If you’re struggling to recover damages after a motorcycle accident because a driver said they didn’t see you coming, or that you were in their blind spot, then we can help. 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. Is liability in question? Is the insurance company denying your claim? Don’t worry, we’re here to help.
Our firm utilizes legal resources to prove liability and protect your right to compensation. Take the first step with your motorcycle accident case today by contacting Kaufman & Stigger for a free, confidential case review.
Do I Need a Lawyer for a Motorcycle Accident in Kentucky?
With the curvy roads along Route 32 and the scenic stretch along Red River Gorge, Kentucky is an ideal place for all motorcycle enthusiasts. But with the highly dense traffic and out-of-town drivers accessing Kentucky’s roads year-round, many motorcyclists are at risk of suffering a life-changing accident when a driver isn’t paying attention or driving recklessly. And when a motorcycle accident does occur, riders typically suffer serious injuries, often leaving them with significant medical expenses, career-altering injuries, and other financial obstacles that lower a person’s quality of life for an extended period of time, or permanently.
Fortunately, that’s where Kaufman & Stigger can help. Our firm specializes in getting motorcycle accident victims compensation through a personal injury settlement after being injured in an accident. We make it easy for you to get your life back after a motorcycle accident by assigning you a lawyer, settling your case, and getting you back to riding. We’ll help you recover all of these costs and ensure you’re rewarded for the following damages:
- Economic damages: The financial damages you incurred due to the accident.
- Medical bills
- Lost Wages
- Loss of future potential earnings
- Loss of property
- Cost of property repair or replacement
- Non-economic damages: These are subjective, non-compensatory damages.
- Pain and suffering
- Emotional distress
- Depression
- Anxiety
- Loss of consortium
- Punitive damages: These are damages awarded to serve as punishment to the at-fault party.
- Reckless behavior (DUI, street racing)
- Actions performed out of spite
Proving Fault in a Kentucky Motorcycle Accident
Proving fault in a motorcycle accident case can be simple or complex, depending on the details of your case. For example, if the driver that hit you violated the law, and their is a record of them breaking the law such as the receiving a speeding ticket or traffic ticket, then proving fault should be relatively easy. However, if there is no record of fault, and they blame you for speeding or driving recklessly, then proving fault can be difficult. The following are four elements of evidence necessary to prove fault in a motorcycle accident:
- Had an obligation to act with reasonable care: If a person is driving on the road, they are expected to follow traffic laws, as well as be aware of other drivers on the road.
- Breached their “duty of care:” The injured party (plaintiff) must demonstrate they were owed a duty of care by the person at fault (defendant). For example, in a motorcycle accident, the duty of care would have been ignored if a driver broke a traffic law or was caught on camera, or was seen driving dangerously before the collision.
- Acted careless or reckless: If the driver failed to follow the law or safety protocols and caused a motorcyclist to be injured, the injured motorcyclist must prove the other’s careless or reckless actions resulted in the loss of their loved one.
- Damages: The plaintiff must be able to prove they suffered damages such as medical bills, lost wages, loss of enjoyment of life, or mental trauma.
How to Strengthen Your Motorcycle Accident Claim
If you suffer a bicycle accident injury, seek medical attention immediately. Nothing is more important than your health. After you get medical care, it is recommended to:
- Report the injury to Kentucky police: failing to report an accident can be detrimental to your claim. A police report should be filed, even if you believe you’re fine after the accident. A report will not only place liability on the responsible party, but it will serve as evidence if you decide to take legal action.
- Take your own photos of the scene and get witness statements. Photos, videos, and witness statements can help you establish a strong case so that your compensation cannot be denied by the insurance company. Irefutable evidence works in your favor in case someone changes their story or the insurance company tries to claim you were at fault.
- Follow up on your injuries with a doctor. Any injuries you’ve sustained from your accident will become a part of your case, and you will need a doctor to corroborate your injuries.
- Contact Kaufman & Stigger to protect your rights to compensation. Most accident victims find themselves overwhelmed by the incident and fail to realize the enormous impact a serious injury can have on their lives. Our Motorcycle Accident Attorneys can help you understand your options and get you the compensation you need to make a full recovery.
Is Lane Splitting Legal in Kentucky?
No, lane splitting in Kentucky is not legal. So, if an accident occured while you were lane-splitting, then recovering damages may be difficult, but not impossible. Contact one of our attorneys at Kaufman & Stigger for a free consultation to see what legal options are available to you. According to Kentucky Statute 189.285(3):
“No motorcycle operator is allowed to pass another vehicle within the same lane or drive a motorcycle between lanes of traffic.”
Motorcyclists caught lane splitting may be cited for reckless or careless driving, which can have a negative impact on their insurance claim if they suffer injuries as a result of the accident.
How to Know if You Have a Case After a Motorcycle Accident
Anyone in Kentucky injured in a pedestrian accident will wonder if they have a case. If you suffered any type of injury due to another person’s careless or intentional actions, then you have a personal injury case. Knowing you have a personal injury case is one thing, but ensuring you have a strong personal injury case is where Kaufman & Stigger comes in.
Our firm will identify ways to strengthen your case and ensure you receive a desirable outcome. Here are some signs you have a strong personal injury case after a pedestrian accident:
- The defendant admitted fault. Admission is a powerful tool our firm uses to bolster the facts of your case. Through interrogatories and depositions, we form the right questions to get to the truth of the matter, especially if the defendant is at fault.
- The incident was caught on camera. Dash cams, traffic cams, and eyewitnesses may have caught your pedestrian accident. Undeniable evidence such as footage of the incident, can make your request for fair compensation undeniable. Our firm will help you obtain the necessary evidence to strengthen your case and make your statements irrefutable.
- You’ve suffered severe injuries. Unfortunately, serious and verifiable injuries are a part of a strong personal injury case. If you do not have a record or evidence of serious injury, then you won’t have much ground to stand on when making a demand for compensation. Our firm will connect you with trusted doctors, surgeons, and orthopaedists to document the extent of your injuries.
- Defendant has a history of carelessness. If the driver who injured you in your pedestrian accident has a bad driving record, this can strengthen your case. It is not uncommon for defense attorneys or the insurance to attempt to place blame on you for your injuries. But if the defendant has a history of poor driving, then it will be difficult to argue that you were at fault.
- You’ve taken the right steps. After a serious injury, it is expected to seek medical treatment and to continue treating your injury. A lapse in treatment may seem like you’re not that injured, or it has not seriously impacted your life. The attorneys at Kaufman & Stigger will help you manage your treatment and make sure you are taking all the correct steps to reach a successful settlement.
What is the Typical Settlement Amount for a Motorcycle Accident Injury in Kentucky?
There is no average compensation for motorcycle accident injuries. The result of every personal injury lawsuit varies on a case-by-case basis, so it is difficult to determine the value of every case. However, certain factors can potentially increase your amount of compensation:
- The severity and permanence of your injuries
- The percentage of blame assigned to you in the accident (ranges anywhere from 1% – 99%)
- Your age at the time of the accident
- Your education level and occupation
- Loss of enjoyment you’ve suffered due to injuries or mental trauma sustained from the accident
- Loss of earnings
- Future and present medical treatments
It is proven that payouts for pedestrian accident injury victims tend to be higher for those represented by an attorney than those who took legal action without representation.
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 vehicle 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.
