Louisville's Leading Motorcycle Accident Law firm
Motorcycle Accident Attorneys Serving All Of Kentuckiana
If you were hurt in a motorcycle accident, we want to help you get 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 you’re 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 we’re 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 our Louisville motorcycle accident lawyers. With our No Fee Guarantee®, you won’t pay us attorney’s fees unless we get money for you.
Frequent Causes of Motorcycle Accidents
In 2023, there were 508 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.
The Difference Between Car Accident & Motorcycle Accident Lawsuits
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 damage, spinal injuries, and broken bones. In Kentucky, motorcycles make up 7% of vehicles involved in deadly collisions but less than 1% of vehicles in all accidents. This means you’re seven times more likely to suffer fatal injuries as a rider in a collision than the occupants in another vehicle.
The serious nature of these injuries means longer 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 motorway laws. Here in Kentucky, riders are only required by law to wear helmets until age 21, after which it is up to the rider’s discretion. This is not true for our neighboring states:
- In Tennessee, Virginia, and West Virginia, all motorcyclists are required to wear helmets, regardless of age.
- Missouri requires helmets until age 26.
- Ohio and Indiana require helmets until age 18.
- Illinois has no helmet requirements at all.
Whether or not you were following the law at the time of your motorcycle accident can impact your case, especially if it goes to trial. This is because the insurance company can use this as evidence that you contributed to your own injuries.
Our team at Sam Aguiar Injury Lawyers has handled many motorcycle accident cases and knows the ins and outs of state motorway laws in Kentucky and beyond. You can trust our experience to recover the compensation you deserve.
Damages Injured Motorcyclists Might Be Entitled To
- Medical Expenses: This covers hospital bills, medication costs, physical therapy, and any other medical treatments resulting from the crash.
- Lost Wages: This includes compensation for the income you were unable to earn because of your injuries from the motorcycle crash. It covers the full 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 the cost of repairing or replacing your motorcycle and any other personal property damaged in the crash.
- Loss of Enjoyment of Life: This compensation is for the reduced quality of life or inability to enjoy hobbies and activities you loved before the motorcycle accident due to your injuries or mental distress.
Understanding Negligence in Kentucky Motorcycle Accidents
In vehicle collisions, including motorcycle crashes, Kentucky uses a pure comparative fault approach to liability. This means both parties can be held responsible for a portion of the damages resulting from the collision, 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 you are legally required to do so. A jury determines you are 25% at fault for your injuries. If you win $30,000, you’d only receive about $22,500 of that amount (25% percent of your $30,000 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 fair settlement for your injuries.
Let Our Motorcycle Accident Lawyers 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, improving 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 on your behalf to resolve these disputes and secure the compensation you deserve.
Get Experienced Legal Help Now
At Sam Aguiar Injury Lawyers, we know Kentucky 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 for you to pay any upfront retainer or hourly charges. Our payment is contingent upon securing a successful settlement or verdict for you.
How long do I have to file a motorcycle accident claim?
You have two years to file a motorcycle accident case in the Kentucky court system from the date of your crash. While this may seem like enough time, starting your claim as soon as possible after a crash is important. Most insurance companies require you to report the collision within a few days, and the negotiation process can take several months.
Filing early can help preserve evidence and ensure your legal team has time to compile a strong case.
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.
Free Consultation Right Now
We’re available 24/7. If you can’t come to us, we’ll come to you! Your case evaluation is completely free and you get our no fee guarantee!
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