Motorcycle Accidents in Kentucky
Motorcycle accidents are more common than you think, and that’s why our Kentucky motorcycle accident attorney at Farmer & Wright PLLC are committed to helping Kentucky motorists be safer on the road and receive the compensation they deserve if ever they are involved in accidents. If you have been in a motorcycle accident, talk to a Paducah, Kentucky personal injury attorney today.
Motorcyclists continue to overrepresent road accidents and road fatalities. In 2018 alone, 6% of motorcycle accidents resulted in death, and even more sustained accident injuries. That means that the state of Kentucky suffers 8.9 deaths for every 10,000 registered motorcyclists, putting it at the 8th most dangerous state for motorcyclists in the country.
Motorcyclists face a disproportionate amount of danger; according to the National Highway Traffic Safety Administration (NHTSA), motorcyclists have a fatality rate 28 times greater than those involved in car accidents. Research has linked this to the worsening traffic in urban areas and poor visibility on the road.
What to Do in a Motorcycle Accident
No matter how safe you drive, you’re always vulnerable to those around you and an accident can be caused by something that is out of your control. That’s why you should know what to do so you are prepared to protect both your health and your rights when the time comes. In the event of a motorcycle accident you must, make sure to keep the following things in mind.
- Call 911 immediately,
- Keep your helmet on in case you received neck and/or spinal cord injuries,
- Move your motorcycle out of traffic only if safe and without risking further injury,
- Take pictures of the scene, especially of the hazards surrounding the scene including potholes, debris, poor road conditions, and traffic signs,
- Take pictures of the other vehicles involved in the accident,
- Talk to eyewitnesses and get their contact information,
- Not admit fault to anyone- this is your right,
- Not give the police or medical personnel any unnecessary details without talking to a personal injury lawyer,
- Inform your insurance provider immediately,
- Not refuse medical treatment because you might have suffered deeper injuries even if you feel fine, and
- Contact a Kentucky personal injury lawyer at Farmer & Wright, PLLC, immediately.
Talk to a Paducah Motorcycle Accident Attorney Right Away!
If you were involved in a motorcycle accident, you should talk to our Paducah, Kentucky personal injury lawyer at Farmer & Wright, PLLC immediately to make sure you get the compensation you deserve.
Knowledge of Local Laws
While the U.S. federal law encompasses the nation as a whole, state laws may make legal processes and procedures slightly different per state. Our local personal injury attorneys know these intricacies better and will be able to advise you on how to approach your case in the best way possible.
Preserving evidence in accident sites is very important especially if you want to be compensated for the costs later. Relevant evidence include CCTV footage, photos, and witnesses’ statements. Your car accident attorney will know about these evidence and know how to best get them. It is very important that they be acquired immediately, too, because the quality of witness statements goes down over time because they start to forget details.
When involved in an accident, it is not just you who will be working. The other motorists involved and your insurance provider will work hard to downplay your cost claims in an effort to not have to give you any compensation.
Our lawyers at Farmer & Wright, PLLC, have experienced firsthand how some people will try to get accident victims to make a mistake and jump on these chances. Our personal injury lawyers will make sure your rights are protected, and you get paid for the injuries that were caused unto you.
Negotiating with the Insurance Company
Most insurance companies will not want to pay the whole amount their client has suffered, and will try to downplay the costs involved. An experienced car accident lawyer will be better able to assess the total damages of the incident as afforded to you by the law.
When people think of the valuation of auto accidents, they usually only think of repair costs for their car or vehicle, medical bills for both the present and the future, and property damage that may have occurred in the process.
This is not wrong, but it is incomplete. On top of those, the law also allows the victim to ask for compensation on the grounds of lost income due to hospitalization, pain and suffering, emotional distress, and funeral and burial expenses in the case of wrongful death.
Insurance companies may try to take advantage of this lapse so that they could pay you less, but a personal injury attorney will be able to give a more accurate estimate of the total damages you incurred and negotiate with insurance companies based on this info.
Not Missing Deadlines
One of the most important things to take note of when filing cases are the deadlines. While initially you have the right to press charges, this right does not last forever because of the statute of limitations which essentially puts a deadline to your right to file a case up to two years after the incident.
When you are involved in an auto accident, you have many things to deal with, including managing medical bills, working around your injuries to get to work, getting repairs, and most important of all, recovering. When you have so much on your plate, pressing charges or remembering deadlines are so much harder to do.
Don’t hesitate to contact our Kentucky personal injury lawyers at Farmer and Wright, PLLC, to talk about your case and to let us handle the legal aspect of your motor vehicle accident so that you can better focus on recovering.
Elements of a Negligence Claim
More often than not, in cases where the victim (the plaintiff) is suing the person at fault (the defendant) in a personal injury lawsuit, the case is a negligence claim, which essentially blames the defendant for carelessness. A negligence claim has four elements: duty, breach, causation, and damages.
This is the obligation of the defendant to act in a certain way according to the law. In driving, this is the obligation to observe traffic laws, obey traffic lights, watch out for traffic signs, and to yield when necessary.
Breach is when the defendant failed to act according to what the law obliges him to do. In the case of motor accidents, it may include driving under the influence, disobeying traffic rules, or beating a red light.
It must be proven that the defendant’s actions (or inaction) directly caused the accident that injured you.
This proves that you were harmed and injured because of the defendant.
Motorcycle accidents are very terrible things- they rob us of our time, money, health, well-being, and stability, among many other things. The world won’t stop to let you recover too- everything just keeps moving forward. There will always be bills to pay and mouths to feed, so it only makes sense that you, a victim in an automobile accident, be compensated, because it becomes a need at some point.
Contact our Kentucky personal injury lawyers today at Farmer & Wright, PLLC, a Paducah, Kentucky personal injury law firm. We will make sure that you receive what is rightfully yours to help you recover and get back on your feet.