Motorcycle Accident? Get What You Are Owed
If you or a loved one were hurt in a motorcycle or any other motor vehicle accident, we want to get you top compensation for your medical bills, lost wages, and pain and suffering. Even if you’re a cautious rider, accidents caused by the negligence of other drivers can still happen. As a motorcycle rider, you face a much higher risk of injury in a collision, with statistics showing you’re 24 times more likely to get hurt compared to passengers in cars.
Additionally, when seeking compensation from insurance companies, you might encounter biases that can impact the value of your claim that other road users don’t have to deal with. At Sam Aguiar Injury Lawyers, we know the risks motorcyclists face on the road, and our motorcycle accident attorneys in Louisville are here to help ensure your side of the story gets heard.
You shouldn’t have to pay out of pocket for a motorcycle accident that wasn’t your fault. Before you sign any paperwork from the insurance company, contact a Louisville motorcycle accident lawyer. Our law office has a Bigger Share Guarantee®, meaning you always get more. Plus, you won’t pay us attorney’s fees or case expenses unless we get money for you.
Why Choose Sam Aguiar Injury Lawyers
Choosing Sam Aguiar Injury Lawyers in your Louisville motorcycle accident claim means choosing a firm with legal knowledge, extensive experience with insurance negotiations, and an attorney-client relationship-centered approach to secure the maximum compensation in your claim.
Our personal injury law firm lets the results speak for themselves. Our proven track record demonstrates our success, highlighted by significant settlements and awards in various personal injury cases—including more than thirty results over seven figures in the past five years alone.
We aggressively advocate against insurance companies on behalf of motorcycle operators. We operate on a contingency fee basis, removing the burden of upfront legal fees and making our legal representation accessible immediately.
Our personal injury attorneys take on the challenges you are facing, including helping to resolve legally-related medical, insurance, and financial concerns post-accident. Our strong reputation in the Louisville legal community and legal peers makes us a trusted ally for motorcycle accident victims seeking to recover and move forward with their lives.
How a Lawyer Increases Your Recovery
Hiring our lawyers after a motorcycle accident in Louisville significantly increases your potential for a substantial recovery. Here’s how our lawyers will work to enhance your recovery prospects:
- Skilled Negotiation: Insurance companies aim to minimize payouts and are willing to use various tactics to undervalue claims, especially when dealing with unrepresented claimants. Our seasoned lawyers know how to negotiate with these companies and use the evidence to build a strong case for the full value of your claim.
- Thorough Investigation and Evidence Gathering: Proving fault and the extent of your injuries requires a thorough investigation and collecting compelling evidence. Our lawyers will use our resources to conduct detailed investigations, including [potentially reconstructing the accident scene, gathering surveillance footage, interviewing witnesses, and obtaining expert testimonies. Our comprehensive approach to evidence gathering strengthens your case to support your claim for damages.
- Accurate Valuation of Damages: Understanding the full extent of your current and future damages is crucial for securing adequate compensation. Our team is skilled in accurately assessing all potential damages you may have incurred, including medical expenses, lost wages, pain and suffering, and loss of quality of life.
- Trial Representation: If your case goes to trial, we will advocate in court, presenting evidence and arguing your case to a judge or jury. Our experience in courtroom procedures and trial advocacy can make a substantial difference in the outcome of your case.
- Peace of Mind: Our team of lawyers will work for you to provide you with peace of mind during a stressful time. Knowing that a knowledgeable advocate is handling your case allows you to focus on recovery, confident that your legal rights are protected.
In summary, our lawyers will level the playing field against insurance companies and opposing parties by providing you with legal guidance and a strategic assessment. Our comprehensive support will significantly increase the potential for a more substantial recovery in your Louisville motorcycle accident claim.
Frequent Causes of Motorcycle Accidents
In 2023, there were 508 reported motorcycle crashes in Kentucky, resulting in serious injury and 103 that resulted in death for the rider. Some of the most common causes seen by our injury lawyers include:
- Failure to Yield: Drivers often fail to look for motorcycles at intersections, especially while entering roadways or turning left.
- Distracted Driving: Phone calls, smartphone apps, and passengers can distract drivers from seeing motorcyclists until it’s too late to prevent an accident.
- Unsafe Road Conditions: Potholes, construction debris, and inadequate warning signage put riders at risk of being thrown from their motorcycles while riding.
If you were hurt on a motorcycle and it wasn’t your fault, you have rights. Contact Sam Aguiar Injury Lawyers today for a free case review.
Car Accident vs. Motorcycle Accident Cases
Even though many motorcycle accidents involve collisions with cars, trucks, and other motor vehicles, these types of personal injury cases need to be handled differently than general automobile wrecks.
Motorcyclists are openly exposed on the road and are much more likely to suffer catastrophic injuries in the event of a crash, such as brain injury, organ damage, spinal cord injuries, road rash, and broken bones. In Kentucky, motorcycles make up 7% of vehicles involved in deadly collisions but less than 1% of cars in all accidents. This means you’re seven times more likely to suffer fatal injuries as a rider in a crash than the occupants in another vehicle.
