Motorcycle Accidents

Louisville Motorcycle Accident Lawyer

Negligent and distracted drivers are everywhere. They present a real danger to other drivers on the road, especially motorcyclists. Motorcycle riders face unique motorcycle injury risks on the road. A motorcycle is much smaller than any car or truck, and it can be more difficult to spot as a result. A rider is also virtually unprotected in the event of a collision, even if he or she is wearing a helmet and other protective gear and focusing on motorcycle safety. There is no steel frame nor front and side airbags to protect his or her body from impact. In fact, motorcyclists are 28 times more likely to suffer a fatal injury in traffic collisions than occupants of other vehicles, according to 2016 traffic accident statistics presented by the National Highway Traffic Safety Administration (NHTSA). When Louisville, KY motorcycle accidents occur, the resulting catastrophic injuries can be life-altering and may include traffic fatalities or other serious injuries such as road rash, soft tissue injuries, partial or complete paralysis, and head injuries, such as blunt force trauma.

Why Choose Our Firm

At Dolt, Thompson, Shepherd, Conway & Stanton, PSC, we are committed to advocating for injured riders and their families. Our personal injury law firm has more than 30 years of experience protecting our injured clients’ rights in complex personal injury claims involving motorcycle collisions across Kentucky. Our Louisville motorcycle accident lawyers know how to approach these cases with the attention to detail and care it takes to hold at-fault parties fully accountable. We are here to help you rebuild after a serious motorcycle accident and pursue full and fair compensation.

Our team of Louisville motorcycle accident attorneys has represented injured riders throughout Kentucky and has the experience and skill to handle your motorcycle accident case. Our experienced personal injury lawyers understand the challenges personal injury victims face after suffering serious injuries in motor vehicle accidents. If you have been wrongly injured in a motorcycle crash involving a car driver or any other vehicle, reach out to our law firm for legal support from our legal team of personal injury attorneys and personal injury lawyers who are committed to fighting for maximum compensation.

Contact an experienced Louisville motorcycle accident attorney from our team at (502) 244-7772 today for a free legal consultation.

What Causes Motorcycle Accidents?

Like any crash, a motorcycle accident may have one or more of various causes. It is important to determine exactly what contributed to a collision in order to determine fault and identify who should be responsible for paying for your medical expenses, lost earnings, and other losses. We accomplish this by working with investigators, accident reconstruction experts, and other professionals to gather evidence. Reviewing the police report or accident report can be helpful in some cases, but this is not a substitute for conducting a comprehensive investigation.

The following are examples of common causes of motorcycle wrecks involving cars, pickup trucks, SUVs, and commercial vehicles:

  • Texting while driving
  • Drunk driving or driving under the influence of drugs
  • Speeding or driving too fast for current road/weather conditions
  • Turning right into an oncoming motorcycle’s path
  • Failure to yield to a motorcyclist
  • Following too closely
  • Distracted driving
  • Failing to check blind spots
  • Defective motorcycle or auto parts
  • Negligently designed or maintained roadways

Common motorcycle accident injuries include traumatic brain injuries, spinal cord injuries, broken bones, brain injuries, and other devastating injuries that require medical treatment, physical therapy, and ongoing medical attention. Some injured riders also experience emotional distress and post-traumatic stress disorder following their accidents.

What if I am Being Blamed for the Motorcycle Crash?

Unfortunately, motorcycle accident victims have to deal with bias against motorcyclists. People have the impression that motorcyclists are thrill seekers who ride too fast, are reckless, ignore road safety rules, and are hard to see on the road. While this may be true in a very small percentage of cases, the unfortunate reality is that most crash victims in motorcycle accidents have to overcome these biases in the quest for justice.

If you were injured in a Kentucky motorcycle accident, the defendant’s insurance company may try to blame you for the accident in order to avoid responsibility for your injury. Under the rule of comparative negligence, if a victim is found partly responsible for the accident that caused their injury, this can reduce the amount they are entitled to recover in some cases. As a result, the at-fault driver’s insurer will often try to shift blame to reduce the financial compensation it must pay for medical costs and other losses associated with severe injuries.

Get legal support from a motorcycle accident attorney Louisville, KY residents trust.

How Much Time Do I Have to File a Motorcycle Accident Claim in Kentucky?

Under Kentucky law, you must file your claim within either one or two years of your motorcycle accident, depending on the circumstances of your case. It can take a lot of time to investigate your case, identify the legally responsible parties, and gather the evidence needed to prove liability. Also, keep in mind that accidents happen, and the defendant will try to deny responsibility for your injury, and its insurance company will also try to limit the amount of compensation that it pays. To give yourself the best chance of recovering full compensation, you should contact an experienced Louisville motorcycle accident attorney as soon as possible after your injury. An experienced attorney will be able to help you navigate the legal process and help ensure that your motorcycle claim is handled appropriately.

What Can I Expect if I Move Forward?

