If you’ve been in a motorcycle accident, you may have some questions. If so, it’s time to contact a dedicated Louisville motorcycle accident lawyer. Mike Schafer, the lawyer who wrote the book, and the attorneys at The Schafer Law Office have the answers!
Our team of dedicated lawyers can help you understand the local motorcycle accident laws and what bearing they have on your claim. We can assist you with every aspect of your motorcycle accident case, from the initial claim-filing process to litigating your case in court should it become necessary. We have decades of experience in the practice of personal injury law and all the knowledge required to help you obtain a successful outcome in your case.
It’s a well-known fact that the leading cause of all motor vehicle accidents, including motorcycle accidents, is driver error. Motorcycle accidents, in particular, tend to happen under certain circumstances, though. Some of the most common causes of motorcycle wrecks in Louisville include:
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It doesn’t matter why your accident happened. If it was caused by the driver of another vehicle, you can hold them responsible by filing a motorcycle accident claim.
Lane splitting and impaired, distracted, or aggressive driving are just a few of the behaviors that motorcyclists can engage in that increase their chances of getting into an accident. You may also be found partially liable for the crash if you were:
If you bring a claim against another driver, their insurance company will look for every possible reason to say that you were partially at fault so that they can reduce the amount of money they owe you. A motorcycle accident lawyer can help you avoid trouble with the other driver’s insurance company, helping you increase the probability that you’ll get a fair settlement.
Motorcycle riders are five times more likely to be injured and 28 times more likely to be killed in a crash compared to the drivers of larger motor vehicles. The types of injuries sustained by motorcycle riders also tend to be more severe. Depending on the circumstances of the accident, they can include:
If you’ve been injured in a motorcycle wreck in Kentucky, if you’re able, call 9-1-1 to report the accident. Police will come to the accident scene and file an accident report.
While you’re waiting for the police, try to gather as much information from the accident scene as possible. Get the other party’s name, phone number, address, license plate number, and make and model of their car. Also, take pictures of the accident scene, damage to your motorcycle, other vehicles involved, license plate numbers, and people involved in the accident.
After the police report, please go to the doctor as soon as you can. That way, you can get treated for your injuries. If you feel that legal action is necessary, you should consult with an accident attorney. They can help you gather any evidence that will help your case. They can also make sure that the evidence isn’t destroyed.
In most situations, there is no personal injury protection (PIP) or no-fault benefits to pay for the medical bills from the accident. PIP insurance is very expensive for motorcycles. Because of this, most riders choose not to purchase it. This means there is no money to help with medical treatment unless you have health insurance. Also, many uninsured motorist and underinsured motorist policies have exclusions for two-wheeled vehicles.
You should check with your insurance agent to see what your policy will cover in the event of a motorcycle accident.
The at-fault party’s insurance company will pay to repair your motorcycle. If that insurance company challenges whose fault the motorcycle accident is, they may not pay for your damages immediately.
If this is the case, and you have collision coverage on your policy, you may want to turn to your insurance company. They will fix your motorcycle, but you’ll have to pay your deductible. Your insurance company would then attempt to collect the deductible back from the at-fault party’s insurance.
Motorcycle accident claims are typically caused by one or more parties’ negligence. The person or entity you file a claim against will vary depending on the specifics of your accident. Your motorcycle accident attorney can help you identify all potentially liable parties, which can include:
If multiple parties hold partial responsibility for your crash, that could impact the complexity of your claim. It’s essential that you have a skilled lawyer to help you determine liability and hold all responsible parties accountable.
With motorcycle accidents, no two cases are exactly the same. The settlement value of your motorcycle accident injury claim will primarily depend on the physical, financial, and emotional damages that you suffered after the crash. When calculating your settlement demand, your Louisville motorcycle accident lawyer at The Schafer Law Office can take factors like the following into account:
The amount of money you ultimately receive may also be affected by Kentucky’s comparative negligence law, which reduces your award in accordance with your degree of fault in the accident.
For example, if a jury awards you $50,000 but finds that you were 10% at fault, your award will be reduced by 10%, and you would receive $45,000 instead. Your Louisville, KY, motorcycle accident attorney can explain this and other factors that may impact your settlement value.
Motorcycle riders in Kentucky are required to carry liability insurance, which will help pay for bodily injuries or property damage in the event of an accident. As a minimum, the insurance policy must include the following limits:
The $25,000/$50,000 bodily injury policy only applies to someone the motorcyclist injured, not to the injured biker. Optional coverage, such as underinsured motorist coverage or uninsured motorist coverage, should be purchased by any driver or rider. These policies protect you should the driver who hits the motorcycle have little or no insurance.
In Kentucky, all motorists are required to have personal injury protection (PIP) insurance, which helps cover medical expenses after a crash, regardless of who caused it. This does not include bikers, since motorcycle insurance policies do not have to include PIP. If your motorcycle insurance policy does have a PIP provision in place, you may be able to get your medical bills paid for by your own insurance.
If your loved one does carry it, they can collect the basic $10,000 coverage. If they don’t, their health insurance might pay additional medical bills. Your motorcycle accident lawyer can help your family identify all viable options for financial recovery.
In some cases, it’s not other drivers that cause motorcycle accidents, or even the riders themselves, but the manufacturers of defective bikes and parts. Motor vehicles of all sorts are frequently subject to recalls, during which manufacturers file public reports describing the defects and the proposed remedy. The good news is that you can still hold manufacturers liable for defects even if there has already been a recall.
