Kentucky law only requires motorcycle riders under 21 years old to wear a helmet while riding in the state.
According to a report from the CDC, wearing a helmet for a motorcycle rider reduces the risk of death by almost 40% and the risk of a serious head injury by 70%. Not all fatalities would have been prevented by wearing a helmet, but if all Kentucky motorcycle riders wore one, there would be more riders still out on the roads.
Fatal Motorcycle Crashes
An example of the possible increase in risk for not wearing a helmet happened around 8 am, Wednesday, June 17, 2020, between a motorcycle and a pickup truck. According to the Henderson County Sheriff’s Office, the motorcycle rider wasn’t wearing a helmet.
The accident took place on US Highway 41 and Smith’s Staples Rd in Henderson. The sheriff’s office hasn’t determined how the collision happened or who might have been at fault. There were no other injuries reported, and the motorcycle rider succumbed to his injuries at the scene.
Helmets and Liability in Kentucky
When people get hurt or have a loved one that dies in a crash, they sometimes get told by the insurance company agent that since the injured victim wasn’t wearing a helmet, he or she can’t collect damages for the accident.
At Kaufman & Stigger, PLLC, we’ve heard all these excuses before; however, the law doesn’t say that. The insurance company is trying to get the victim to give up on their claim. Many victims fight back by putting our attorneys to work getting the victim the compensation he or she deserves under the law,
Negligence is Key
While it’s true that the law will look at whether a victim was wearing a helmet, that is secondary to the negligence of the at-fault driver. Under KY law, anyone who negligently injures another person is liable for their injuries. The amount of compensation will be determined by the extend of the injuries and the impact those injuries had on the victim.
If the rider suffered a head injury, then the law allows for a reduction in the amount paid, but only for those damages related to not wearing a helmet.
At Kaufman & Stigger, PLLC, we know how much motorcyclists cherish their time out on the open road, and Kentucky has some great roads for riding. We also know how devastating a motorcycle accident can be, and if the other driver was negligent, we’re not going to let the insurance company tell you that you can’t be compensated because you weren’t wearing a helmet.
Contact a Louisville Motorcycle Accident Attorney Today
Accident victims often wonder if they need an attorney, and the answer is almost always yes. The insurance company agents have years of experience and are good at their job which is to pay you as little as possible or nothing at all. You need someone just as experienced to help you level the field.
Talk to a Louisville Motorcycle Accident Attorney you can trust to be on your side and get you what is yours under the law. The attorneys at Kaufman & Stigger, PLLC, have that knowledge and a combined 100 years’ experience in helping clients get the results they deserve. To discuss your case, contact Kaufman & Stigger, PLLC today, by clicking here to contact them online.