Motorcycle Accidents

The burden of proof in a motorcycle accident case, or any personal injury case involving a motor vehicle, falls on the injured victim, or plaintiff. The plaintiff is the party bringing a case against the other driver, the defendant.

To have a case, you or your attorney must be able to establish these four legal elements:

• There was a legal duty of care: All drivers owe a duty to avoid causing harm to others.
• The duty of care was breached: The other driver failed to uphold his or her legal duty by putting others at risk in some way. This breach could be the result of negligent or reckless actions, such as blowing through a red light. It could also be the result of not doing something, such as by rear-ending someone because they were looking away from the road.
• Causation: Your attorney must be able to prove your motorcycle crash was caused by the other driver’s negligent or reckless actions.
• Damages: You suffered real damages, such as medical costs, property damages, lost wages or catastrophic injuries as a result of the crash.

In other words, if it were not for that individual’s negligence, you would not have been involved in a crash and suffered injuries and other losses. If there is no negligence, or if it cannot be proved, then there is no case.

How Much Could My Motorcycle Accident Claim Be worth?

Every motorcycle crash case is different. To determine the potential value of your unique claim, you will need to speak with a knowledgeable attorney.

The value of any motorcycle accident claim is based on several contributing factors, including the type and severity of your damages.

In general, if you have a case, you may be eligible to recover compensation for these and other damages:

• Emergency medical treatment at the scene and transport to the hospital
• Your initial medical examination, diagnostics and treatment, including surgery
• Follow-up care, such as continuing treatment, doctor’s appointments
• Physical therapy and/or rehabilitation therapy
• Prescription medication as needed for pain management
• Lost wages if you were unable to work during your recovery
• Mobility assistive devices, such as a wheelchair, prosthetics or crutches
• Loss of enjoyment of life and activities you previously enjoyed doing
• Disfigurement or scarring for certain permanent injuries
• Emotional distress, post-traumatic stress disorder (PTSD), other pain and suffering damages
• Loss of companionship

Does Kentucky Have Deadlines for Filing a Motorcycle Crash Claim?

Kentucky has a short statute of limitations. For most personal injury claims, victims have just one year to file a lawsuit against the at-fault party. For motorcycle and other motor vehicle accident claims, however, victims have up to two years to file a claim.

While this seems like a long time, it is important to remember that your attorney needs time to build a strong case. Hiring an attorney sooner than later means he or she is more likely to gain access to critical evidence before it gets lost or destroyed. Video footage, for example, is typically overwritten in a matter of days to weeks. If there is no court order requesting this footage to be preserved, it could be gone if you delay filing a claim. Witness statements are also affected by the passing of time. People may not remember as many details as time passes.

Can I Recover Compensation If I Am Partially At Fault for the Crash?

Kentucky follows a pure comparative negligence rule. Under this rule, you may be eligible to recover compensation for your damages even if you are assessed with some fault. That said, whatever compensation you are awarded will be reduced by your percentage of fault.

Common Causes of Motorcycle Accidents in Louisville

Like other motor vehicle crashes, motorcycle accidents are often the result of some type of driver error or negligence, including:

• Drivers of vehicles cutting in front of a motorcycle
• Failure to yield the right of way
• Left-turn crashes resulting from drivers trying to beat oncoming traffic
• Vehicles cutting in front of a motorcycle
• Distracted drivers rear-ending a motorcycle
• Drivers impaired by alcohol, drugs or other substances
• Reckless driving, such as ignoring a red light or traffic signal
• Excessive speeding
• Tailgating or following a motorcycle too closely
• Riders or drivers weaving in and out of traffic
• Defective road, such as huge, unrepaired potholes

What Are Some Common Injuries Caused By Motorcycle Crashes?

Motorcycle riders are very vulnerable in a crash. Compared to larger trucks or even small passenger cars, there is no protective frame and no airbags or seatbelts. The inherent nature of these vehicles makes it much more likely that serious injuries will occur in a crash.

Some of the most common motorcycle crash injuries include:

• Road rash injuries
• Severe friction or vehicle burns
• Internal organ damage
• Internal bleeding
• Neck injuries, including whiplash
• Spinal cord injuries, including paralysis
• Traumatic brain injuries (TBIs)
• Mild to severe ligament tears
• Lacerations
• Fractures
• Ligament tears
• Loss of limb
• Death

As a motorcyclist, you know and accept these risks in exchange for the joy of riding your bike out in the open air. While you can do all you can to be a responsible rider, it is impossible to control the actions of others. We get that, and we know that sometimes, despite your best efforts, a crash can occur.

Our firm’s founder, Scott C. Justice has built a reputation as a tough negotiator who gets impressive results. He has dedicated his entire career to fighting for the injured and their families. Scott also has the distinction of being selected for inclusion in the National Trial Lawyers: Top 40 Under 40 list for two years running.