Some of the most common types of motorcycle defects include:
If you learn of a recall, you should make every effort to get the problem fixed as soon as possible. If the manufacturing defect causes an accident before you can do so, you should contact a motorcycle accident attorney right away so they can help you prove that the defect was present and file a claim against the manufacturer.
The Louisville Metro Department of Public Works is responsible for maintaining local roads in Louisville, KY. The Kentucky Transportation Cabinet takes charge of state highways and interstates. If one of these municipal authorities fails to provide adequate care for the roads and this leads to an accident, you may be able to hold them accountable by filing a claim against the government agency that was responsible.
For your claim to be successful, it must show that there was a defect present, such as a pothole, road debris, or inadequate signage. You must then prove that the government entity responsible for maintaining the road and repairing the defect was aware of its presence and that it did not take action to remedy it. Finally, your lawyer can use evidence from the crash to show that the defect caused your accident and subsequent injuries.
Legally, no. However, without appropriate guidance, your loved one is almost certain to receive a smaller settlement than they need, especially if they will require long-term care. Insurers protect their bottom line by paying out as little as possible, even to long-term policyholders who have faithfully paid their premiums for years.
A motorcycle accident lawyer can use their experience and resources to accurately value your damages and negotiate for a full settlement. If necessary, they can take your loved one’s case to trial, although this rarely happens; the majority of personal injury claims settle. When they do, claimants who hire a lawyer typically receive a much larger settlement than those who don’t.
Unfortunately, motorcycle accidents are more likely than other motor vehicle accidents to be fatal. If you’ve lost a loved one to a motorcycle accident, you may be able to recover compensation for any damages you’ve suffered as a result.
Those damages can include economic ones, such as funeral costs, and non-economic harm, such as loss of consortium. Ask your attorney how you can hold the person or entity responsible for the crash accountable for the loss of your loved one.
You should reach out to a personal injury lawyer in Louisville as soon as you know that you have compensable injuries. In severe crashes, this fact may be obvious right away. In other cases, it may take a full medical evaluation to detect the early stages of potentially catastrophic injuries.
After you report the accident to your insurance company, you will hear from a claims adjuster soon afterward. They will appear concerned and ask how you are doing, but their goal is to protect their company’s bottom line, and even an innocuous comment like “I’m fine” can be used to reduce or deny compensation you deserve.
If you’ve already retained a motorcycle accident law firm in KY, they will handle all communications with the insurer and protect your right to full compensation.
The Kentucky motorcycle accident attorneys at The Schafer Law Office offer free consultations and can go over the details of your case with you. We are with you every step of the way. Call us now at (502) 584-9511.
In 2023, there were 1,703 motorcycle accidents in Kentucky, 103 of which were fatal. Motorcycles constituted 0.79% of all vehicles involved in accidents but 8.89% of all fatal accidents. Whether you were injured in a motorcycle crash or you lost a loved one to a fatal collision, you can hire a motorcycle accident lawyer to help you recover compensation.
There are many reasons to hire a motorcycle accident attorney. They include:
While it’s true that you’re not legally obligated to hire an attorney to help you file a motorcycle accident claim, most accident victims find that it’s worth the money to have a lawyer on their side.
A: In Kentucky, the statute of limitations for a motorcycle accident is two years from the date of the accident. The case could also be filed two years from the date of the last no-fault payment, not to exceed a total of four years. If you had insurance, the last no-fault payment is the last payment your insurance company made for either your medical bills or your lost wages.
A: How much a motorcycle accident attorney costs in Kentucky varies on a case-by-case basis. When your medical bills are piling up, and you’re unable to work, you may be worried about whether you can afford a motorcycle accident lawyer in Louisville, KY. In general, Kentucky motorcycle accident attorneys work on a contingency fee basis, meaning that they recover their fees from your final settlement or award.
A: How long it takes to settle your Kentucky motorcycle accident case depends on a wide range of factors. In general, more complex cases will take longer to resolve; these are situations where there are questions about liability, multiple parties are involved, or the insurance company responsible for compensating you is disputing the extent of your injuries.
A: The number one sign of a good motorcycle settlement offer is that it covers 100% of your damages. Insurance companies often offer quick settlements that are too low to cover all of the accident victims’ hospital bills, lost wages, and other expenses. You should avoid taking any settlement offered by an insurance company until after you have consulted with a Louisville motorcycle accident attorney.
If you’ve been injured in a motorcycle accident, you need to get legal advice as soon as possible. You’ll want to make sure any evidence that will help your case can still be gathered, and you’ll want to make sure that the evidence is not destroyed. An automobile and motorcycle accident attorney can help you understand your case and Kentucky law. You want an attorney who cares about you. You’ll find all that and much more in Mike Schafer and The Schafer Law Office.
With Mike Schafer on your side, you’ll be in good hands. The Schafer Law Office has been helping Kentucky motorcycle accident victims get compensated for more than 25 years. Unlike big law firms that can have other people work on your case, Mike is personally involved in every case.
The Schafer Law Office knows the challenges and pitfalls of Kentucky motorcycle accident lawsuits and cases, the tactics in use by the “other” side, and how to present the facts. They can handle the brutal tactics of the insurance companies. In fact, before Mike opened The Schafer Law Office, he worked for an insurance defense firm. They really know all the tactics the insurance companies have up their sleeves.
Contact us today for a free consultation. You don’t pay unless we succeed!
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