurance adjuster will use your speeding against you. They will find the speeding citation on the police report and immediately assign you a high percentage of fault—sometimes 50% or more.
They might call you and say, "Our investigation shows you were speeding, so we have determined you are 50% at fault. We can offer you 50% of your medical bills."
Do not accept this initial assessment. This is a negotiation tactic, not a final legal judgment. The adjuster's job is to pay you as little as possible.
Why a Kentucky Car Accident Attorney Is Essential for a Speeding Accident Claim
This is precisely why you need a skilled Kentucky personal injury lawyer. An attorney's job is to fight back against that lowball offer.
Your lawyer will:
- Conduct an Independent Investigation: They will not rely on the police report alone. They will gather the evidence mentioned earlier (experts, video, witnesses) to build your case.
- Challenge Your Fault Percentage: They will argue that your speed was a minor factor compared to the other driver's recklessness, working to lower your fault percentage from 50% down to 20%, 10%, or even 0%.
- Handle All Communications: They will stop the insurance adjuster from contacting you and pressuring you into a bad settlement.
- Accurately Calculate Your Damages: They will work with medical and financial experts to determine the full value of your claim, including future medical needs and lifetime pain and suffering, not just your current bills.
The difference between a 50% fault assignment and a 20% fault assignment can mean tens or even hundreds of thousands of dollars in your pocket.
Don't Wait: The Kentucky Personal Injury Claim Statute of Limitations
If you have been injured, you do not have an unlimited amount of time to act. The statute of limitations is a strict legal deadline for filing a lawsuit.
In Kentucky, the deadline for most personal injury cases is just one year from the date of the injury (KRS 413.140).
However, car accident cases involving the no-fault (PIP) system are more complex. The deadline is typically two years from the date of the accident or two years from the date of your last PIP benefit payment, whichever is later.
This "floating" deadline can be confusing and is a common trap for people who try to handle their own claims. If you miss this deadline, your case is permanently barred, and you get nothing. It is absolutely essential to speak with an attorney long before this deadline approaches to ensure your rights are protected.
Need Legal Help? Brandon J. Broderick, Attorney at Law, is One Phone Call Away
Do not let a speeding ticket convince you that you have no options. If another driver's negligence caused your injuries, you have the right to hold them accountable. Under Kentucky's pure comparative negligence law, you can still seek significant financial compensation for your medical bills, lost income, and suffering.
But you cannot do it alone. You need a Kentucky car accident attorney who understands how to navigate the complexities of shared fault, challenge insurance company tactics, and maximize your recovery.
At Brandon J. Broderick, Attorney at Law, we have the experience and resources to build a powerful case on your behalf. We will conduct a thorough investigation to prove the other driver's liability and fight to minimize any fault assigned to you. Your focus should be on your recovery; our focus will be on getting you the justice and compensation you deserve.
Contact us today for a free, no-obligation consultation to discuss your case. We are available day or night to assist you.