Motorcycle Accident Personal Injury Claims in Kentucky

Motorcycle accidents are all too common in Louisville. With our easily navigable roads and beautiful sights, hopping on a motorcycle and taking it all in, whether downtown or further out into the country, seems to be the thing to do on weekends and days off. However, not all motorcycle enthusiasts know just how dangerous motorcycles can be when compared to other vehicles. Statistics from the National Highway Traffic Safety Administration (NHTSA) bear the hazards of motorcycle riding out in striking detail. Despite motorcycles comprising only 3.5% of registered vehicles in the U.S., they contribute to 14% of total motor vehicle fatalities. Motorcycle fatalities in the U.S. doubled between 2000 and 2021, rising from approximately 3,000 in 2000 to about 6,000 in 2021. More recent statistics suggest that this number slightly increased and then levelled off in the years since, with 2022’s numbers finalized as approximately 6,200 fatalities total. In fact, the period from 2000 to 2008 saw the biggest increase, of 83%. Why this might be is uncertain, but it is undeniable that motorcycle riding is both immensely enjoyable and disproportionately dangerous. Following the rules of the road is always the right idea, but it is also helpful to remain aware of the hazards of motorcycle accidents and the injuries that may come with them.

Motorcycles are truly unique among motor vehicles. Two-wheeled while nearly every other vehicle requires four or more, they are far more easily maneuverable than other vehicles, which lends to their appeal. The thrill of negotiating a sharp turn on a sports bike or a vintage Harley or Triumph can be incomparable. However, Kentucky traffic laws apply to all operators of motor vehicles equally. Speeding, improper lane changes, and improper passing can increase the risk of collision. Yet, it is also easy to forget that motorcycles are essentially the smallest street-legal vehicles on the roads, which renders them difficult to see for many drivers. The impetus is on all motor vehicle operators to remain constantly aware of their surroundings, but even this can be impeded by numerous other factors.

In fact, the most common fatal scenario in motorcycle accidents is actually left-turn collisions. These accidents, also known as “left-cross” accidents comprise approximately 40% of all motorcycle collisions, thus often placing much fault on the other driver. These motorcycle accidents occur when a vehicle is making a left turn and a motorcyclist who has the right of way is traveling straight. Of course, while making such a turn the other vehicle is likely traveling at a reduced rate of speed, although the motorcyclist may be traveling at full speed, providing very little opportunity for the motorcyclist to change course to avoid the accident. The U.S. Department of Transportation states that 53% of turning crashes are caused by left turns, while only 6% are the result of right turns. This is a reasonable statistic, as vehicles making right turns in the U.S. rarely must concern themselves with any other lanes of traffic than those in which they are driving. These and similar accidents often occur due to a combination of the reduced visibility of the motorcycle and the blind spot of the driver of the other vehicle. Motorcyclists even have to be wary of other drivers within their own lane who may fail to spot them while either  attempts to make a turn.

Other common causes of motorcycle accidents include:

• Failure to yield
• Distracted driving
• Speeding
• Road hazards in Louisville
• “Dooring”, in which a motorcycle collides with or swerves to avoid the open door of another vehicle
• Vehicle defects

Kentucky motorcycle laws also extend to insurance requirements. To legally operate a motorcycle in the state of Kentucky the driver must, at all times, carry proof of liability insurance. The minimums on these are $25,000 for bodily injury per person, $50,000 for total bodily injury per accident, and $25,000 for property damage. A $60,000 single limit policy can suffice as well. Unlike cars, motorcycles are generally exempt from mandatory personal injury protection (PIP) coverage in Kentucky. Personal injury protection for medical expenses and lost wages can usually be added on with most plans as optional coverage, and this too is highly recommended.

The moments immediately following a motorcycle accident are absolutely critical in numerous ways. In the heat of the aftermath, it can be difficult to maintain any composure at all, but it is advisable to keep a few things in mind. Obviously, medical attention must be sought as soon as possible, with every potential injury thoroughly investigated and documented. This is especially critical for ruling out or assessing TBI’s, some of which, such as even severe concussions, may not be immediately evident aside from professional medical scans. Additionally, motorcyclists are advised to continue to wear all protective gear when possible until its use during the accident has been fully documented. A damaged helmet or set of elbow pads can act as indispensable evidence. As well, road conditions which would be of less significance for larger vehicles, such as potholes, oil spills, and minor debris, can also be critical to record for later investigation. It is important, however, to hold off on attempts at assigning fault or liability until consulting with an attorney.

As we’ve described, motorcycle accidents can significantly sideline a rider and make their daily life a daily struggle. On top of immediate inpatient and any required subsequent outpatient care, lost wages and loss of earning capacity are often attendant with many motorcycle accidents. If one’s injuries are permanent or long-lasting, long-term medical care will have to be procured as well. When sky-high medical costs combine with loss of income, financial recovery is essential, and when these damages are one’s lawful right, it is important to be aggressive in seeking them out, with the help of a capable legal team. Compensation in motorcycle accident cases may include medical expenses, lost wages, loss of earning capacity, property damage, pain and suffering, and other non-economic damages related to the long-term impact of the injury.

One of the most common challenges faced by motorcycle riders after an accident is that insurance companies often assume that the rider is at fault. There seems to be a bias present against motorcycle riders which can hinder legal proceedings if not handled properly by seasoned personal injury professionals. No two motorcycle crashes are alike, and the statistics show that in many cases the other driver is primarily at fault. Accident reconstruction can help establish the true facts of each case, along with the assessment of road hazards and black-box data which can often be located within the components of the other vehicle. All of this can be best orchestrated via a firm of experienced personal injury professionals.