One of the leading causes of accidents in the US is right-of-way-related accidents, which contribute to traffic collisions and high fatalities. When drivers refuse or fail to yield the right of way for other vehicles, cyclists, or pedestrians as required by law, these accidents happen.
Understanding how right-of-way laws work, especially in each state, helps you gain knowledge about how liability in right-of-way accidents works if you get into one.
Although most states have similar right-of-way laws, there are some differences with these laws, like deciding fault. For example, Kentucky follows a pure comparative negligence system, like NC, MD, and VA, while MI and PA are no-fault states.
We’ll now talk about how right-of-way laws work in Kentucky and how they play a role in determining liability.
Key Right-of-Way Laws in Kentucky
Uncontrolled intersections: The first vehicle to arrive has the ROW. If two vehicles arrive simultaneously, the one on the right proceeds first, and the one on the left yields.
Turning left: Drivers turning left must yield to the vehicles going straight and turning right.
Roundabouts: Vehicles already circulating within the roundabouts have the priority, and other vehicles must yield to the ones in the circle.
Pedestrians: Drivers must yield to pedestrians when signaled in crosswalks and intersections. Pedestrians should obey signals as well.
Emergency vehicles: Drivers should yield to police, fire, and ambulance vehicles with flashing lights.
Garbage trucks: Solid waste collection vehicles have priority, and you should yield to them.
Establishing Fault Under Kentucky’s Right-Of-Way Laws
If the driver violated the right-of-way law while driving, they could be held liable for causing the accident, either fully or partially, depending on the shared negligence of other parties.
Key Factors in Establishing Fault
Violation of Traffic Laws: The primary reason is when the driver violates the established rules of the road.
Running Red Lights/Stop Signs: The driver who runs a stop sign or red light that leads to a right-of-way accident is generally considered at fault, as Kentucky law (KRS Chapter 189) requires drivers to stick with these traffic control devices for safety requirements.
Failure to Yield: If a driver failed to yield the right of way at an uncontrolled intersection, they are held accountable for most of the fault for causing the accident.
Does Right-of-Way Law Instantly Determine Fault?
Even though failing to yield the right of way can put someone at fault for causing the accident, total fault doesn’t fall upon them automatically.
Analyzing the nature of the accident and circumstances, such as road conditions, checking traffic footage, and witness evidence, if there was any.
Additionally, if any other party contributed to the cause of the accident, contributory negligence can be considered as well.
Pure Comparative Negligence Fault System of Kentucky
Kentucky follows a “pure comparative negligence” rule. The responsibility for the accident can be shared among multiple parties. This means:
- More than one driver can be assigned fault based on the degree of their negligence. This varying degree of negligence decides what percentage of fault each driver has. For example, one driver could be at 80% fault while the other is at 20%.
- An injured party can still recover damages if they’re still largely at fault. Even if the percentage of fault is 95%, you can still get compensation, but it is reduced by the percentage of blame.
- Insurance companies and courts use this system to equally distribute financial responsibility for multi-fault right-of-way accidents.
Kentucky’s Choice No-Fault System
Under Kentucky’s choice no-fault system, you can initially use your own insurance, which can cover your medical bills and lost wages regardless of who’s at fault.
You can then get out of no-fault and sue the at-fault party for all the damages, only if your injuries meet specific criteria:
- Bills over $1000
- Broken bone
- Permanent disfigurement
Key Takeaways
- Understand how right-of-way rules work in Kentucky, which states that the first vehicles to arrive at an intersection and vehicles going straight have priority to proceed first.
- If the driver violated traffic law by running red lights and failed to yield the right of way, they’re at fault.
- The entire fault isn’t automatically assigned to the driver; factors like evidence and contributory negligence of other parties are considered.
- Depending on the percentage of fault of the driver who caused the accident, the same percentage of compensation is reduced in their claim.
- Kentucky’s law allows one to use their insurance at first and then get out of no-fault for some criteria to sue.
Apart from that, if you want to know more about Why Garbage Trucks Pose Unexpected Roadway Risks then visit our Accidents Law category.