The serious nature of these injuries means more extended hospital stays, expensive rehabilitation, and missed time at work. You need an experienced motorcycle accident attorney in Louisville who can maximize your claim with the insurance company and address all your expenses.
Another factor that differentiates motorcycle accidents from car accidents is state traffic laws. In Kentucky, law only requires riders to wear helmets until age 21. Then, it is up to the rider’s discretion. This is not true for our neighboring states:
- All motorcyclists in Tennessee, Virginia, and West Virginia must wear helmets regardless of age.
- Missouri requires helmets until the age of 26.
- Ohio and Indiana require helmets until the age of 18.
- Illinois has no helmet requirements at all.
Whether or not you were following the law during your motorcycle accident can impact your case, especially if it goes to trial. The insurance company can use this as evidence that you contributed to your injuries.
Our Sam Aguiar Injury Lawyers team has handled many motorcycle accident cases and knows the ins and outs of state traffic laws in Kentucky and beyond. You can trust our experience to recover the compensation you deserve.
What to Do After a Motorcycle Accident
Experiencing a motorcycle accident can be a traumatic event, but taking the proper steps immediately afterward can significantly improve the likelihood of a successful claim and facilitate recovery.
Ensure Safety and Seek Medical Attention
If possible, prioritize safety by moving to a secure location away from traffic. Call emergency services to report the accident and seek medical attention, even if injuries seem minor. Prompt diagnosis and treatment are essential for both health and legal reasons.
Gather Information
Collect detailed information from the accident scene, including photographs of the vehicles, damages, and the surrounding area. Document the names and contact information of all parties involved and any witnesses. This information is crucial for future claims.
Report the Accident
Notify your insurance company about the accident as soon as possible. Please provide them with factual information without admitting fault, which can affect your claim. Ensure that you also report the incident to local law enforcement if required.
Keep a Record of Medical Treatment
Maintain a comprehensive record of all medical treatments, including doctor visits, prescriptions, and rehabilitation. This documentation will substantiate your injuries and associated costs when negotiating your claim.
Call Us To Get A Lawyer Working Right Away
Engaging with a personal injury attorney who specializes in motorcycle accidents can provide essential guidance through the claims process. An experienced lawyer will help navigate the accident’s aftermath, protect your rights, and work towards achieving the compensation you deserve.
Following these steps can enhance your chances of a successful claim and support your recovery after a motorcycle accident.
Damages For Injured Motorcyclists
You may be entitled to various damages as an injured motorcycle rider or passenger after a crash. Our attorneys can help you pursue the following from the at-fault party in an insurance claim or lawsuit:
- Medical Expenses: This covers hospital bills, medication costs, physical therapy, and other medical treatments resulting from the crash.
- Lost Wages: This includes compensation for the income you could not earn because of your injuries from the motorcycle crash. It covers the entire period you’re out of work, whether for a few days or an extended duration, due to hospitalization, recovery, or ongoing medical treatment.
- Loss of Future Earnings Capacity: If the accident causes long-term health issues that affect your ability to work, this covers the expected loss in your future earnings, including any promotions or benefits.
- Pain and Suffering: This relates to the physical pain and emotional distress endured due to the accident and subsequent injuries. It is meant to compensate for anxiety, depression, and post-traumatic stress disorder (PTSD) due to the crash.
- Property Damage: This covers repairing or replacing your motorcycle and any other property damaged in the crash.
Understanding Negligence in Motorcycle Accidents
In Kentucky, negligence and comparative fault are pivotal in determining liability and compensation in motorcycle accident cases.
Proving Negligence
Understanding negligence is essential for establishing liability in motorcycle accident cases. The four elements of negligence that must be proven to succeed in a claim include the following:
Duty: The first element involves demonstrating that the defendant owed the motorcycle rider a legal duty of care. This can include responsibilities shared by motorists, manufacturers, government agencies, or other parties to ensure a safe environment and act in a manner that does not pose a risk to others.
Breach: Once a duty is established, the next step is to show that the defendant breached that duty. This could be driving recklessly, failing to maintain a motorcycle properly, or neglecting to repair hazardous road conditions that endanger motorcyclists.
Causation: This element requires a direct link between the defendant’s breach of duty and the motorcycle accident, meaning that if the defendant had acted differently, the accident would likely have been avoided.
Damages: Finally, the plaintiff must demonstrate that they suffered actual damages due to the accident. This can include physical injuries, medical expenses, lost wages, and pain and suffering. Establishing damages is crucial for quantifying the compensation sought in the claim.
Collectively, these elements form the foundation for assessing negligence in motorcycle accident cases and determining liability.
Kentucky uses a comparative fault approach to liability in vehicle collisions, including motorcycle crashes. This means both parties can be held responsible for some of the damages resulting from the crash, depending on their actions. Under this doctrine, your recovery award can be reduced by your assigned percentage of fault.
