Comparative Fault in Motorcycle Accidents | Learn More

What to Do if You Share the Fault in a Motorcycle Accident?

if you were only partially at fault in a motorcycle accident in kentucky, you should still be eligible for compensation, stock for website

 


If you were only partially at fault in a motorcycle accident in Kentucky, you should still be eligible for compensation. Kentucky is a comparative fault state, so it’s important to establish the degree to which each party is at fault. Unfortunately, too many people don’t reach out to a motorcycle accident lawyer, inadvertently admit fault early in the process, and lose out on money to which they might otherwise have been entitled.


What Is Comparative Fault in Kentucky?

Comparative fault refers to a legal doctrine in which each party’s responsibility is determined relative to the others involved. Kentucky is one of several states where comparative fault prevails in tort law. In practice, this doctrine means that if you’re 50 percent responsible for an accident, you can only recover 50 percent of the damages.

 


What To Do If You Have a Motorcycle Accident

If you’ve been in a motorcycle accident, take the following steps. While you may be disoriented, following these steps will help you maximize your odds of a successful outcome.

Get to Safety

The very first thing you need to do is get yourself and others to safety. Move away from the scene of the accident and oncoming traffic. The last thing you want to do is make the accident worse. Get to a safe distance immediately if your vehicle or any other vehicle involved in the accident is smoking or on fire.

Call the Police

Whether in a major accident or a minor fender bender, it’s best to call the police once you’ve gotten to safety. In an accident, emotions can get rather heated, so it’s important to have a neutral third party on hand who can diffuse tensions. Moreover, when it comes to law enforcement and insurance agency-led investigations, investigators will closely scrutinize the on-the-scene police report, weighing it more heavily than the accounts of each party. If you don’t have one, you may find it more difficult to obtain the compensation you seek.

Do Not Admit to Fault Prematurely

Too many accident victims torpedo their chances of recouping damages by inadvertently admitting fault. Admitting fault doesn’t always take the form of a full-on confessional (although some victims, distraught and shaken up by the accident, do just that). It’s perfectly acceptable to ask if the other party is physically okay and exchange contact and insurance information. However, besides these things, you should keep quiet, reserving any comment for the police officer who arrives or a reputable motorcycle accident lawyer.


Gather Evidence

While you’re waiting for the police to arrive, gather evidence to the extent possible. Or have a loved one do it for you. Your smartphone is handy in this regard. Use it to take pictures  and video of the scene, the lighting, brake marks and other roadway evidence and debris, the other driver’s vehicle, etc. You can and should identify witnesses and gather their contact information while you wait as well. If a bystander shares what they saw while waiting for the authorities, ask them politely if they’re willing to let you record them saying it. This will be strong ammunition for your lawyer to jumpstart the case with leverage. The more evidence you gather at the scene, the easier it will be to determine who was at fault and to what degree.


Contact a Motorcycle Accident Lawyer

Most people at this stage will start filing an insurance claim. After all, insurance companies make it so easy with mobile apps that allow you to start a claim in minutes. But that’s not the best approach to take. Any narrative or items you file with your claim are considered evidence by the insurance companies in their own investigation, and you may not be offering a complete picture.

Insurance companies strive to pay the least they are legally entitled to. You’ll want to talk to a lawyer before you speak with a claims investigator to make sure you’re providing them with the evidence that best supports your claim.

After you’ve spoken with a lawyer, your lawyer will engage your insurance company so you can focus on healing. With the help of an experienced motorcycle accident lawyer, victims will be able to successfully navigate the claims process and avoid falling victim to shady insurance practices. These claims occur when an insurance company doesn’t handle your case appropriately, either by unfairly trying to deny you what they owe or through negligence. You’ll want a lawyer by your side to help you handle these claims, as well as your personal injury lawsuit.


What Will A Motorcycle Lawyer Do for You?

When you call Sam Aguiar Injury Lawyers, you’ll benefit from an experienced team of lawyers who know the ins and outs of personal injury law, the local court system, and the insurance claims investigation process. We are available to contact 24/7 and will provide a case evaluation completely free of charge. And if you work with Sam Aguiar Injury Lawyers, we’ll help you build the kind of case that clearly demonstrates who’s at fault and gives you the best chance to recover the damages you’re owed. If you’ve been in a motorcycle accident, contact us at Sam Aguiar Injury Lawyers today and take the first step toward getting the compensation you deserve.

4.8
Based on 695 reviews
Roy L.
I wanna say first off thank you to Sam Aguilar such a great and wonderful hospitality home feeling attorneys office. They are so helpful. Nice wonderful make you feel like you’re at home and you’re with your family. They are worried more. They are helpful. They don’t leave you clueless I wanna say I give the UP MOST Respect to chymez an Payton they never gave up an they where so determined that I felt I should’ve helped them. I just wanna say thank you for all you have done and I wish you guys the best.
Matthew P.
I highly recommend Sam Agiar and his law firm for their exceptional service and results. After my accident, Sam fought relentlessly to secure the largest possible settlement while also negotiating significant reductions in my medical bills. Even when I was wrongfully found 30% at fault—which could have drastically reduced my compensation—Sam demonstrated incredible integrity by voluntarily lowering his firm’s fee by 30% to ensure I received fair treatment.

What truly impressed me was Sam’s personal commitment to his clients. Unlike many law firms where you have to navigate a maze of receptionists or automated systems, Sam answers his phone directly. This level of accessibility made me feel valued and reassured throughout the entire process. He was always available to answer questions, provide updates, and offer support.

If you want a lawyer who combines aggressive advocacy with genuine care for his clients, Sam Agiar is the best choice. Thank you, Sam and team, for your dedication and outstanding results!
Treasure S.
Sam Aguiar and his staff (more specifically Christine and Abi) were amazing to work with! Lawyers that have your best interest in mind. A wonderful experience overall, thanks again 💙💙
Timothy J.
Everyone I ever spoke with at the office was amazing always very friendly and courteous Jordan Hatfield and his team took excellent care of me anytime I called or needed anything they were fast and attentive and the results were phenomenal
Alisha S.
Mr.Sam Aguilar and his team are a wonderful, loyal people and besides you’ll are an excellent, caring and very professional lawyer firm. Thanks for all you’ll have done.❤️
Brandy S.
I can’t say enough great things about Sam Aguiar Injury Lawyers. From day one, Nick and Sam went above and beyond to make sure I was fully restored after my accident. They took the time to walk me through every step of the process, making sure I understood everything along the way. It never felt like just another case to them—they fought for me as if they were fighting for themselves. Their dedication, expertise, and genuine care made all the difference. If you need a personal injury lawyer who will truly have your back, this is the team you want.
l M.
There service was excellent, kept in touch with me made sure that I paid nothing out of pocket, and when the settlement was over made it easy to get paid, I didn't have to go to the office they came to .me
I'm glad I chose this law firm
Robyn W.
The process was as easy and straightforward as anyone can make it. Austin and team were responsive and attentive to my needs at all times . I was very grateful to have Sam Aguiar fighting for me during this difficult time. I definitely recommend this firm for resolving auto accidents.
Erica N.
Working with Sam Aguilar was amazing I had Austin Johnson who made my whole experience easy and peaceful. Never once was I not in the known during my whole process. They definitely deserve more than 5 stars. Thank you
Shelby S.
The Sam Aguiar took care of myself and my husband, I appreciate the Quick and truthful efforts of the Sam Aguiar family. Went above and beyond my expectations and I am grateful for the work they put in on our behalf.
js_loader
Contact Us