Riding a motorcycle comes with risks, and riders know that. But if you’ve been involved in a motorcycle accident in Lousiville, Kentucky, you should be aware that who was at fault in the wreck plays a significant role in potential damages you can recover.
Because Kentucky is a comparative negligence state, you can receive compensation even if the accident was partly your fault. Determining who caused a motorcycle accident can be a complex legal process, so you want to have an experienced attorney on your side.
Dertmining Fault in a Motorcycle Accident
When a motorcycle accident occurs, police on the scene will immediately begin obtaining information to determine who was at fault. This information is important for insurance companies because it will determine which one will be paying for damages, but it also determines what compensation a victim can receive.
Evidence Used to Find Negligence in a Motorcycle Wreck
- Photographs of the accident scene
- Police investigation and reports
- Witness statements
- Dash camera footage
- Traffic camera footage
Common Ways Car and Truck Drivers Cause Motorcycle Accidents
To understand why motorcycle accidents can be so catastrophic, one must understand how they happen. Unlike other motor vehicles with a large presence on the road, motorcycles take up a small amount of visual space, leaving riders vulnerable.
How Careless Drivers Cause Motorcycle Wrecks in and around Louisville
- Turning left in front of an oncoming motorcycle
- Swerving into a motorcycle’s lane to avoid debris
- Impaired or distracted driving
- Failing to check their blind spot before changing lanes
- Opening a vehicle door in front of a motorcycle’s path
- Brake lights that aren’t operational
- Failing to leave enough room between vehicles
How Comparative Negligence May Impact Your Recovery
Since any potential negligence plays a critical role in determining what can be recovered, what happens if both parties in an accident are at fault? Laws vary from state to state, but Kentucky is one of 13 states that have what is known as comparative negligence laws, meaning if two or more people are responsible for a wreck, fault is distributed between them in percentages.
This means that if an accident is partially your fault, you may still be able to receive damages from the other party. Your compensation will be less than what you could have received if you had no fault, but there is still the opportunity to receive something.
In a situation where blame is being shared, a skilled attorney will investigate every piece of evidence available to ensure that you aren’t unfairly accused of being more at fault than you really were.
Potential Damages in a Kentucky Motorcycle Accident Case
A motorcycle accident is likely to cause greater injuries than a car accident, leading to a potentially larger recovery for medical bills. But damages that a rider can recover go beyond their medical care.
In Kentucky, if someone’s negligence injures a rider, the rider can potentially receive compensation for loss of wages at their job while they recover, physical rehabilitation, property damage, future lost wages if injuries result in a disability or disfigurement, mental trauma, loss of enjoyment of life, and more.
That’s why it’s important to have an experienced attorney on your side who knows what you may be able to receive and knows how to fight for what’s fair.
Call a Lousiville, KY Motorcycle Accident Attorney Now
When you’ve been in a motorcycle accident, you only have a limited time to pursue the damages you deserve. If you’ve been injured, call one of our motorcycle accident lawyers as soon as possible, and we will review your case at no charge to you. In your no-obligation consultation, our team will discuss your options and let you know what compensation may be available to you.
A motorcycle wreck isn’t something you want to handle on your own. Call the office of Gray & White at 888-450-4456 today or use our online contact form, and we’ll be in touch as soon as possible.