Motorcycles were involved in 1,460 crashes in 2020 in Kentucky. Although motorcycles represent only less than 1% of vehicles involved in accidents, they account for 7% of all fatal collisions. The statistics are not surprising since the only protection you have on a motorcycle is a helmet, if you choose to wear one.
Motorcycle crash injuries tend to be catastrophic, if not deadly. Lives change forever in a second. If this has happened to you or a member of your family, you may be able to hold a negligent party accountable.
At the Law Offices of John Schmidt & Associates, we are dedicated to helping individuals and their families struggling with injuries and death after motorcycle accidents. We help clients in Shepherdsville, Louisville, Radcliff, Elizabethtown, Mount Washington, and Jeffersontown, Kentucky find a way to move forward.
Insurance companies are motivated to deny and devalue claims against their insureds. After all, paying little or nothing to victims makes their bottom line more profitable.
Insurance adjusters and attorneys will work diligently to reduce or negate personal injury and wrongful death claims, especially when a motorcycle is involved. You can elevate your case by taking these steps:
Everyone using a Kentucky roadway is supposed to take reasonable care to keep others safe, no matter what type of vehicle they are operating. However, there are some state laws specific to motorcycles, including:
Lane splitting, which is operating a motorcycle between two lanes of traffic moving in the same direction, is a gray area under Kentucky law. No laws make lane splitting legal or illegal, so some motorcycle operators do it.
Kentucky is a choice no-fault auto insurance state. “Choice” means vehicle owners can opt out of the no-fault system so they can sue a person who causes a crash. Otherwise, those injured in accidents use their own insurance coverage to pay for medical treatment and other damages, unless they meet certain thresholds.
If the injury victim’s medical bills exceed $1,000 or the accident caused permanent disfigurement or injury, fractured a weight-bearing bone, or caused a compound, displace, or compressed fracture of any bone, or resulted in a permanent loss of any body function, the victim is still allowed to sue the negligent driver.
Kentucky is also a pure comparative fault state. If you are partially responsible for an accident, your financial recovery will be reduced proportionately. For example, suppose you are held 20% at fault and the other driver is 80% responsible. If a jury awards $20,000 to you, you would receive $16,000 because 20% of $20,000 is $4,000.
Sometimes, a loved one suffers such severe injuries they lack the mental capacity to pursue a personal injury claim. In this case, a family member can petition the court to be appointed a “next friend” or conservator to file a claim for the injured person.
If the person died due to crash-related injuries, the personal representative of their estate can file a wrongful death action. If the decedent had no will, the court appoints a representative, often a surviving spouse or adult child. The estate would receive any financial compensation which would then be distributed among its heirs.
Motorcycle operators are rarely given the benefit of the doubt in an accident. There is often an assumption that they are “wild” and do not drive with the care required by law. Furthermore, since there is no law specifically addressing lane splitting in Kentucky, insurance companies and their attorneys will use the act against a victim if they were lane splitting when the crash occurred.
An experienced and knowledgeable motorcycle accident lawyer like John Schmidt knows how to fight insurance companies with investigative reports, witness statements and deposition testimony, expert testimony, and evidence of liability.
The aftermath of a motorcycle crash can be overwhelming. At the Law Offices of John Schmidt & Associates, we know how to assemble the evidence that proves negligence, how to negotiate with insurance companies, and if necessary, how to deliver a compelling personal injury or wrongful death case to a jury. We don’t back down because we are representing you and your loved ones. Set up a consultation with us today in Shepherdsville to start the process.
