If you’re struggling to recover damages after a motorcycle accident because you need help proving fault, then you’re in the right place. Kaufman & Stigger is the go-to law firm for motorcycle accident victims in Kentucky looking for seamless, personalized case management to secure their financial future, even if fault is in question in their case.
Don’t waste another second wondering if you’ll win the compensation you deserve or not. Take the first step with your motorcycle accident case today by contacting Kaufman & Stigger for a free, confidential case review.
Should I Get a Lawyer for a Motorcycle Accident That Wasn’t My Fault?
Yes, it is recommended to get a lawyer after an accident that wasn’t your fault if you sustained serious injuries or property damage from the incident. However, if your injuries are minor scrapes and bruises, then a lawyer may not be necessary.
The other driver’s insurance will typically cover claims for an accident that wasn’t your fault. But if your claim is denied or you are under-compensated for your damages, then a Motorcycle Accident Lawyer at Kaufman & Stigger can help.
How is Fault Determined in a Kentucky Motorcycle Accident
Fault in a motorcycle accident depends on the actions of both the driver and the pedestrian. By law, both motorcyclists and drivers are required to take necessary safety precautions to avoid getting in an accident. When determining fault, Kentucky follows a pure comparative negligence system.
In most cases, the person who violated a safety law is at fault for the accident. However, both parties can be at-fault to some extent, which is where the comparative negligence system comes into play. For example, let’s say you’re speeding on your motorcycle through downtown Louisville and you’re struck by a vehicle that was also in a hurry and ran a red light.
In this case, you can be assigned a percentage of the fault for traveling faster than the posted speed limit. Continuing with this hypothetical scenario, if your motorcycle accident injury goes to trial, you could be found by a jury to be 40% at fault for your injury. This would leave the driver with 60% of the fault for not being more aware of a person in the street. So, if the final verdict rewards you with $200,000, you will get $120,000 because your compensation will be reduced by the 40% you were found at fault.
How to Prove Fault in a Motorcycle Accident
To establish that a driver was careless and caused your motorcycle accident, you would need to prove the following:
- Duty of care: the other driver has a legal obligation to drive with caution and prevent any hazardous incidents that could injure someone
- Breach: the driver failed to uphold their duty of care toward other drivers
- Cause: the driver’s carelessness was a direct cause of the accident
- Damages: You suffered verifiable damages and incurred heavy losses due to the injuries sustained from the accident
These elements of carelessness appear relatively straightforward. However, proving these careless acts to an insurance company requires taking proper legal steps that a Motorcycle Accident Lawyer at Kaufman & Stigger can assist you with.
How Police Assign Fault for a Kentucky Motorcycle Accident
Police officers called to an accident will attempt to capture as much information as they can about the accident. At first glance, they’ll look to see what happened leading up to it, how it started, and who was the likely at-fault party. While determining fault at the scene of the accident, police officers will look at the following:
- Evidence at the scene:
- Tire marks
- Road damage
- Vehicle damage
- Eyewitness statements
- Appearance and behavior of both drivers
- Whether a citation has been issued to either driver in the past (speeding, tailgating, DUI, or other concerning violations)
- Any other available evidence such as street cameras, dash cams, or photos
After an investigation, police will issue citations for any violations committed by either driver. Citations can be harmful to both drivers in an accident case. However, guilt of a traffic violation is only settled after a ruling, conviction, or the payment of the fine without pleading “nolo contendre.” So, if you are given a citation, but feel it was unwarranted, you do not have to admit fault. Contact one of our attorneys today to help you build your case and protect you from liability.
How Do Insurance Companies Know Who is at Fault?
According to Kentucky Statute 189.580, drivers are required to report the incident to police within 24 hours of being in an accident. If the drivers involved in the accident are unable to contact law enforcement, then other drivers will typically call it in.
Police will file a police report of the accident, which details what the officer can see at the scene of the accident and determines fault based on the officer’s current evidence. The police report plays a large role in determining fault in your accident, as it is the officer’s duty to hand out tickets to any driver who violates the law. A law violation in an accident typically makes assigning fault in an accident very easy.
The drivers involved in the accident have a responsibility to notify their insurance companies of the accident. The insurance companies will then assign the claim to one of their insurance adjusters. The insurance adjuster will talk to both parties involved and review the police report and medical bills. Once the adjuster has reviewed all the evidence, they will assign fault for the accident.
However, it is important to note that insurance companies do not have the final say in who is at fault. Ultimately, fault can only be assigned by a judge or a jury in court. If you disagree with the fault determined by the insurance adjuster, you can always dispute the claim in court.
Contact a Motorcycle Accident Lawyer in Kentucky
If you or a loved one has been injured in a motorcycle accident in Kentucky, the Motorcycle Accident Attorneys at Kaufman & Stigger are standing by to help you get the compensation you need. We understand the enormous medical costs associated with motorcycle accidents and will aggressively pursue a settlement to match the full extent of your damages, even if you were at fault for your injuries. If a settlement cannot be reached, then our firm will represent you in court and advocate on your behalf.
Contact Kaufman & Stigger today for a free, confidential consultation. Our firm operates on a contingency basis, so you will not have to pay a cent unless we win your case.
