Bicycle Accident Attorney in Kentucky
Bicycles have been an increasingly common sight on the road as people try to find cheaper and more eco-friendly ways to get around. It is for this reason that our Kentucky bicycle accident attorneys at Farmer & Wright, PLLC are dedicated to protecting cyclists.
While useful, bicycles are not exempt from the dangers of the road. In fact, they are one of the most vulnerable in the event of a car crash or truck accident since they are smaller, lighter, and slower than the motor vehicles they share roads with.
To make matters worse, Kentucky was found to rank 49 out of all 50 states for bicycle safety because the bike network system in Kentucky has not been developed well. To compensate for this, it is best to revisit the bike rules in place in Kentucky. Roads were built for everyone and everyone must be able to use it equally. If you were involved in a bicycle accident, schedule a consultation with our Kentucky bicycle accident attorneys today.
Traffic Rules for Bicycles in Kentucky
The traffic rules for bicycles are found in the Kentucky Revised Statutes under Chapter 189, Title XVI, as well as the Kentucky Administrative Regulation Section 601 (bicycle safety standards).
Keep to Bicycle Lanes
According to these laws, bicycles are to be treated mainly as vehicles, not as pedestrians. This grants you, a Kentucky cyclist, the use of roads, along with the responsibility of obeying stop signs and other traffic rules imposed on vehicles. However, you must keep to bicycle lanes when feasible, and, unlike other vehicles, you may ride on the shoulder of a highway.
Generally, bicyclists are not allowed to ride on sidewalks because they might bump into pedestrians and doors, especially if they are going the wrong way. However, it is permitted in some smaller towns. Additionally, when riding on the road, bicyclists must stick to the right side as much as possible, but they may ride away if needed, if, for instance, there are potholes or if the cyclist intends to make a left turn.
Lights and Reflectors
Similar to when using other vehicles, you must have lights and a red rear reflector at night or in the dark which will allow you to both see and be seen by others. You are also required to be able to make a sound as a warning when passing pedestrians or other cyclists. This can be done with the aid of a bell or simply with your voice.
Bike Capacity
As a rider of a vehicle, you must also keep in mind the maximum capacity of the bike that you’re riding, which in most cases is only one person. Tandem bikes and baby carriers are exempt from this rule.
One Hand on the Handlebar
Bicycle riders must always keep at least one hand on the handlebar and not grab onto other vehicles including other bikes and automobiles. They must also use their free hand to signal other vehicles when they are turning, slowing down, or stopping.
Biking Under the Influence
Most importantly, bicyclists are not allowed to ride when under the influence of alcohol or other substances. It goes without saying that DUI puts yourself and others in danger.
Apart from the rules, it is also important to talk about the accidents that may arise from riding your bicycle on the road. Knowledge of the possible injuries allows you to better anticipate the bad things that may happen and react better to these when they do occur.
Injuries from Bike Accidents
Minor Injuries
Minor injuries result from accidental falls and slips. These usually only result in bruises, abrasions, strains, and lacerations. In more serious cases, fractures may occur which are exhibited by bruising, difficulty or complete inability to move the affected area, pain, and swelling.
Minor injuries usually do not need medical attention and may be remedied by first aid kits and simple home remedies. However, if you believe you have fractured a bone or have debris in your wounds, you should seek medical attention as soon as possible.
Head Injuries
Head injuries are actually more common than people think, occurring in 22% to 47% of all bicycle injuries. Head injuries also cause 60% of bicycle-related deaths. Injuries to the head can cause concussions, brain damage, and permanent disability.
If you are in a bicycle accident and have hit your head, you must immediately seek medical attention even if you feel fine. The head is a very fragile body part and disregarding injuries may be the start of serious debilitation. It is also for this reason that cyclists must always wear helmets when riding.
Traumatic Injuries
Traumatic injuries represent the worst injuries that a biker can get into. These include severe concussions, cranial hemorrhaging, skull fractures, rib fractures, splenic ruptures, pancreatic trauma, and bowel contusions, among others.
When involved in an accident be sure to check yourself first – try to take in deep breaths and palpate your chest and abdomen. Your torso contains some of your most vital organs and you should check if there was any severe trauma or sore spots. Do also check your head, spine, and neck for any injuries.
