Motorcyclists can be at the mercy of other drivers. When a distracted minivan pulls in front of a bike, the minivan is usually fine. It's the bike (and its rider) that pays the price.
At Edwards & Kautz Law Firm, we understand the frustration bikers feel and fight hard to get riders the compensation they deserve after an accident.
Table of Contents: How Our Kentucky Motorcycle Accident Lawyers Can Help You; Do I Need To Wear A Helmet In Kentucky?; Many Drivers Don't Look For Motorcycles; The Dangers Of Bad Road Conditions; Proving Negligence In A Motorcycle Accident Case; Frequently Asked Questions We Get From Kentucky Motorcyclists; Get In Touch With An Experienced Kentucky Motorcycle Accident Attorney Today
How Our Kentucky Motorcycle Accident Lawyers Can Help You
Medical bills pile up quickly after a motorcycle accident, and lost wages can leave you feeling financially insecure. Insurance companies often try to settle claims quickly and for less than you deserve, adding another layer of stress to your already challenging situation. With the damages on the line and the liability disputes that arise in a typical motorcycle accident case, you are better off hiring an experienced motorcycle accident lawyer.
We believe you shouldn't settle for anything less than what you deserve after suffering motorcycle accident injuries. Some of the key legal aspects of your motorcycle accident claim that our dedicated motorcycle accident lawyers can assist with include: Determining fault; Proving negligence; Accident reconstruction; Negotiating with insurance companies; Building a strong case; Courtroom representation.
Our dedicated legal team understands the unique challenges riders face in McCracken and surrounding counties. With over 150 years of combined experience, our skilled motorcycle accident attorneys have secured millions in settlements for different motorcycle accident claims.
Do I Need To Wear A Helmet In Kentucky?
Most motorcyclists in Kentucky are not legally required to wear a helmet when they ride. The only groups of people required to wear a helmet are: Motorcyclists and passengers who are under 21 years of age; Riders who are operating under a motorcycle instruction permit; Riders who have had their motorcycle license for less than one year, regardless of age.
If you fall into one of these categories, you can be cited and fined. In some cases, your license to operate your motorcycle may even be suspended.
Even if you do not fall into one of these categories, wearing a DOT-approved helmet is still highly recommended for your safety. In addition, wearing a motorcycle helmet can also protect you from allegations of comparative negligence if you are involved in a crash. Under Kentucky's pure comparative negligence system, you would not be entirely barred from making a personal injury claim unless you were 100% at fault for the wreck, but your compensation would be reduced by your share of the liability you are assigned. For example, if the court determines that not wearing a helmet made you 40% responsible for the TBI you suffered in a crash, a $100,000 award would be reduced to only $60,000.
Many Drivers Don't Look For Motorcycles
According to the National Transportation Safety Board, people are 27 times more likely to get in an accident on a motorcycle than in another type of vehicle. One reason for that discrepancy is that motorcycles are hard to see. A car or truck driver who hits a motorcyclist may be responsible even if they did not see the cyclist.
The Dangers Of Bad Road Conditions
Bad roads, like potholes, oil slicks or ruts, that cause minor problems for car drivers can be deadly for cyclists. Hazards on the road should be marked by the highway department. If they are not clearly marked (or not marked at all), an accident may be the fault of the highway department.
Proving Negligence In A Motorcycle Accident Case
Recovering compensation after a motorcycle accident requires proving another party's negligence caused injuries. Proving negligence involves establishing four critical legal elements: Duty Of Care; Breach Of Duty (texting, failing to signal, running red lights, DUI, not checking for motorcycles, tailgating); Causation; Damages (medical expenses, lost wages, property damage, pain and suffering).
Frequently Asked Questions We Get From Kentucky Motorcyclists
Q: What should you do immediately after a motorcycle accident in Paducah? — Call 911, move to a safe location, do not discuss fault, let police facilitate info exchange, take photos, get witness contacts, obtain medical treatment and reach out to an attorney before speaking to insurance.
Q: What are Kentucky's motorcycle accident laws? — Kentucky is a pure comparative negligence state; lane splitting is illegal; helmets mandatory for riders under 21 or with less than one year experience; one-year statute of limitations generally.
Q: How is fault determined in a motorcycle accident? — Fault is determined by examining evidence (police report, witness statements, photos, footage, reconstruction expert testimony); compensation reduced by percentage of fault.
Get In Touch With An Experienced Kentucky Motorcycle Accident Attorney Today
If you or someone you know was in a motorcycle accident, contact Edwards & Kautz Law Firm. Call 270-442-9000 or write to us online.
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Practice Areas
- Car Accidents (Trucking Accidents, Motorcycle Accidents, Maritime Law/River Accidents)
- Personal Injury (Slip-And-Fall Accidents, Dog Bites, Nursing Home Neglect And Abuse, Insurance Claims)
- Types Of Injuries (Neck And Back Injuries, Shoulder Injuries, Broken Bones, TBI)
- Criminal Defense (Drug Charges, DUI, Federal Defense, Violent Crimes)
- Workers' Comp
- Medical Malpractice
- Social Security Disability