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Kentucky Motorcycle Accident Lawyer
If you’ve been in a motorcycle accident, you may have some questions. Mike Schafer, “The Lawyer Who Wrote The Book”, and the attorneys at The Schafer Law Office have the answers!
- What To Do After Your Motorcycle Accident In Kentucky
- Are Insurance Claims Different For Kentucky Motorcycle Accidents?
- Who is Obligated to Pay for Repairs on my Motorcycle after an Accident in KY?
- How to Ride a Motorcycle Safely in Louisville, KY
- Causes of Motorcycle Accidents in Louisville, KY
- Motorcycle Accident Settlements in Louisville, KY
- Kentucky Motorcycle Accident FAQ
- Contact an Expert Motorcycle Attorney in Louisville, Kentucky
What To Do After Your Motorcycle Wreck In Kentucky
If you’ve been injured in a motorcycle wreck in Kentucky, if you’re able, call 9-1-1 to report the accident. Police will come to the accident scene and file an accident report. While you’re waiting for the police, try and gather as much information from the accident scene as possible. Get the other party’s name, phone number, address, license plate number, and make and model of their car. Also, take pictures of the accident scene, damage to your motorcycle, other vehicles involved, license plate numbers, and people involved in the accident. Only gather information and take pictures if you are able and it is safe to do so. Do NOT put your life at risk.
After the police have filed their report, please go to the doctor as soon as you can. That way, you can get treated for your injuries. If you feel that legal action is necessary, you should consult with a Kentucky motorcycle accident attorney. They will help you gather any evidence that will help your case. They will also make sure that the evidence isn’t destroyed.
Are Insurance Claims Different For Kentucky Motorcycle Accidents?
In most situations, there is no Personal Injury Protection (PIP) or No-Fault Benefits to pay for the medical bills from the accident. PIP insurance is very expensive for motorcycles. Because of this, most riders choose not to purchase it. This means there is no money to help with medical bills unless you have health insurance. Also, many Uninsured Motorist and Underinsured Motorist policies have exclusions for two-wheeled vehicles. You should check with your insurance agent to see what your policy will cover in the event of a motorcycle accident.
Who Is Obligated to Pay To Repair My Motorcycle after an Accident in KY?
The insurance company of the person who hit you will pay to repair your motorcycle. If that insurance company challenges whose fault the motorcycle accident is, they may not pay for your damages immediately. If this is the case, and you have collision coverage on your policy, you may want to turn to your insurance company. They will fix your motorcycle, but you’ll have to pay your deductible. Your insurance company then would attempt to collect the deductible back from the at-fault party’s insurance company.
How to Ride a Motorcycle Safely in Louisville, KY
While it’s hard to avoid every motorcycle accident, there are ways to help reduce and prevent one by riding a motorcycle safely in Kentucky. This is especially important for motorcyclists because they are completely exposed to their surroundings. If they are involved in an accident, their injuries could be devastating. Here are a few motorcycle safety riding tips to keep in mind:
- Wear protective clothing, gear, and helmet while riding your motorcycle.
- Use signals to inform other motorists of what you are about to do, like making a turn.
- Avoid riding your motorcycle on uneven or rough roads or in bad weather conditions.
- Do not exceed the speed limit.
- Do not weave in and out of traffic.
- Never drink and ride.
- Do not tailgate other vehicles.
Causes of Motorcycle Accidents in Louisville, KY
There are many factors that can cause an accident. These factors can be anything from debris on the road to drunk riding. Here are some potential causes of Louisville, KY motorcycle accidents:
- Faulty Equipment – Faulty equipment can spell disaster for a rider. Some common equipment failures include brake failure, tire failure, and chain or clutch cable failure. Make sure to get your motorcycle inspected regularly to help prevent faulty equipment accidents.
- Weather –Rain, snow, or fog makes it extremely difficult for a rider to see the road and traffic. If the weather is too bad, find a safe place to pull over and wait until it is safe to ride.
- Road Hazards – Some road hazards such as road debris or potholes are not a big deal for cars, but they are for motorcyclists. They could cause your motorcycle to flip. Another hazard motorcyclists need to watch out for is animals, especially deer. Deer are very common here in Kentucky, so riders need to keep an eye out for them.
- Risky Behavior – Motorcycles are easier to maneuver and are smaller than a car. Because of this, some riders will weave in and out of traffic, speed, and ignore traffic signals. These behaviors are dangerous. If a car doesn’t see you and you’re weaving in and out of traffic and are in their blind spot, they could hit you.
