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Kentucky Laws and Regulations You Need to Know Before Filing a Motorcycle Accident Lawsuit

On Behalf of | Oct 7, 2015 | Motorcycle Accidents |

If you operate a motorcycle in the state of Kentucky, you should be aware that a failure to obey Kentucky motorcycle laws could severely affect the outcome of a lawsuit if you are involved in an accident. Even if you are not technically at fault in a motorcycle accident, being in violation of Kentucky motorcycle laws or regulations could prevent you from collecting the maximum compensation available to you for your injuries or property damages–or even make you fully liable. If you are involved in a motorcycle accident, it is essential that you retain the services of a qualified and experienced motorcycle accident attorney. Some of the laws and regulations governing the operation of motorcycles in Kentucky are better known than others, and they are susceptible to being changed or amended. It is important to keep up-to-date with current Kentucky motorcycle laws and to understand how they might affect you in case you are involved in a motorcycle accident that leads to a lawsuit:

  • Helmet Laws – Kentucky has what is known as a “partial motorcycle helmet law,” meaning that only certain riders are required to wear a helmet. Currently, the law only requires a rider to wear a helmet if they are age 20 or younger.Some riders choose not to wear helmets as a matter of personal freedom or comfort. However, wearing a helmet can improve your chances of receiving compensation in a personal injury claim because it can show that you were attempting to avoid injury. Not wearing a helmet is considered a valid reason to increase your percentage of liability and to limit your compensation because you made a choice that resulted in otherwise preventable injury.
  • Red Light Regulations – A new law took effect in Kentucky as of July 2015 that allows motorcycle riders to pass through a red light after coming to a complete stop and waiting at least two minutes for the light to change.The law was prompted by the inability of many traffic-light sensors to recognize when a motorcycle is waiting at an intersection. In an accident lawsuit, if it can be shown that you did not fulfill either of the regulation’s requirements, you might be found liable and denied compensation. If you are in a motorcycle accident involving a red light, try to obtain contact information from any eye-witnesses who can verify that you came to a complete stop and waited the full two minutes. Verification can further your case tremendously.
  • Eye Protection – Motorcycle operators are advised to wear approved eye protection devices such as goggles and face shields. Failure to do so could affect your liability and compensation. If you are in an accident, and your eyes or face are injured because you were not wearing protection, it may be seen as a “preventable injury” that you did not take steps to prevent.
  • Statute of Limitations – If you have been injured in a motorcycle accident in Kentucky, an injury claim must be filed within two years of the date of the injury. You must also have filed an accident report at the time of the injury to prove that date.After a motorcycle accident, if you are able, call 911 immediately to both file a report and request medical assistance. You should always go to the doctor after an accident, even if you feel fine. Your body could be in shock. After calling the authorities, contact a motorcycle accident attorney who can help you evaluate your case.

There are always possible exceptions and mitigating circumstances to these laws in the event of a lawsuit. To ensure that you are fully compensated for your injuries and damages to your property, contact a motorcycle accident attorney in Kentucky who is familiar with Kentucky motorcycle laws and their exceptions and applications. If you have been in a motorcycle accident in Kentucky, contact Edwards & Kautz Law Firm at 270-908-4914 to schedule a free legal consultation with one of our experienced motorcycle accident attorneys.

*Photo By Sporty driver via Wikimedia Commons