What are my legal rights in a car accident case? Unless there's evidence that the other driver intentionally caused the collision, the legal theory of negligence would be the basis of a car accident case where the victim (the plaintiff) sues the responsible party (the defendant) to obtain compensation for the injuries suffered. Depending on the facts, there could be multiple defendants if more than one party played a role in causing the accident. There may have been many vehicles involved, debris may have fallen off a truck or a poorly designed or maintained intersection was dangerous. Negligence lawsuits put the burden on the plaintiff to show: The defendant owed the plaintiff a legal duty (to drive reasonably in a reasonably safe vehicle. The defendant breached or violated that duty (the defendant ran a red light, was speeding or drove while intoxicated. That breach was the factual and legal (or proximate) cause of the accident and your injuries. Under Kentucky law, the defendant must provide you with compensation for the harm done.