Motorcycle Accident Settlements in Louisville, KY
With motorcycle accidents, no two cases are exactly the same. The settlement value of your motorcycle accident injury claim will primarily depend on the physical, financial, and emotional damages that you suffered after the crash. When calculating your settlement demand, your Louisville motorcycle accident lawyer at The Schafer Law Office will take factors like the following into account:
- Your current medical expenses
- Your reasonable projected medical and rehabilitative treatment costs
- Income loss
- Any impact on your ability to earn income
- Whether the accident left you partially or totally disabled
- The existence of any pain and suffering
- The extent of any property damage
The amount of money you ultimately receive may also be affected by Kentucky’s comparative negligence law, which reduces your award in accordance with your degree of fault in the accident. For example, if a jury awards you $50,000 but finds that you were 10% at fault, your award will be reduced by 10%, and you would receive $45,000 instead. Your Louisville, KY motorcycle accident attorney will explain this and other factors that may impact your settlement value.
Helping a Loved One After a Motorcycle Crash Injury
Motorcycle accidents are on the rise in Kentucky. According to Kentucky Transportation Cabinet data, fatalities have also increased in the state: motorcycle crashes killed 85 people in 2020, and the number jumped to 99 in 2021. Motorcyclists continue to be overrepresented in fatal crashes, with bikers 28 times more likely than car passengers to lose their lives in an accident.
For those who survive, the recovery is often long, difficult, and painful, but an accident can be equally devastating to their family, both emotionally and financially. Motorcycle accidents are rarely ‘minor’ for a rider: their injuries can have lifelong complications and result in damages worth thousands of dollars due to lost income, medical bills, and property damage.
You may feel distraught and helpless when your loved one has been seriously injured in a Kentucky motorcycle accident. What can you do to support them? In this blog, the team at The Schafer Law Office explains what you can do to help and how a motorcycle accident attorney in Louisville can provide the legal advocacy your loved one deserves.
Prepare For Their Return Home
Once your loved one returns home from the hospital, make sure the house is both clean and functional for their needs. If they’ve been left with limited mobility, you may want to install a ramp leading into the house and move all of their bedroom furniture into a downstairs room for ease of access. This way, you make the recovery process as comfortable and safe as possible for them.
Support Them During Their Rehabilitation
When someone has suffered a motorcycle crash injury, it can be a great comfort to have family members involved with their rehabilitation. This can include:
- Accompanying them to medical appointments.
- Making sure they receive the answers they need from doctors and therapists.
- Picking up medications, assistive devices, etc.
- Writing things down for them if they’ve suffered memory loss from a head injury. You can help them remember appointments and everyday items by using post-it notes, lists, or journals.
- Making nutritious meals and supporting their personal needs if required.
Help Them Hire a Kentucky Motorcycle Accident Lawyer
Due to the overwhelming number of things accident victims have to deal with, they may not think to contact a lawyer. Nonetheless, an attorney may be able to assist your loved one in resolving the issues following a car accident and getting them on the road to recovery. Speak to them about hiring legal representation, and help them with the following issues:
- Provide them with resources on car accidents and personal injury, either online or in hard copy. Don’t let your loved one make a statement to an insurance company or accept a settlement offer too early.
- Assist them in organizing important information, such as medical bills and reports, details about lost wages, police accident reports, and property damage repair records.
- Make sure your loved one is aware of the time limits for bringing a personal injury claim. According to section 413.140(1)(a) of the Kentucky Revised Statutes, the statute of limitations for personal injury claims is one year from the date of injury. As a result, an injury victim has one year to file a lawsuit against the alleged negligent party.
A Kentucky motorcycle accident lawyer can calculate the value of the injury claim and deal with insurance companies on your loved one’s behalf. Remember that insurance companies do not care how badly your loved one was injured, and their adjusters and attorneys are trained to find ways to limit their liability. A compassionate and diligent lawyer will seek to deter any attempts to deny a motorcycle injury victim the compensation they deserve.
Who Pays the Bills for My Loved One’s Motorcycle Crash Injuries?
Motorcycle riders in Kentucky are required to carry liability insurance, which will help pay for bodily injuries or property damage in the event of an accident. As a minimum, the insurance policy must include the following limits:
- $25,000 for bodily injury per person
- $50,000 for multiple persons
- $25,000 for property damage
The $25,000/$50,000 bodily injury policy only applies to someone the motorcyclist injured, not to the injured biker. Optional coverage such as Underinsured Motorist Coverage or Uninsured Motorist Coverage should be purchased by any driver or rider. These policies protect you should the driver that hits the motorcycle have little or no insurance.
