Motorcycle Accident Lawyers in Owensboro
The Bluegrass State is uniquely situated geographically to experience neither the extreme heat of the south nor the bitter cold of the northern United States, meaning that riding a motorcycle is an option nearly all year long in most parts of Kentucky.ย
There were more than 99,700 registered motorcycles in Kentucky in 2021, and though there is nothing like the feel of the open road, riding a bike is inherently dangerous and often listed as one of the most dangerous ways to travel. Unfortunately, motorcycles do not usually fare well in collisions with other vehicles, often resulting in catastrophic injuries. Even a low-speed crash can lead to serious injuries due to the lack of protection compared to enclosed cars.
While obeying traffic regulations will prevent most accidents, motorcyclists face unique dangers. Drivers often fail to see motorcycles in blind spots or follow posted speeds, which can lead to crashes. These collisions often result in serious injuries like head trauma, spinal injuries, or fractures, which can have long-term impacts on a riderโs life. Long-term consequences can include chronic pain, limited mobility, or permanent disability, affecting not only daily activities but also the ability to work and maintain independence.
If you or a loved one have been in a motorcycle accident caused by someone elseโs negligence, an experienced Owensboro motorcycle accident lawyerย from Gerling Law Injury Attorneys can help you obtain the compensation you deserve for what you have been through.ย
How Common are Motorcycle Accidents in Kentucky?
Motorcycle accidents occur more often than many people realize and the numbers can be alarming. According to the National Safety Council, motorcycles accounted for 14% of all traffic fatalities in the US, even though they made up only 3% of all registered vehicles. This shows how vulnerable motorcyclists are on the road, especially in crashes involving larger vehicles. Between 2011 to 2021, motorcycle-related deaths increased by 19%, and they do not appear to be slowing.
In Kentucky alone, crashes involving motorcycles totaled 1,575 in 2022, resulting in 99 fatalities. Moreover, while motorcycles represent less than 1% of vehicles in all Kentucky collisions, they account for 7% of fatal collisions.
This disproportionate risk highlights the dangers motorcyclists face, including poor road conditions and the negligence of other drivers. Understanding these statistics can help riders make safer choices and pursue legal support after an accident. An Owensboro motorcycle accident lawyer can help you understand your rights and seek compensation for injuries and losses.
Who Is Liable for an Owensboro Motorcycle Accident?
If you were injured in a motorcycle accident and it wasnโt your fault, you may have a legal right to seek compensation. It is important to know who to bring the claim against. Seeking counsel from motorcycle accident lawyers in Owensboro, KY, can ensure that you accurately determine who is liable. A lawyer can identify all potential sources of compensation, as multiple parties may be at fault.ย
Many motorcycle accidents are caused by drivers who fail to follow basic traffic laws or pay attention to motorcycles on the road. Here are some common ways that negligent driving causes motorcycle accidents:
- The driver was distracted and did not see the motorcycle,
- The driver was speeding and could not stop in time,
- The driver failed to yield when appropriate,ย
- The driver cut off the motorcycle without correctly gauging their speed,ย
- The driver did not signal before merging,
- The driver did not provide enough room for the motorcycle, or
- The driver failed to check their blind spot.ย
A vehicle driver may not be the only liable party. For example, if a commercial vehicle was involved, the company that employs the driver could be held responsible. In some cases, there may not be a driver involved at all. The government (local, state, or federal) usually has the duty to maintain roadways. If the condition of the road caused the accident, such as potholes or unclear signage, the government entity may be liable. Your Owensboro motorcycle accident attorney will evaluate the circumstances of your accident to determine who was legally at fault.ย
What If You Were Not Wearing a Helmet?
Motorcycle helmet laws vary across states, and the risk of fatalities is significantly higher in those without universal helmet laws. In 2020, 57% of motorcyclists killed in states without universal helmet laws were not wearing helmets, as compared to 11% in states with universal helmet laws. Wearing a helmet is always a good idea, but it is not required for everyone in Kentucky.ย
In the Bluegrass State, a person may operate a motorcycle without a helmet if they are over 21 and have held a motorcycle license for one year or more. Motorcycle passengers must be 21 or over to ride without a helmet.ย
If you were required to wear a helmet but did not, you are not barred from recovery. In some situations, not wearing a helmet may be viewed as a contributing factor to your accident. You can be partially at fault in Kentucky and still seek damagesย under the stateโs comparative negligence rule, but your award will be adjusted based on your percentage of fault. For example, if you are found 20% at fault for not wearing a helmet, your compensation will be reduced by 20%.