If you find that you don’t have much noticeable injuries, you might be safe – for now. Severe debilitating injuries don’t often show up right after the accident- some take weeks before exhibiting life-changing effects. So you should seek medical attention as soon as possible after an injury, no matter how mild it may seem.
Why You Need A Paducah Bicycle Accident Attorney Right Away
Apart from getting medical help, you also have to get legal help especially if the accident was caused by someone else. If you were involved in an accident by the fault of another, be sure to contact a Paducah KY personal injury lawyer at Farmer & Wright, PLLC immediately to ensure that your rights as a victim are upheld.
Legal Knowledge and Experience
Traffic and cycling laws differ by state and what is legal in some states might not be legal in Kentucky; some rules even vary by town. Getting a local personal injury lawyer will ensure that your lawyer has the knowledge and experience that is applicable in your local jurisdiction.
A Paducah bicycle accident attorney’s experience is also very important, because when you are involved in an accident, the party at fault and your insurance company might try to get you to make mistakes so that they can execute a loophole to clear themselves of any fault or obligation.
A personal injury lawyer who studies the local laws closely will be more resistant to these attacks and can advise you so you can avoid these mistakes.
Gathering Evidence
Relevant evidence is what makes or breaks a case. An experienced accident lawyer will know how to best gather evidence and identify which evidence will be best to use in court. He will know how to go about acquiring CCTV footage as well as key witness’ statements and other pertinent forms of evidence.
Negotiating with Insurance Companies
Insurance companies will want to pay you with as little compensation as they can get away with. In contrast, an experienced personal injury attorney will paint you a better picture of the total cost of an accident you were involved in.
Physical damages such as injuries and property damage are more easily seen and more easily quantifiable in an accident, but there are actually more things you could be compensated for including medical expenses, lost wages, lost opportunities, pain and suffering, emotional damage, and so on.
Our bicycle accident will be more truthful about you with this and will negotiate with your insurance provider to get you compensated fairly, so talk to one of our personal injury lawyers today.
Not Missing Deadlines
One of the gravest errors some people make when involved in an accident is missing the deadline, also known as the statute of limitation. There are statutes of limitations for when you can take issues to court, and missing them almost ensures that you have lost the battle before it has begun.
Recovering from accidents is no easy feat even without all the legal issues you have to deal with- managing medical bills, getting back to work, getting repairs, and most importantly, recovering. Doing all these tasks is already hard enough so let us deal with the legal end of your accident so you can focus on the things that matter.
If you were involved in a bicycle accident, be sure to immediately contact a bicycle accident attorney. Our Kentucky bankruptcy attorneys and personal injury lawyers at Farmer & Wright PLLC have handled many personal injury cases and are committed to using their experience to protect accident victims and help you be compensated justly as afforded by your legal rights.
Call us at 270-418-2038 to get started with your accident claim today.
Kentucky Statute of Limitations on Car Accidents
If you have been involved in a car crash because of someone’s error, you have every right to take things to court and sue the violating party for compensation on the grounds of personal injury and negligence and liability. With the help of an experienced Paducah personal injury attorney, you can even demand compensation for your pain and suffering, medical bills, and for damages.
What To Do After A Car Accident
Gather Evidence
If you have been involved in an accident, the very first step that you should take is to collect evidence pointing towards being involved in an accident and showing that the other driver was at fault. This includes photos and videos of the accident, as well as witness statements. Even if you do not take it to court, the evidence will still be useful for filing a claim from your insurer.
Keep Receipts and Medical Bills
You should also be mindful of all the expenses going towards repairs and treatment. If you were hospitalized, be sure to keep your hospital bills as well as the medication and products you may have needed. You want to be able to be reimbursed for as much of your expenses as you can.
Remember that if these expenses exceed $1,000 you are exempted from following the no-fault policy and are legally allowed to ask for reimbursement from the other driver’s insurer. If they do not agree, you are also legally allowed to take things to court.
Record Work Absences
Do also keep track of the days when you had to miss work. The wages that you do not get to receive because of missed days due to the accident are also reimbursable to you.
Why get a Paducah Car Accident Attorney Right Away?
If you were in an accident within the state, it is best to contact a Paducah, KY personal injury attorney here at Farmer & Wright PLLC right away for a couple of reasons.
Preserving Evidence
Our Paducah car accident attorneys will help you collect and preserve all the evidence that will be pertinent to your case including CCTV recordings and even witness statements who might not remember the accident too well if allowed to wait.
