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I was not wearing a seatbelt when I was struck by a car that failed to stop at a stop sign. I experienced some fairly significant injuries. Will this fact impact my case?

 



Lexington Personal Injury | Kentucky Motor Vehicle Attorney |

A:

Yes.  It will likely be raised by the insurance company when settlement discussions are first initiated with your lawyer and could become a bigger concern at trial. 

 

Under Kentucky law, if the jury determines that the party claiming injuries as a result of a motor vehicle accident has some degree of fault for the extent of their personal injuries (e.g. failing to wear a seatbelt), liability will then be determined by both parties respective degree of fault.  Geyer v. Mankin (Ky. 1998).  Essentially, the jury will have to make a determination on this issue.

 




Hurt, Crosbie & May serves clients in Kentucky, including the following areas:
Cities: Lexington, Nicholasville, Georgetown, Richmond, Winchester, Louisville, Frankfort, Lawrenceburg, Cynthiana, Mt. Sterling, Versailles, Paris, Stanton, Harrodsburg, Clay City, Wilmore, Berea.

Counties: Fayette, Jessamine, Scott, Jefferson, Madison, Franklin, Woodford, Shelby, Anderson, Clark, Mercer, Powell, Garrard, Bourbon, Montgomery, Spencer, Estill.

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