Contact us today to schedule a free consultation with our Louisville motorcycle accident lawyers and find out how we can help your case. During your free initial consultation, we will discuss your personal injury case, review your medical records, assess vehicle damage, and provide a preliminary assessment of whether we can help you seek compensation for any injury suffered on your part. We provide legal representation with a proven track record of success, and our legal knowledge helps us work effectively with medical professionals and insurance companies. Whether you’ve been involved in car accident while riding your motorcycle or sustained permanent injuries due to safety gear failure, we can use your medical documentation and other evidence to build a strong case for just compensation, including future medical expenses and potential wrongful death claim matters.

Frequently Asked Questions

Does Kentucky’s no-fault insurance system cover me if I’m injured on my motorcycle?

No, and this is a critical distinction most riders don’t know about. Kentucky’s no-fault Personal Injury Protection (PIP) system, which automatically covers up to $10,000 in medical bills and lost wages for car accident victims regardless of fault, does not apply to motorcycles. Under KRS 304.39-040 and KRS 304.39-060, motorcyclists are excluded from mandatory PIP coverage, which means you cannot collect first-party medical benefits from your own insurer the way car accident victims can, unless you separately purchased MedPay coverage on your motorcycle policy. If you didn’t buy that optional coverage, you’ll need to pursue the at-fault driver’s liability insurance directly for your medical bills and other losses, which is exactly why having an experienced attorney in your corner from the start matters.

Does it matter whether I was wearing a helmet when my accident happened?

It can, even if you were legally allowed to ride without one. Kentucky law under KRS 189.285 requires motorcycle operators or passengers under the age of 21 to wear a helmet, and operators who hold a permit or have had their license for less than a year are also required to wear one. Riders over 21 who have held their license for at least a year are not legally required to wear a helmet. However, legality doesn’t always align with how insurance companies assess your claim. If you were required to wear a helmet and didn’t, an insurance company or defense attorney may argue that your head injuries were worsened by that choice and try to use it to reduce your compensation. Even when helmet use was optional, they may still raise it as a factor. An attorney can push back against those arguments and make sure your recovery isn’t unfairly minimized.

Can I still recover compensation if I was partially at fault for the crash?

Yes. Under KRS 411.182, Kentucky follows a pure comparative fault rule, which means your degree of partial fault does not prevent you from recovering damages and your award is simply reduced by your percentage of fault. So if a jury determines you were 25% responsible for the accident and your total damages are $200,000, you would still recover $150,000. This is more favorable than many other states, where being even slightly at fault can bar you from recovery entirely. Insurance companies know this and will often try to inflate your share of the blame to lower their payout, which is another reason it’s important not to give a recorded statement or accept a settlement before speaking with a lawyer.

Is lane splitting legal in Kentucky, and could it affect my claim?

Lane splitting is not permitted in Kentucky. Under KRS 189.285(3), no motorcycle operator may pass another vehicle within the same lane or drive between lanes of traffic. The Kentucky State Police and the Kentucky Transportation Cabinet are both clear on this: lane splitting and lane filtering are not authorized, and a rider can be cited for improper operation of a motorcycle if caught doing it. If you were lane splitting at the time of your accident, the other driver’s insurance company will likely use it as evidence that you contributed to the crash. Under Kentucky’s pure comparative fault system, that could reduce the compensation you’re entitled to. If there’s any question about your lane position at the time of the accident, it’s important to get an attorney involved quickly so the facts can be investigated before evidence disappears.

What insurance coverage should I have on my motorcycle to protect myself if the at-fault driver doesn’t have enough coverage?

At minimum, Kentucky law under KRS 304.39-110 requires motorcycle policies to carry $25,000 per person and $50,000 per accident in bodily injury liability and $25,000 in property damage liability. Unlike other motor vehicles, motorcycles are exempt from the mandatory $10,000 personal injury protection coverage, but purchasing it is strongly recommended given how serious motorcycle injuries tend to be. Beyond the liability minimum, uninsured and underinsured motorist (UM/UIM) coverage is one of the most important protections a rider can have. If the driver who hit you has little or no insurance, your UM/UIM policy is what stands between you and absorbing catastrophic medical costs out of pocket. Kentucky insurers are required to offer this coverage, though riders can waive it in writing, which is a risk not worth taking.

Contact a Louisville Motorcycle Accident Lawyer for Help

If you have been injured in a motorcycle accident, you need an experienced motorcycle accident attorney in Louisville to protect your interests. While you are recuperating from your injuries, the insurance companies may try to rush you into a settlement to close your case. It would be a mistake to accept a settlement before speaking with your Louisville accident attorney to help you determine the extent of your damages. You may be entitled to compensation for your economic losses such as your lost wages and mounting medical bills, and non-economic losses such as your pain and suffering.

A personal injury attorney at Dolt, Thompson, Shepherd, Conway & Stanton, PSC can help you understand how Kentucky law applies to your case, and our Louisville personal injury lawyers can help you fight for the full compensation you deserve. Our firm offers a free case evaluations.

Let’s get to the bottom of your motorcycle accident and who is responsible. Call our Louisville motorcycle accident attorneys today at (502) 244-7772 and put decades of experience in your corner.

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