Avoid Mistakes
Being involved in an accident means both the person who faulted you and the insurance company will try to downplay and devalue your claim. Our experienced Paducah KY car accident attorneys are familiar with the tactics that they might use to do this and we will advise you against them and help prevent them from getting a foothold to do these.
Negotiating with the Insurance Company
Insurance companies will generally underestimate accidents as low as they can, but our Paducah personal injury lawyers from Farmer & Wright PLLC can give you a more accurate cost of the damages you suffered. We’ll make sure to include all your expenses and lost wages and help you with settlement negotiations to help you get what you deserve.
Not Missing the Statute of Limitations
Of course, it’s not easy to keep track of the statute of limitations if you’re not familiar with state laws. As a Kentucky personal injury law firm, our experienced Paducah personal injury attorneys at Farmer & Wright, PLLC are knowledgeable of both federal laws and state laws that will apply to accidents in Kentucky, including the processes and the limitations associated with it.
If you were the victim of a car accident, you don’t just want to get compensated — you deserve to get compensated. We believe that it is unjust for you to be wrongfully involved in an accident and then be expected to shoulder all the costs associated with you getting better. Contact us today to find out how our Kentucky personal injury lawyers can help protect your rights as a victim.
Kentucky Car Accidents Comparative Negligence
According to the Kentucky Revised Statutes, Kentucky is a pure comparative fault state. This means that while a jury can decide that the defendant is at fault for the accident, the jury can also decide that you have blame to share. They will determine what percentage of the accident was your fault which will then be deducted from the amount the jury thinks is the cost of the accident towards you.
Of course, there is no standard metric for how to determine the percentage of blame, so this is why you should be able to convince the jury well that most, if not all, of the blame is the other driver’s and you must also be able to include all the costs of the accident.
As a victim in an accident, the only thing you should be worrying about is recovering and getting better. Allow our Kentucky personal injury lawyers from Farmer & Wright PLLC to handle the legal aspects of the accident.
No-Fault Car Insurance Laws in Kentucky
Another thing to note is that Kentucky is a no-fault car insurance state. This means that for crashes within the state, both the person at fault and the affected party must file claims from their own injury protection facility first. You may only file a lawsuit against the other driver if the accident has caused “significant injury” and if the medical fees exceed a certain threshold.
Specifically, under Kentucky state law, this means the claimant was permanently disfigured; had a weight-bearing bone fractured; received a compound, compressed, or displaced fracture in any bone; was permanently injured; or received a permanent loss of a bodily function. A claimant is also allowed to file a lawsuit if the cost of the medical fees exceed $1,000.
Don’t hesitate to contact one of our Kentucky personal injury lawyers at Fisher and Wright, PLLC if you need more information about the no-fault car insurance law and to find out what you can do within your rights if you were involved in a car accident.
Kentucky Statute of Limitations for Car Accidents
However, this right does not last forever. Kentucky State laws dictate specific timeframes during which you are allowed to file a lawsuit.
This time limit is called the statute of limitations and will depend on the case you are trying to file. The Kentucky Revised Statutes section 413.140(1) states that a person has one year to go to court to remedy any injury that is caused by someone else’s fault. This applies to everyone involved including pedestrians, drivers, passengers, and cyclers.
The one year time limit starts on the day of the accident. However, if the lawsuit includes a wrongful death case, the statute of limitations starts on the day the person dies, which could be after the day of the accident.
Alternatively, if the claim is for damaged personal property, the Kentucky Statutes gives the plaintiff a time limit of two years from the date of the accident.
Do take note that the statute of limitations does not apply to car insurance claims. However, while there is no limit, it is best if you file your claim right away because once the insurance company takes wind of the accident, they will be working right away to devalue your claim.
Prevent this by acting fast. Don’t hesitate to contact one of our attorneys at Farmer & Wright PLLC, a Paducah, KY personal injury law firm to get what is rightfully yours.
Contact Our Paducah Personal Injury Lawyers Today!
Car accidents are terrible things. Not only does it harm you physically and psychologically, it harms you financially as well. Rather than having to deal with the messy policies surrounding personal injury laws and car insurance laws, you should contact an experienced auto accident attorney.
Our personal injury lawyers at Farmer & Wright PLLC believe that the only business a victim has to deal with post-accident is recovery. Leave the rest to us. Talk to one of our Kentucky personal injury attorneys today.
