If you or a loved one were hurt in a motorcycle or any other motor vehicle accident, we want to help you get compensation for your medical bills, lost wages, and pain and suffering. Even if you’re a cautious rider, accidents caused by the negligence of other drivers can still happen. As a motorcycle rider, you face a much higher risk of injury in a collision, with statistics showing you’re 24 times more likely to get hurt compared to passengers in cars.
Additionally, when you’re seeking compensation from insurance companies, you might encounter biases that can impact the value of your claim that other road users don’t have to deal with. At Sam Aguiar Injury Lawyers, we know the risks motorcyclists face on the road, and our accident attorneys in Louisville are here to help ensure your side of the story gets heard.
You shouldn’t have to pay out of pocket for a motorcycle accident that wasn’t your fault. Before you sign any paperwork from the insurance company, contact a Louisville motor vehicle accident lawyer. Our law office has a No Fee Guarantee®, meaning you won’t pay us attorney’s fees or case expenses unless we get money for you.
Why Choose Sam Aguiar Injury Lawyer in a Louisville Motorcycle Accident Claim
Choosing Sam Aguiar Injury Lawyers in your Louisville motorcycle accident claim means you are choosing a firm with legal knowledge, extensive experience with insurance negotiations, and an attorney-client relationship-centered approach to secure the maximum compensation in your claim.
Our personal injury law firm let the results speak for itself. Our proven track record demonstrates our success, highlighted by significant settlements and awards in a variety of personal injury cases—including $6.1 million in a truck accident and $1.75 million for a car accident for our clients.
We will aggressively advocate on a motorcycle operator’s behalf against insurance companies and will take your claim to trial if a negotiated settlement cannot be found. We operate on a contingency fee basis, removing the burden of upfront legal fees and making our legal representation accessible right away.
Our personal injury attorneys in Lousiville can assist with any challenges you may be facing, including helping to resolve legally-related medical, insurance, and financial concerns post-accident. Our strong reputation in the Louisville legal community and legal peers makes us a trusted ally for motorcycle accident victims seeking to recover and move forward with their lives.
Why a Lawyer Increases Your Potential Recovery After Louisville Motorcycle Collisions
Hiring our lawyers after a motorcycle accident in Louisville significantly increases your potential for a substantial recovery. Here’s how our lawyers will work to enhance your recovery prospects:
- Skilled Negotiation: Insurance companies are businesses that aim to minimize payouts and are willing to use various tactics to undervalue claims, especially when dealing with unrepresented claimants. Our seasoned lawyers know how to negotiate with these companies and use the evidence to build a strong case for the full value of your claim.
- Thorough Investigation and Evidence Gathering: Proving fault and the extent of your injuries requires a thorough investigation and the collection of compelling evidence. Our lawyers will use our resources to conduct detailed investigations, including [potentially reconstructing the accident scene, gathering surveillance footage, interviewing witnesses, and obtaining expert testimonies. Our comprehensive approach to evidence gathering strengthens your case to support your claim for damages.
- Accurate Valuation of Damages: Understanding the full extent of your damages—both current and future—is crucial for securing adequate compensation. Our team is skilled in accurately assessing all forms of potential damages you may have incurred, including medical expenses, lost wages, pain and suffering, and loss of quality of life.
- Trial Representation: If your case goes to trial, we will advocate in court on your behalf, presenting evidence and arguing your case to a judge or jury. Our experience in courtroom procedures and trial advocacy can make a substantial difference in the outcome of your case.
- Peace of Mind: Our team of lawyers will work for you to provide you with peace of mind during a stressful time. Knowing that a knowledgeable advocate is handling your case allows you to focus on recovery, confident that your legal rights are being protected.
In summary, our lawyers will level the playing field against insurance companies and opposing parties by providing you with legal guidance and a strategic assessment. Our comprehensive support will significantly increase the potential for a more substantial recovery in your Louisville motorcycle accident claim.
Frequent Causes of Motorcycle Accidents
In 2023, there were 508 motorcycle crashes in Kentucky resulting in serious injury, and 103 that resulted in death for the rider. Some of the most common causes seen by our injury lawyers include:
- Failure to Yield: Drivers often fail to look for motorcycles at intersections, especially while entering roadways or turning left.
- Distracted Driving: Phone calls, smartphone apps, and passengers can distract drivers from seeing motorcyclists until it’s too late to prevent an accident.
- Unsafe Road Conditions: Potholes, construction debris, and inadequate warning signage put riders at risk of being thrown from their motorcycles while riding.
If you were hurt on a motorcycle and it wasn’t your fault, you have rights. Contact Sam Aguiar Injury Lawyers today for a free case review.
The Difference Between Car Accident & Motorcycle Accident Lawsuits In Louisville
Even though many motorcycle accidents involve collisions with cars, trucks, and other motor vehicles, these types of personal injury cases need to be handled differently than general automobile wrecks.
Motorcyclists are openly exposed on the road and are much more likely to suffer catastrophic injuries in the event of a crash, such as brain injury, organ damage, spinal cord injuries, road rash, and broken bones. In Kentucky, motorcycles make up 7% of vehicles involved in deadly collisions but less than 1% of vehicles in all accidents. This means you’re seven times more likely to suffer fatal injuries as a rider in a collision than the occupants in another vehicle.
