Motorcycle Accident Attorneys in Lexington, Kentucky
Traffic accidents of any kind can have devastating consequences, but motorcycle accidents in particular pose significant risks, including severe injuries and fatalities. In fact, according to National Safety Council statistics cited by Forbes.com, motorcycle accidents accounted for 14% of all traffic fatalities reported nationwide in 2020. If you or someone you love is involved in a motorcycle accident, there is a high probability that substantial medical attention is necessary. This leads to mounting medical bills, loss of income, and other stressful challenges.
At Wilson & McQueen, PLLC, our team is committed to providing strong legal guidance to individuals and families suffering the effects of physical injuries and financial stress after accidents. Our personal injury attorneys are ready to assess your situation, help you understand the legal process, and lead you through each step as you seek a favorable outcome in your case. If you have suffered an injury in a motorcycle accident in the Lexington, Kentucky area, including the surrounding areas of London, Georgetown, Richmond, or Nicholasville, reach out today to schedule a consultation.
Steps to Take Following a Motorcycle Accident
Though the immediate aftermath of a traffic accident is often chaotic, there are certain aspects you should focus on to look after your safety and position yourself to make a strong injury claim, if needed. Following your motorcycle accident, you should:
Get everyone involved to safety and seek medical attention.
Gather documentation, contact information, and witness accounts of the accident.
Contact your insurance provider to notify them of the accident and any injuries.
Hire a knowledgeable personal injury attorney to handle your case.
If you follow the steps listed above, you will lay a strong foundation for any potential legal action you need to take after your accident.
Kentucky Motorcycle Laws
Traffic laws can differ from one state to another, so it is important to be familiar with the specific laws and regulations of your state. Below are some of the pertinent laws and requirements for the legal operation of motorcycles in Kentucky.
Lane-splitting: Though some states prohibit riding a motorcycle between two lanes of traffic, Kentucky has no specific law in the books outlawing it. If a law enforcement officer believes you are doing so in an unsafe manner, the officer does have the authority to issue a citation.
Helmet: Riders under the age of 21 are required to always wear a helmet. Riders 21 years of age or older who have been licensed to operate a motorcycle for at least one year may ride without a helmet.
Passengers: There are no passenger restrictions in Kentucky, though passengers under 21 years of age must wear helmets.
Equipment: In order for a motorcycle to be legal to operate in Kentucky, it must have a functional headlight, taillights, rearview mirrors, brakes, turn signals, and muffler, and be fully registered and licensed.
Making sure your motorcycle is registered and in good working order can prevent you from leaving yourself vulnerable to being accused of being liable for an accident.
Determining Fault in Kentucky
States across the country handle fault and compensation in traffic accidents differently. When considering legal action after an accident in Kentucky, it is important to understand the concepts of negligence and Kentucky’s “comparative fault” system.
In order to prove the other party was negligent (and responsible for the accident), several things must be legally established:
The responsible party owed you a “duty of care”
The responsible party breached this duty of care
The breach of this duty caused the accident
The accident resulted in your injuries
If you are able to prove the other party was negligent, it paves the way to hold them legally responsible for your injuries.
Under a “comparative fault” system of compensation, multiple parties may be found to have been partially responsible for an accident. If one party is determined to have been 80% at fault for the accident, and you are found to have been 20% at fault, any potential amount of compensation awarded in the case will be reduced by your percentage of fault. In this example, if the court awards a total amount of $100,000 in damages, you will only be entitled to receive $80,000 of that amount.
Wrongful Death Claims
If your loved one was killed in a motorcycle accident, you may have grounds to file a wrongful death claim to see compensation for their death. Though a financial award will not bring your loved one back, it can provide help to cover outstanding medical costs, funeral expenses, and other bills, in addition to holding the responsible party accountable for the accident that took your loved one’s life.
Why You Need an Attorney
You have enough to deal with after your motorcycle accident without needing to worry about filing injury claims or seeking compensation on your own. By working with experienced personal injury attorneys, you can leave the legal matters to a highly trained team of professionals while you focus on your recovery. Let us take part of the load off your shoulders and stand by your side every step of the way. Our team is ready to explain your options, handle any negotiations, and advise you as you make the best decisions for you and your family.
Motorcycle Accidents Attorneys Serving Lexington, Kentucky
If you or a loved one has been involved in a motorcycle accident and need help pursuing legal action, we are here to help. Our team has the experience and insight needed to handle your injury claim and help you seek financial compensation. If you are in the Lexington, Kentucky area (or the nearby communities of Nicholasville, Richmond, Georgetown, or London), contact us at Wilson & McQueen, PLLC for help.