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Who Is At Fault For a Kentucky Motorcycle Accident?

Motorcycle rides can be exciting and thrilling, but they also come with a higher risk of serious injuries in accidents. This is especially true in Kentucky, where motorcycle accidents happen frequently each year. These accidents can cause various types of injuries and damages.

Being in a motorcycle accident in Kentucky means significant changes to how you will live your life. While your health should always be your top priority, there are other considerations that you’ll need to make. One of the most important is whether to pursue legal action, which means you’ll need to figure out who is at fault for your motorcycle accident.

Kentucky Motorcycle Accident Lawyers Will Help You

If you have been injured in a Kentucky motorcycle accident, Kaufman & Stigger, PLLC is ready to assist you. No matter how cautious and careful you are while riding your motorcycle, you remain vulnerable to other drivers and conditions. Such situations often result in severe injuries and other damages. When facing this, our team can help you explore your legal options and get the compensation you deserve. Contact us today to set up a free consultation to learn more.

How Are Kentucky Motorcycle Accidents Unique?

Motorcycle accidents are not only fairly common across Kentucky, they have many of the same causes as normal vehicle accidents. With that said, there are also several ways that motorcycle accidents are unique in Kentucky. Among the most important to these factors are their injuries and contributing factors

Injuries

By far the most consequential aspect of motorcycle accidents are the injuries they can cause to the rider. Due to the frame of the vehicles, high speeds, and relative lack of protection, motorcycle riders are extremely vulnerable to serious injuries like:

  • Head injuries – Traumatic brain injuries (TBI) and concussions are common in motorcycle accidents due to the lack of protection for riders. These injuries can result in long-term cognitive impairments and require extensive medical treatment.
  • Spinal cord injuries – Motorcycle accidents can cause severe damage to the spinal cord, leading to paralysis or partial loss of function. Spinal cord injuries often result in lifelong disabilities and require extensive rehabilitation.
  • Bone fractures – The impact of a motorcycle accident can cause fractures in various bones, such as the arms, legs, ribs, and pelvis. These fractures may require surgical intervention and prolonged recovery periods.
  • Road rash – When a rider is thrown from their motorcycle, their skin can come into direct contact with the road surface, causing painful abrasions and lacerations known as road rash. These injuries can lead to infections and scarring.
  • Soft tissue injuries – Motorcycle accidents can cause damage to muscles, ligaments, and tendons, resulting in sprains, strains, and tears.

Contributing Factors

The other unique factor involving motorcycle accidents in Kentucky are the contributing factors. Some of these factors involve other drivers on the road and can include:

  • Distracted driving
  • Speeding
  • Failure to yield
  • Lack of awareness

However, there are also factors inherent in the actual riding of the motorcycle that also contribute to accidents:

  • Excessive speeding
  • Lane-splitting, where the rider rides between lanes
  • Inadequate road conditions, like potholes
  • Poor weather conditions, like rain or snow

It’s crucial for motorcycle riders, drivers, and people walking on the streets in Kentucky to understand these unique factors and be careful to reduce the chances of accidents. We should all take the necessary steps to share the road safely and prevent mishaps. However,

in terms of your options after an accident, the circumstances that surround the accident make a huge difference.

Who is at Fault in a Kentucky Motorcycle Accident?

The key to understanding fault in a Kentucky motorcycle accident is the same as any other accident in Kentucky. Fault is established by assigning liability through negligence. In legal terms, negligence refers to:

  • The failure of someone to act in a responsible or careful manner, resulting in injury or harm to others.

For example, if a driver was not paying attention and hit a motorcyclist because they didn’t see them, that driver may be considered negligent. They were supposed to be watching the road and following traffic rules, but their lack of attention caused the accident and harm to the motorcyclist.

But there are other parties that can be at fault in a Kentucky motorcycle accident, like:

  • The manufacturer of the motorcycle parts that malfunctioned
  • The government entity that is responsible for fixing the roadway
  • A pedestrian that was jaywalking
  • The motorcycle rider themselves, under Kentucky’s “comparative negligence” rule.

Ultimately, determining fault in a Kentucky motorcycle accident requires a thorough investigation into the circumstances of the accident. Depending on the specific details and evidence, multiple parties may be found at fault for the motorcycle accident. Thus, as an injured person, it’s in your best interest to consult with our qualified Kentucky motorcycle accident lawyers to evaluate the unique circumstances of your accident and determine the potential liability of anyone involved.

Filing a Motorcycle Accident Claim in Kentucky

To get the compensation you need for your recovery, you will need to file an injury claim after a motorcycle accident. Each accident is unique, but most motorcycle accident injury claims are done either via an insurance claim or a lawsuit. Sometimes, both are involved.

The ultimate goal of your claim is to recover damages, which generally include:

  • Medical expenses – This refers to the costs associated with your medical treatment and care after a motorcycle accident. It includes expenses such as hospital bills, doctor visits, surgeries, medications, rehabilitation, and any other necessary medical services.
  • Lost wages – If you are unable to work due to your injuries from the accident, you may be entitled to compensation for the income you have lost. This can include wages, salaries, bonuses, and other benefits that you would have earned if you hadn’t been injured.
  • Pain and suffering – These damages refer to the physical and emotional distress you experience as a result of the accident. It includes the pain, discomfort, and mental anguish caused by your injuries. Compensation for pain and suffering is subjective and varies depending on the severity of your injuries and their impact on your daily life.
  • Property damage – If your motorcycle or any other personal property was damaged in the accident, you may be entitled to reimbursement or compensation for the repairs or replacement costs.
  • Loss of enjoyment of life or companionship – If the accident has caused a significant change in your ability to enjoy your life or maintain relationships with loved ones, you may be eligible for compensation for the loss of enjoyment of life or companionship. This can include the inability to participate in activities you once enjoyed or the strain placed on relationships due to your injuries.

Calculating the exact value of your damages in a Kentucky motorcycle accident can be challenging, particularly if you have severe and long-term injuries. That’s why having an experienced motorcycle accident lawyer by your side is crucial. While it’s not mandatory to have a lawyer represent you, having one can significantly impact the outcome of your claim.

Experienced Guidance From Kentucky Motorcycle Accident Lawyers

At Kaufman & Stigger, PLLC, we know how much a motorcycle accident can impact you physically, emotionally, and financially. Our experienced Kentucky motorcycle accident lawyers are committed to achieving the best possible outcome for our clients. We will thoroughly investigate your case, handle negotiations with insurance companies, and vigorously fight for your rights, whether it’s inside or outside of the courtroom.

If you or someone you care about has suffered injuries in a motorcycle accident, don’t hesitate to reach out to us. Contact us for a free consultation now and discover how we can assist you in obtaining the justice and compensation you rightfully deserve.

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