Not wearing a helmet is most likely to affect claims related to head and neck injuries, as insurers may argue that some injuries could have been prevented. But if your injuries are unrelated to head trauma (e.g., broken bones or internal injuries), helmet use may have little impact on your case.
Experienced motorcycle accident attorneys in Owensboro, KY, can help acquire evidence on the accidentโs actual causes and injuries rather than helmet use to ensure you are not accused of being more at fault than you actually were.ย
How can an Owensboro Motorcycle Injury Lawyer Help Me File My Claim?
Most motorcycle accidents start as insurance claims. Kentucky is a no-fault state, meaning your initial claim will be filed with your insurance company. Kentucky drivers are required to carry personal injury protection (PIP) coverage, but it may not cover all your needsโespecially with serious injuries like broken bones or head trauma
In these cases, you might need to file a claim with the at-fault driver’s insurance. It is important not to accept a low offer from insurance companies. Your Owensboro motorcycle accident attorney can negotiate on your behalf to secure a fair outcome.
If negotiations donโt work out, your lawyer may suggest filing a lawsuit to pursue the compensation you deserve. Many insurance companiesย offer low settlements in hopes that you will accept them because some compensation is better than none. That is not true. These fast settlements can leave you with long-term medical bills or other expenses that arenโt fully covered. Do not settle for less than what you deserve.
Acting quickly is also essential, as Kentucky law generally allows two years from the accident date to file a claim. Missing this deadline could mean losing your chance to seek what youโre entitled to.
What Evidence Should I Collect After an Owensboro Motorcycle Accident?
After a motorcycle accident, gathering evidence can make a big difference in your claim. Photos are especially usefulโtake pictures of the accident scene, your motorcycle, road conditions, and any injuries you have. This visual evidence helps establish what happened.
Other valuable evidence includes:
- Police reportsโdocuments provide an official account of the accident and include witness statements;
- Witness informationโnames and contact details of individuals who can support your version of events; and
- Medical recordsโdocuments showing the extent of your injuries and the treatments received.
Your motorcycle injury lawyer can assist in gathering additional evidence, such as traffic camera footage or expert opinions, to help build a solid claim.
What Types of Compensation Can I Receive After an Owensboro Motorcycle Accident?
Motorcycle accidents often result in various expenses and long-term effects. You might be eligible for several types of compensation, including:
- Medical expenses. This covers emergency care, surgeries, rehabilitation, and ongoing therapy. If you need long-term treatment, those future costs can be part of your claim.
- Lost wages. This includes both short-term inability to work and long-term effects on earning potential. If you need to switch jobs or reduce hours due to injuries, that can be included in the claim.
- Pain and suffering. This goes beyond physical injuries to account for the emotional toll, such as anxiety, depression, or reduced enjoyment of life.
- Other related expenses. This may include home modifications, mobility aids, or other adjustments needed for permanent injuries. If you require a wheelchair ramp or special bed, those costs can be claimed.
Your Owensboro motorcycle accident lawyer will consider all damages and aim for compensation that matches the impact on your life.
What Are the Benefits of Hiring a Motorcycle Injury Lawyer?
You donโt have to handle everything alone after a motorcycle accident. An Owensboro motorcycle accident lawyer can guide you through the process. Hereโs how they can help:
- Communicating with insurance companies. Your lawyer will handle all discussions with adjusters to protect your interests and prevent low offers.
- Managing paperwork. Your lawyer will draft and file legal documents, ensuring accuracy and timely submission.
- Finding other sources of compensation. Your lawyer will explore all possible sources, including third-party claims if defective parts or poor road maintenance contributed to the accident.
- Providing updates. Theyโll keep you informed about your case, explaining whatโs happening and what to expect next.
This support allows you to focus on your recovery while knowing that your legal matters are being handled.
Gerling Law's Guide to VA Disability Benefits
Questions about your VA disability claim, benefits, or appeal? We've got a free guide available right now. Complete the form below and we'll email you a link to download the guide directly.
Over $500 Million in Recoveries
Knowledgeable, professional, and easy to talk with. Gerling Law Injury Attorneys provide a truly exemplary example of a metropolitan law firm that still cares for the welfare of the little guy who needs great representation! - Tresa H.
Contact an Owensboro Motorcycle Accident Lawyer
The team at Gerling Law Injury Attorneys has secured multiple multi-million dollar motorcycle accident verdicts for victims in Kentucky and surrounding states. We understand what it takes to prove your case and help you get the compensation you need and deserve. We have over five decades of experience and are committed to pursuing justice on your behalf. Contact us to schedule your free case consultation.