Kaufman & Stigger represent victims injured in motorcycle accidents in Kentucky. A motorcycle accident can alter a person’s life in a matter of seconds. With a single careless act by a motorist, an innocent motorcyclist can suffer severe disability, extensive medical treatment, and insurmountable financial loss. At Kaufman & Stigger, we seek financial justice for injured motorcyclists and ensure they’re compensated to the fullest extent. Protect your right to compensation and contact us today for a no-cost, no-obligation consultation.
Do I Need a Lawyer for a Motorcycle Accident?
An unfortunate reality of motorcycle accidents is that insurance companies will often undercompensate victims who are too injured to work, or fail to cover necessary, extensive medical treatment. In some cases, the insurance company will deny compensation altogether. That’s where Kauffman & Stigger can help. Our firm stands up for the rights of injured motorcycle riders in Kentucky. We protect your right to compensation by negotiating with the insurance company on your behalf and holding them responsible for the following damages:
- Medical and hospital bills
- Property damages
- Occupational and physical therapy
- Lost earnings and wages
- Lost career growth such as raises and promotions
- Property damage
- Lost future earning capacity
- Pain and suffering
What You Will Need When Consulting with Our Lawyers for the First Time
The initial process of speaking with our law firm for the first time usually starts off with a questionnaire to assess the merits of the case. This questionnaire will provide us with key information to help determine if a case is worth pursuing or not. However, if you’d like to speak directly to one of our attorneys, you can set up a brief meeting to discuss the details of your situation prior to answering a questionnaire. The following data is what potential clients will need when they first sit down with us:
- Employment details: current or former employer, job title, dates of employment, and compensation information.
- Nature of the complaint: type of carelessness that led to your injury (premise liability, reckless driving, defective equipment)
- Timeline of events: dates of key incidents, formal complaints filed, relevant communications with the employer
- Witnesses: names and contact information of potential witnesses to the alleged misconduct
- Documentation: list of relevant documents (x-rays, MRIs, doctor’s diagnosis, physical therapy appointments, workers’ compensation forms)
- Prior legal action: if you’ve filed previous personal injury claims, then the details of your previous case may be relevant to your new case
- Medical information: details about your medical diagnosis and treatment plan
- Social media presence: your injury may be documented online, as well as you discussing the details of your personal injury
Some of these elements may seem irrelevant to your case, but trust us, they are not. Most defense lawyers will use anything they can to diminish the damage done to your life after a motorcycle accident. For example, if your social media account has videos of you constantly getting injured or putting yourself in harm’s way, they will most likely attempt to use that against you to say you often engage in reckless behavior, even if you were being safe when the accident occurred.
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 You Were Not Speeding in a Motorcycle Accident
Most motorcycle accidents often involve a police report. The police officer called to the accident will determine if speeding was involved in the accident based on the following evidence:
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 for speeding, but feel it was unwarranted, you do not have to admit fault. Contact one of our attorneys at Kaufman & Stigger today to protect yourself from liability and see what legal options are available for your situation.
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 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.
