At Sam Aguiar Injury Lawyers, we are your trusted allies in navigating the aftermath of a Lexington motorcycle accident. Our dedicated team of motorcycle accident attorneys represents victims who have suffered in these gruesome accidents and has a deep understanding of Kentucky’s traffic laws.
At Sam Aguiar Injury Lawyers, our Lexington accident attorneys are committed to providing you with compassionate and personalized legal support so that you receive the attention and advocacy they deserve.
Whether you’re dealing with injuries, negotiating with insurance companies, or seeking compensation for lost wages and medical expenses, our Lexington motorcycle accident lawyers are here to guide you through every step of the legal process. We are determined to fight tirelessly on your behalf, leveraging our extensive knowledge and resources to secure the best possible outcome for your case.
Contact us today to learn how we can help you on your road to recovery.
Why Sam Aguiar Injury Lawyers is the Firm to Choose
Choosing Sam Aguiar Injury Lawyers for your Lexington motorcycle accident claim means choosing a firm with a proven track record of achieving significant settlements and awards for accident victims.
We let our track record speak for itself, such as settlements for $1.75 million and $925,000 for car accidents. We pride ourselves in our ability to secure substantial compensation for those injured due to negligence. Our Lexington personal injury lawyer’s commitment to our clients drives us to provide compassionate support and aggressive advocacy, ensuring that every aspect of your claim is handled with the attention it deserves.
Our no-win-no-fee promise further emphasizes our commitment to your success, allowing you to focus on recovery without the stress of upfront legal costs.
With Sam Aguiar Injury Lawyers, you gain a partner who is deeply invested in achieving the best possible outcome for you.
How a Lawyer Assists in Lexington Motorcycle Accident Claims
Securing a strong lawyer for a motorcycle accident claim is crucial. Our lawyers at Sam Aguiar Injury Lawyers bring experience in dealing with aspects unique to motorcycle accidents, from thorough case evaluation to establishing liability. Our lawyers will work on your behalf to gather comprehensive evidence, including accident reports and medical documentation, and leverage expert testimonies to build a strong case. We’ll calculate damages to cover the full spectrum of losses—medical expenses, lost income, and pain and suffering—ensuring the compensation you receive truly reflects the accident’s impact.
We are experienced in negotiating with insurance companies and will fight opposing counsel’s efforts to minimize payouts. When necessary, we are prepared to represent you in court, advocating passionately to secure a favorable verdict. Throughout the legal process, we will provide you essential legal guidance, provide you with up-to-date information to make informed decisions, and fiercely protect your rights.
Choose us as your representation so we can fight for justice and fair compensation in your Lexington motorcycle accident claim.
Lexington Safety Equipment Laws in Motorcycle Accidents
Lexington’s motorcycle safety laws are governed by KRS 189.285. According to the statute:
“(1) A person shall not operate a motorcycle on a highway: (a) Except when that person is in possession of a valid motorcycle operator’s license; and (b) Unless that person uses an approved eye-protective device, in the manner prescribed by the secretary of the Transportation Cabinet, at all times such vehicle is in motion; and (c) Unless the motorcycle is equipped with a rear-view mirror as required under KRS 189.130. (2) The following persons shall be required to wear protective headgear, in the manner prescribed by the secretary of the Transportation Cabinet, at all times the motorcycles they are riding are in motion on a public highway: (a) A person under the age of twenty-one (21) years who is operating a motorcycle or who is a passenger on a motorcycle or in a sidecar attachment; (b) A person who possesses a motorcycle instruction permit and who is operating a motorcycle; and (c) A person who has held a valid motorcycle operator’s license, or combination motor vehicle-motorcycle operator’s license, for less than one (1) year and who is operating a motorcycle.”
What this means is that all motorcycle riders and passengers under the age of 21 are mandated to wear helmets, a regulation aimed at reducing the risk of head injuries. Additionally, the statute requires all riders, regardless of age, to use eye protection unless the motorcycle is equipped with a windscreen. While riders over the age of 21 are not legally required to wear helmets, the absence of a helmet during an accident can significantly impact injury claims, particularly when assessing the extent of head injuries and determining damages. Kentucky’s comparative negligence laws can impact the recovery of the victim depending on whether safety equipment was used.
Comparative Negligence in Lexington Motorcycle Accidents
The principle of comparative negligence allows for the allocation of fault among all parties involved in an accident. The law is outlined in KRS 411.182:
“Allocation of fault in tort actions — Award of damages — Effect of release. (1) In all tort actions, including products liability actions, involving fault of more than one (1) party to the action, including third-party defendants and persons who have been released under subsection (4) of this section, the court, unless otherwise agreed by all parties, shall instruct the jury to answer interrogatories or, if there is no jury, shall make findings indicating: (a) The amount of damages each claimant would be entitled to recover if contributory fault is disregarded; and (b) The percentage of the total fault of all the parties to each claim that is allocated to each claimant, defendant, third-party defendant, and person who has been released from liability under subsection (4) of this section. (2) In determining the percentages of fault, the trier of fact shall consider both the nature of the conduct of each party at fault and the extent of the causal relation between the conduct and the damages claimed. (3) The court shall determine the award of damages to each claimant in accordance with the findings, subject to any reduction under subsection (4) of this section, and shall determine and state in the judgment each party’s equitable share of the obligation to each claimant in accordance with the respective percentages of fault.”
A motorcycle accident victim can still recover damages even if they are partly at fault. However, the compensation awarded is reduced by the percentage of fault attributed to the victim. For example, if a motorcyclist is found to be 20% responsible for an accident due to speeding and the total damages amount to $100,000, the motorcyclist’s compensation would be reduced by 20%, resulting in an award of $80,000.
Comparative negligence can significantly impact the outcome of a claim, as even minor actions by the motorcyclist, such as lane splitting or not wearing additional safety gear beyond the state-mandated helmet and eye protection for those under 21, can affect the distribution of fault and, consequently, the amount of compensation recoverable.
Contact Our Lexington Motorcycle Accident Lawyers Today
If you are facing the challenges following a Lexington motorcycle accident, reach out to our team of lawyers at Sam Aguiar Injury Lawyers. Our dedicated team brings a wealth of experience in handling motorcycle accident claims.
With a proven track record of securing favorable outcomes for our clients, we’re committed to ensuring that your rights are protected and that you receive the compensation you deserve. From negotiating with insurance companies to representing you in court, our Lexington motorcycle accident lawyers are here to provide the comprehensive support and aggressive advocacy you need.
Contact Sam Aguiar Injury Lawyers today for a free consultation, and let us take the first step towards securing justice for you.