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 acceptable to ask if the other party is physically okay and to exchange contact and insurance information. However, you should keep quiet besides these things, reserving any comment for the arriving police officer or a reputable motorcycle accident lawyer.
Gather Evidence
While 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 also identify witnesses and gather their contact information while you wait. 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 potent 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 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 can 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 free of charge. And if you work with Sam Aguiar Injury Lawyers, we’ll help you build the kind of case that 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 today and take the first step toward getting the compensation you deserve.
Call now at 502-888-8888
Louisville Office
1900 Plantside Drive
Louisville, KY
(502) 888-8888
Lexington Office
620 W. Main St.
Lexington, KY
(859) 888-8000
Remember, the insurance company has a team of professionals working to minimize your claim from day one. Shouldn’t you have experienced Kentucky motorcycle lawyers fighting for your rights?