In Kentucky, all motorists are required to have personal injury protection (PIP) insurance, which helps cover medical expenses after a crash, regardless of who caused it. This does not include bikers, since motorcycle insurance policies do not have to include PIP. However, if your loved one does carry it, they can collect the basic $10,000 coverage. If they don’t, their health insurance might pay additional medical bills. Your motorcycle accident lawyer can help your family identify all viable options for financial recovery.
Does My Loved One Really Need a Motorcycle Accident Lawyer?
Legally, no. However, without expert guidance, your loved one is almost certain to receive a smaller settlement than they need, especially if they will require long-term care. Insurers protect their bottom line by paying out as little as possible, even to long-term policyholders who have faithfully paid their premiums for years.
A motorcycle accident lawyer will use their experience and resources to accurately value your damages and negotiate for a full settlement. If necessary, they will take your loved one’s case to trial, although this rarely happens: the majority of personal injury claims settle. When they do, claimants who hire a lawyer typically receive a much larger settlement than those who don’t.
Kentucky Motorcycle Accident FAQ
When Should You Hire a Kentucky Motorcycle Accident Lawyer?
You should reach out to an injury lawyer in Louisville as soon as you know that you have compensable injuries. In severe crashes, this fact may be obvious right away. In other cases, it may take a full medical evaluation to detect the early stages of potentially catastrophic injuries.
After you report the accident to your insurance company, you will hear from a claims adjuster soon afterward. They will appear concerned and ask how you are doing, but their goal is to protect their company’s bottom line and even an innocuous comment like “I’m fine” can be used to reduce or deny your compensation. If you’ve already retained a motorcycle accident law firm in KY, they will handle all communications with the insurer and protect your right to full compensation.
The Kentucky motorcycle accident attorneys at the Schafer Law Office offer free consultations and can go over the details of your case with you. We are with you every step of the way. Call us now at (502) 584-9511.
How Long Do I Have To File A Motorcycle Accident Case?
In Kentucky, the statute of limitations for a motorcycle accident is two years from the date of the accident. The case could also be filed two years from the date of the last no-fault payment, not to exceed a total of four years. If you had insurance, the last no-fault payment is the last payment your insurance company made for either your medical bills or your loss wages. To be safe, it is best to file within two years from the date of the accident.
How Much Does a Motorcycle Accident Attorney Cost in Kentucky?
When your medical bills are piling up and you’re unable to work, you may be worried about whether you can afford a motorcycle accident lawyer in Louisville, KY. In general, Kentucky motorcycle accident attorneys work on a contingency fee basis, meaning that they recover their fees from your final settlement or award.
At The Schafer Law Office, it costs you nothing upfront to retain legal representation, and you only pay us if we win your case. To get started, call our office for a free consultation at (502) 584-9511. We will review your situation, explain your legal options, and make sure you know what to expect at all stages of your claim.
How Long Will It Take to Resolve My Kentucky Motorcycle Accident Case or Lawsuit?
The amount of time it takes to settle your Kentucky motorcycle accident case depends on a wide range of factors. In general, more complex cases will take longer to resolve: these are situations where there are questions about liability, multiple parties are involved, or the insurance company responsible for compensating you is disputing the extent of your injuries.
However long your claim takes, The Schafer Law Office is committed to helping you get the best possible outcome. Your Louisville motorcycle accident lawyer will not settle for less than the full value of your claim and will even take your case to trial if necessary.
Contact an Expert Motorcycle Attorney in Louisville, Kentucky
If you’ve been injured in a motorcycle accident, you need to get legal advice as soon as possible. You’ll want to make sure any evidence that will help your case can still be gathered, and you’ll want to make sure that the evidence is not destroyed. A motorcycle accident attorney can help you understand your case and Kentucky law. You want an attorney who cares about you. You’ll find all that and much more in Mike Schafer, Bryan Meader, and The Schafer Law Office.
With Mike Schafer and Bryan Meader on your side, you’ll be in good hands. The Schafer Law Office has been helping Kentucky motorcycle accident victims get compensated for more than 25 years. Unlike big law firms that will have other people work on your case, Mike or Bryan is personally involved in every case.
The Schafer Law Office knows the challenges and pitfalls of Kentucky motorcycle accident lawsuits and cases, all the tactics of the “other” side, and how to best present the facts. They can handle the brutal tactics of the insurance companies. In fact, before Mike opened The Schafer Law Office, Mike worked for an insurance defense firm. They really know all the tactics the insurance companies have up their sleeves.
Contact us today for a free consultation. You don’t pay unless we win!