The investigation will allow your lawyer to identify all of the negligent parties that could have contributed to the crash. In some instances, more than one party could be responsible for what happened to you.
Your attorney will also handle all communication with the insurance company representatives and will work to negotiate for a fair settlement that will help you pay your medical bills, recover lost wages, and move on with your life. You should avoid speaking with any insurance company representatives until you have a lawyer. If the insurance company fails to offer adequate compensation for the accident, your attorney can file a lawsuit on your behalf.
Attorney Paul Baker is admitted to the United States District Court for the Western District of Kentucky and all state courts in Kentucky. He is a member of the Kentucky Bar Association, American Bar Association, and Louisville Bar Association. Paul Baker and the aggressive trial lawyers on his team have the experience you need on your side if you’ve been hurt in a motorcycle wreck. We know how to negotiate with insurance companies to seek the full amount of compensation you are owed, and we are not afraid to take your case to court if necessary.
Why Motorcycle Accident Claims Can Be More Complicated Than Car Accident Claims
In the event of a crash, motorcycle riders are often thrown from the vehicle, causing more severe injuries than those suffered by the occupants of passenger cars and trucks.
Some commonly reported injuries riders and passengers of motorcycles suffer in accidents include:
Some of the most common causes of motorcycle crashes in Kentucky include:
- Left Turn Accidents — According to the National Highway Traffic Safety Administration, 36% of all accidents occur during a turn or in an intersection. Because motorists tend to accelerate when making left turns, the impact of a collision could be greater, causing more severe injuries and property damage.
- Lane Change Accidents — Drivers and Truck drivers may strike motorcyclists traveling in the same direction when they fail to do “shoulder checks” and check for motorcycles in their blind spots.
- Rear-End Accidents — Even low-speed collisions can throw motorcyclists from their bikes, so drivers must be alert at all times and give themselves enough room to come to a safe stop when driving behind a motorcycle.
- Drunk or Drugged Driving Accidents — A motorist who is under the influence of alcohol or a controlled substance is more likely to commit any one of a number of errors that could lead to a serious injury accident.
- Distracted Driving Accidents — Texting, talking on the phone, eating, grooming, and other types of in-vehicle distractions can lead to catastrophic accidents.
- Drowsy Driving Accidents — If a driver is tired, they are more likely to misjudge the distance and speed of other vehicles on the road. They may struggle to stay awake, and even closing their eyes for a few moments could result in an accident.
Some motorcycle crashes do not involve other vehicles. Defective motorcycle parts and design flaws are a few examples. Another example is poorly maintained roadways that could cause a serious injury accident. When a motorcycle rider is hurt due to negligence on the part of a manufacturer or government entity, they have the right to take legal action against the responsible party.
Helmet Laws in Kentucky
Under Kentucky Revised Statute § 189.285(3), a person is required to wear a helmet when riding a motorcycle in Kentucky if they:
- Are under 21 years of age and are operating a motorcycle or are a passenger on a motorcycle or in a sidecar attachment.
- Possess a motorcycle instruction permit and are operating a motorcycle.
- Have a valid motorcycle operator’s license, or combination motor vehicle-motorcycle operator’s license for less than one year.
For all other motorcyclists, helmets are optional. Insurance companies frequently attempt to deny or minimize claims for victims who were not wearing helmets. The insurance company may argue that a motorcyclist’s failure to wear a helmet was the direct cause of their injuries, but this argument ignores the negligence of the other party who actually caused the crash. Motorcyclists who were wearing the type of headgear recommended by the Transportation Cabinet can still suffer severe injuries in the event of an accident.
Our attorneys won’t let insurance companies get away with shifting the blame to a motorcycle rider who wasn’t wearing a helmet when responsibility for the crash lies with the company’s insured.
Compensation for Injuries in a Motorcycle Accident
Motorcyclists who are injured as the result of another driver’s negligence frequently suffer serious injuries that require several months or years of medical care. Many victims face profound difficulties returning to work or being able to maintain gainful employment.
Our personal injury lawyers are ready to fight for a fair settlement to your case. Many insurers will try to claim that the motorcycle rider was somehow at fault for the crash, but an experienced lawyer will be able to show that the other driver was liable for the collision. Through negotiation, your attorney will seek a fair settlement to help you recover compensation that will help you pay your bills, replace damaged property, and move on with your life.
Should your case go to trial, you will have to prove the defendant’s negligence by a preponderance of the evidence. That is, you must show that the defendant was more likely than not responsible for your injuries. Once you have successfully met this burden of proof, the jury could award you compensatory damages. In most cases, compensatory damages involve both economic damages and non-economic damages.
Economic damages are readily quantifiable past or future losses. Non-economic damages are usually more subjective and are more difficult to quantify.
Economic damages frequently include medical expenses, lost income, and property damage. Common non-economic damages include disability or disfigurement, pain and suffering or even the effects suffered by a family as a result of the victim’s injury.
In rare cases, a jury could also award punitive damages. Under Kentucky Revised Statute § 411.184(2), punitive damages can only be recovered by the injured party proves by “clear and convincing evidence” that the at-fault party acted in an oppressive, fraudulent or malicious manner. This is a much tougher burden of proof which requires a higher degree of certainty.
In other words, punitive damages are intended to punish defendants for reckless conduct and discourage others from acting in the same manner.
Filing for Disability Benefits After a Motorcycle Crash in Kentucky
Motorcycle crashes often result in life-changing injuries. Some people are permanently unable to return to work and may be entitled to Social Security Disability Insurance (SSDI) benefits.
A motorcycle accident victim must be unable to work for at least 12 months to be eligible for SSDI benefits. In many cases, the simplest path toward approval for benefits involves being diagnosed with a condition included among the list of impairments found in the Social Security Administration (SSA) “Blue Book.”
Many people who apply for SSDI benefits experience problems proving that their disabling condition will result in at least a year of being out of work. Some motorcycle accident victims face multiple years of being out of work and should be able to receive these benefits.
The Paul Baker Law Office has helped thousands of individuals all over Kentucky obtain SSDI benefits. Paul Baker has been licensed to practice law since 1972.
Our firm has decades of experience handling SSDI claims and understands what is necessary to secure the benefits you deserve. We can help you with your SSDI application, or help you appeal a decision if your application has already been denied.
How Much Does It Cost to Hire a Motorcycle Accident Lawyer?
Motorcycle accident victims are often left to deal with rapidly mounting medical expenses. On top of this, they are often faced with extensive damage to their motorcycle that can be difficult to pay for without assistance.
For these reasons, it is crucial that you contact an experienced motorcycle lawyer for help. You have the right to seek full and fair compensation after an accident that was not your fault, and an attorney can help you go after it.
The Paul Baker Law Office represents all clients on a contingency fee basis. This means that you pay us nothing unless and until you receive a financial award at the conclusion of your case.
Our firm covers all costs relating to your legal action upfront and will only collect a percentage of your final award. That means you never pay us legal fees out of your pocket.
How Long Do You Have to File a Motorcycle Accident Claim in Kentucky?
Kentucky Revised Statute § 413.140(1)(a) states that there is a one-year statute of limitations on claims for personal injury. If you’ve been hurt in a motorcycle accident, your time to file a claim is limited.
The statute of limitations does not allow a person much time to ponder whether to take legal action. With motorcycle crashes, swift action is necessary to make sure that justice is served and that you can pursue the compensation you’re owed.
The statute of limitations in Kentucky is also one year for wrongful death and product liability actions, and two years for property damage claims. The attorneys at the Paul Baker Law Office can make sure that these legal claims are filed in time.
