KENTUCKY AUTO INSURANCE GUIDE

Kentucky Pure Comparative Fault & Crash Liability

Kentucky follows pure comparative fault. Under KRS 411.182, the trier of fact allocates percentages of fault and the claimant’s damages are reduced according to the claimant’s percentage of responsibility rather than being barred at a 50% or 51% threshold.

  • A claimant may recover despite being more than 50% at fault, subject to proportional reduction.
  • Fault is allocated among parties and qualifying released persons under the statute.
  • A release generally reduces claims against others by the released person’s equitable share unless the agreement provides otherwise.
  • Preserve evidence relevant to causation and allocation from the beginning of the claim.

Primary Kentucky Source

KRS 411.182 — Allocation of Fault

Current-law review: September 17, 2026. Kentucky does not use a 50% or 51% comparative-fault bar.