For instance, imagine you were in a crash due to another driver speeding, but you weren’t wearing a helmet when legally required. A jury determines you are 25% at fault for your injuries. If you win $300,000, you’d only receive about $225,000 (25% of your $300,000 reward is subtracted).
Our motorcycle accident attorneys at Sam Aguiar Injury Lawyers can help you minimize your percentage of fault under Kentucky law, helping you get a top settlement for your injuries.
Helmet Traffic Laws
KRS 189.285 mandates helmet use for certain motorcycle riders and passengers and can be relevant in assessing fault and damages. Failure to comply with the helmet law can affect the outcome of a claim for riders under 21, learner permit holders, or those with only a motorcycle instruction permit. For those injured in an accident while not wearing a helmet as required, this could reduce the compensation received. For riders over 21 who are not legally required to wear a helmet, the decision not to wear one might not directly impact fault assessments in the same way. However, it could still be a factor in discussions about the nature and extent of head injuries sustained in an accident.
Lane Splitting in Motorcycle Accidents
In Kentucky, no specific statute directly addresses lane splitting for motorcycles. Lane splitting is the practice where a motorcycle goes between lanes of stopped or slower-moving traffic or moves between lanes to the front of traffic stopped at a traffic light. Some states have laws that explicitly permit or regulate lane splitting, but Kentucky does not, which makes it a legal gray area. However, with no law allowing for lane splitting, the concept can be considered an unauthorized practice on Louisville roads and highways.
If an accident occurs while a rider is lane-splitting, fault determination can be complicated. Other motorists might not expect a motorcycle to pass them in slowed or stopped traffic and, as such, might inadvertently contribute to an accident. Insurance companies and courts might argue lane splitting as negligent or reckless behavior, impacting the motorcyclist’s compensation in a personal injury claim. The comparative fault rule in Kentucky, which reduces compensation by the injured party’s percentage of fault, could result in a lower settlement for the motorcyclist if they are found partially at fault due to lane splitting.
Preventive Measures for Motorcyclists
Motorcyclists must be extra careful on the roads due to the inherent risks associated with riding. To enhance safety and reduce the likelihood of accidents, there are several key preventive measures that motorcyclists should implement. Utilizing appropriate protective gear, such as helmets, jackets, gloves, and reinforced pants, is crucial for minimizing injury in the event of an accident. High-quality gear can significantly reduce the severity of injuries sustained on the road. Routine checks and maintenance of the motorcycle are vital. This includes inspecting brakes, tires, lights, and other essential systems to ensure the bike is in optimal working condition and can safely respond during rides.
Maintaining situational awareness while riding is imperative. Motorcyclists should continuously scan their environment for potential hazards, including other vehicles, pedestrians, and unpredictable road conditions.
Participating in advanced riding courses can equip motorcyclists with valuable skills and techniques to enhance their riding capabilities, improve their response to emergencies, and ultimately increase their safety on the road.
By adopting these preventive measures, motorcyclists can significantly mitigate risks and promote a safer riding experience.
Our Motorcycle Accident Lawyers Will Deal with the Insurance Company
Dealing with insurers after a motorcycle accident can feel overwhelming, and they might attempt to pressure you into accepting a settlement that falls short of what you are entitled to. Our attorneys recognize these challenges and can handle all negotiations on your behalf.
When you partner with us, we can take care of the following tasks for you, allowing you to focus on your recovery:
- Evaluate Your Claim: Our attorneys will thoroughly assess the value of your claim, taking into account all damages, to ensure the insurance offer is fair and comprehensive.
- Gather Evidence: We compile all necessary evidence, such as medical records and accident reports, to build a strong case and improve your chances of a favorable outcome.
- Negotiate Settlements: Our lawyers are skilled negotiators dedicated to securing the most favorable settlement that covers all your needs and compensation.
- Clarifying Policy Language: We help you understand the complex language of insurance policies, protect your rights, and ensure you are fully aware of your entitlements.
- Representing You in Disputes: If the insurer disputes your claim, we represent you, advocating to resolve these disputes and secure the compensation you deserve.
Contact A Louisville Motorcycle Accident Attorney Today
At Sam Aguiar Injury Lawyers, we know Louisville motorcycle law, and we want to help you get compensation for your medical bills, lost wages, and pain and suffering. There’s no risk or obligation to get a free case review, and we can even arrange to meet you off-site or on the weekend. Contact us to get started now.
Frequently Asked Questions
How much does it cost to hire a motorcycle accident lawyer in Kentucky?
Many personal injury attorneys, like our team at Sam Aguiar Injury Lawyers, operate primarily on a contingency fee model. This approach eliminates the need to pay any upfront retainer or hourly charges. Our payment is contingent upon securing a successful settlement or verdict for you.
How much can I get for my motorcycle accident claim?
Motorcycle accident settlements can vary based on the extent of your injuries, insurance policy limits, the quality of your evidence, and your legal team’s experience. At Sam Aguiar Injury Lawyers, we’ve won hundreds of millions on behalf of our clients. We can include all damages in your settlement demand, including all current and future medical expenses, the impact on your earnings, and the accident’s effect on your quality of life.