Kaufman & Stigger represent motorcyclists injured by distracted drivers in Kentucky. Whether a driver was following too close, texting and driving, or ignoring traffic law, distracted driving is an illegal action in the state of Kentucky. If your injuries are caused by distracted driving, then you are entitled to recover damages. At Kaufman & Stigger, we have the legal resources to prove your case and get you fully compensated for medical bills, property damage, and missed time at work. To see what legal options are available to you, contact our firm today for a no-cost, no-obligation consultation.
Do I Need a Lawyer for a Distracted Motorcycle Accident?
Injured motorcycle accident victims typically need extensive medical treatment, lose the ability to work, and suffer long-term health complications such as permanent disability as a result of a serious accident. Despite these facts, insurance companies will still attempt to reduce or deny compensation owed to injured car accident victims. For that reason, it’s recommended to speak with one of our Motorcycle Accident Attorneys at Kaufman & Stigger about your legal options. By partnering with us, we’ll provide proof of distracted driving for your case, protect you from liability, and ensure you’re compensated for the following damages:
- Special Damages: Medical bills, ongoing treatment, costs that accumulate when you’re unable to work, like rent or mortgage payments
- General Damages: These are non-economic hardships like pain and suffering, anxiety, depression, mental trauma
- Wrongful Death Damages: These damages may be sought by a spouse or close relative for funeral arrangements, burial expenses, and medical treatment before a loved one’s death
- Punitive Damages: These damages are rare, but if the driver engaged in reckless driving with the intention of hurting you, then you could sue for punitive damages. Texting and driving may qualify, but it will depend on the severity of the action and damage caused.
When Should I Contact a Motorcycle Accident Lawyer?
Although this is highly unlikely, if you only suffered minor scrapes or bruises from a motorcycle accident, you may not need a lawyer. However, you should contact an attorney after a motorcycle accident if:
- There were serious injuries: You will need compensation to cover your current and future medical bills if you’ve suffered serious injuries. Our attorneys can ensure both.
- Wrongful death: If a loved one has passed away due to the accident, you will need compensation for funeral expenses and damages related to the untimely loss.
- Fault: If you are blamed for the accident, but are not at fault, the Motorcycle Accident Attorneys at Kaufman & Stigger can protect and assign liability to the at-fault parties. Also, we can reduce liability if you are liable to some extent.
- Multiple parties involved: Multiple parties make cases complex. Our attorneys will manage your case while protecting your best interests and right to compensation from all liable parties.
- False police report: If a police report places blame on you, and you disagree, our law firm will gather evidence to support your claim.
What is Distracted Driving?
Distracted driving is any activity that diverts attention from driving, including talking or texting on your phone, eating and drinking, or messing with the entertainment system. According to the National Highway of Traffic Safety, distracted driving claimed 3,275 lives in 2023. Texting is the most dangerous of them all because reading or sending a text takes an average of five seconds, meaning a driver will take their eyes off the road for at least five seconds when they react to a text. And at 55 MPH, five seconds looking at a text is like driving the length of a football field with your eyes closed.
In a legal setting, distracted driving can be hard to prove, especially when the driver is denying their careless behavior. At Won and Done, we’ve worked many distracted driving cases and we will utilize crash reconstruction experts and investigators to prove distracted driving in your case. For more information on how you can be compensated for a distracted driving big rig accident, contact us today for a free consultation.
Proving Liability in a Distracted Driving Motorcycle Accident
When dealing with distracted driving accidents, it is not always easy to prove fault. In most cases, a police report, traffic cam footage, or an investigation will prove that the motorcycle accident was a result of distracted driving. Distracted driving could mean a driver was texting and driving, falling asleep at the wheel, or taking their hands off the wheel to change settings on the vehicle. Once proof of distracted driving is established, the following are four elements needed to prove liability:
- The driver had an obligation to act with reasonable care: all drivers are expected to follow traffic laws, and not drive while distracted to prevent injuries to other people 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 car accident, the duty of care would have been ignored if the driver broke a traffic law (such as texting and driving) and was driving dangerously before the collision.
- Acted careless or reckless: If the driver failed to follow the law or safety protocols and caused another’s injury, the plaintiff must prove the other’s careless or reckless actions resulted in damages to their life. This damage could be in the form of physical harm or property damage.
- Damages: The plaintiff must be able to prove they suffered damages due to the loss of their loved one. This can be done by getting injuries verified by a doctor or other medical experts.
What to Do After a Pedestrian Accident
A motorcycle accident can be life-altering. If you’re involved in a traumatic motorcycle accident, it can be tough to think straight and know what you’re supposed to do next. We’ve provided you with the following steps to not only protect your right to compensation, but to begin building a strong case:
- Seek medical attention immediately: Even if your injuries seem minor (which is unlikely in a motorcycle accident), they can manifest into something much worse weeks later. So, it is recommended to check in with a doctor to make sure everything is okay.
- Call the Police: Failing to alert the police does not help your case, especially if the case comes down to your word over the car driver. A police officer will file an accident report and may even assign blame based on their collision assessment. A police report is critical evidence in any claim and will play a key role in ensuring you are fully compensated.
- Gather Evidence: You should document the accident as thoroughly as possible. Take pictures of your injuries, skid marks on the road, and street signs or landmarks. Take a video of yourself recounting the accident while it is still fresh in your mind. And if there are any eyewitnesses, be sure to get their names and numbers, as they can testify on your behalf or provide a statement to corroborate your story.
- Collect Information: Exchange insurance information with the driver, and be sure to get their name, phone number, and contact information.
- Contact Kaufman & Stigger: Our firm is standing by to help car accident victims physically and financially recover quickly. Call, text, or email. Our door is always open, and we’d love to help you through this difficult time.
What is the Average Settlement for a Distracted Driving Motorcycle Accident?
If you are not found at fault for the accident in any way, then you are entitled to whatever settlement amount you and the insurance company agree upon. It is important to note that insurance companies are looking out for their business, not your well-being. So, the best way to maximize your settlement amount is to partner with a personal injury attorney. The following factors will play a large part in determining the total value of your vehicle accident:
- Severity of injuries: These can be broken down into 3 tiers, with Tier 3 being the most severe.
- Tier 1: Minor, non-surgical injuries such as strains, sprains, and contusions.
- Tier 2: Deep lacerations, broken or fractured bones that require surgical intervention
- Tier 3: Traumatic brain or spinal cord injuries, resulting in temporary or permanent function loss
- Insurance coverage: the extent of the at-fault party’s insurance policy
- Lost income: Total amount of lost wages, which were a direct result of the injuries sustained from the accident.
- Medical Expenses: Medical expenses incurred from your injuries and any future medical treatments you may expect to have.
- Pain and Suffering: Emotional stress, trauma, and anxiety caused by how much your life has changed since the accident.
Contact Kaufman & Stigger | Kentucky Motorcycle Accident Lawyers
If you or a loved one has been injured in a distracted driving motorcycle accident in Kentucky, Kaufman & Stigger are here to build you a strong case, negotiate a fair settlement, and get your life back on track. Motorcycle accidents often result in extensive injuries and property damage, but more importantly, accident victims lose tons of valuable time trying to recover. That’s why we aim to get you fully compensated as quickly as possible.
Don’t waste another second wondering how you’re going to get your life back together after being injured in a motorcycle accident. Contact Kaufman & Stigger today for a free consultation and case review.