The serious nature of these injuries means longer hospital stays, expensive rehabilitation, and missed time at work. You need an experienced motorcycle accident attorney in Louisville who can maximize your claim with the insurance company and address all your expenses.
Another factor that differentiates motorcycle accidents from car accidents is state traffic laws. Here in Kentucky, riders are only required by law to wear helmets until age 21, after which it is up to the rider’s discretion. This is not true for our neighboring states:
- In Tennessee, Virginia, and West Virginia, all motorcyclists are required to wear helmets, regardless of age.
- Missouri requires helmets until age 26.
- Ohio and Indiana require helmets until age 18.
- Illinois has no helmet requirements at all.
Whether or not you were following the law at the time of your motorcycle accident can impact your case, especially if it goes to trial. This is because the insurance company can use this as evidence that you contributed to your own injuries.
Our team at Sam Aguiar Injury Lawyers has handled many motorcycle accident cases and knows the ins and outs of state traffic laws in Kentucky and beyond. You can trust our experience to recover the compensation you deserve.
Damages Injured Motorcyclists Might Be Entitled To
As an injured motorcycle rider or passenger, you may be entitled to various damages after a crash. Our attorneys can help you pursue the following from the at-fault party in an insurance claim or lawsuit:
- Medical Expenses: This covers hospital bills, medication costs, physical therapy, and any other medical treatments resulting from the crash.
- Lost Wages: This includes compensation for the income you were unable to earn because of your injuries from the motorcycle crash. It covers the full period you’re out of work, whether for a few days or an extended duration, due to hospitalization, recovery, or ongoing medical treatment.
- Loss of Future Earnings Capacity: If the accident causes long-term health issues that affect your ability to work, this covers the expected loss in your future earnings, including any promotions or benefits.
- Pain and Suffering: This relates to the physical pain and emotional distress endured due to the accident and subsequent injuries. It is meant to compensate for anxiety, depression, and post-traumatic stress disorder (PTSD) due to the crash.
- Property Damage: This covers the cost of repairing or replacing your motorcycle and any other personal property damaged in the crash.
- Loss of Enjoyment of Life: This compensation is for the reduced quality of life or inability to enjoy hobbies and activities you loved before the motorcycle accident due to your injuries or mental distress.
Understanding Negligence in Lousiville Motorcycle Accidents
In vehicle collisions, including motorcycle crashes, Kentucky uses a pure comparative fault approach to liability. This means both parties can be held responsible for a portion of the damages resulting from the collision, depending on their actions. Under this doctrine, your recovery award can be reduced by your assigned percentage of fault.
For instance, imagine you were in a crash due to another driver speeding, but you weren’t wearing a helmet when you are legally required to do so. A jury determines you are 25% at fault for your injuries. If you win $30,000, you’d only receive about $22,500 of that amount (25% percent of your $30,000 reward is subtracted).
Our motorcycle accident attorneys at Sam Aguiar Injury Lawyers can help you minimize your percentage of fault under Kentucky law, helping you get a fair settlement for your injuries.
Helmet Traffic Laws in Louisville Motorcycle Accidents
KRS 189.285 mandates helmet use for certain motorcycle riders and passengers and can be relevant in the assessment of fault and damages. For riders under the age of 21, learner permit holders, or those with only a motorcycle instruction permit, failure to comply with the helmet law can affect the outcome of a claim. For those injured in an accident while not wearing a helmet as required, this could potentially lead to a reduction in the compensation received. For riders over 21 who are not legally required to wear a helmet, the decision not to wear one might not directly impact fault assessments in the same way, but could still be a factor in discussions about the nature and extent of head injuries sustained in an accident.
Lane Splitting in Louisville Motorcycle Accidents
In Louisville, there is no specific statute that directly addresses lane splitting for motorcycles. Lane splitting is the practice where a motorcycle goes between lanes of stopped or slower-moving traffic, or moves between lanes to the front of traffic stopped at a traffic light. Some states have laws that explicitly permit or regulate lane splitting, but Kentucky does not, which makes it a legal gray area. However, with no law allowing for lane splitting, the concept can be considered an unauthorized practice on Louisville roads and highways.
If an accident occurs while a rider is lane-splitting, fault determination can be complicated. Other motorists might not expect a motorcycle to pass them in slowed or stopped traffic, and as such, might inadvertently contribute to an accident. Insurance companies and courts might argue lane splitting as negligent or reckless behavior, impacting the motorcyclist’s compensation in a personal injury claim. The comparative fault rule in Kentucky, which reduces compensation by the injured party’s percentage of fault, could result in a lower settlement for the motorcyclist if they are found partially at fault due to lane splitting.
Statute of Limitations in Louisville Motorcycle Accidents
The statute of limitations for filing a lawsuit related to a motorcycle accident falls under the broader category of personal injury and property damage claims. According to KRS 413.140(1), the statute of limitations is generally two (2) years from the date of the accident or from the date of the last Personal Injury Protection (PIP) payment made. This same two-year statute of limitations applies to claims for property damage, such as damage to your motorcycle.
Failing to file a lawsuit within the statute of limitations can result in the loss of the right to seek compensation for their injuries and damages through the court system. There are very few exceptions to this rule, and the courts strictly enforce the statute of limitations. Therefore, it’s essential to act right away. Our lawyers at Sam Aguiar can help ensure that all required steps occur before any deadlines so we can advocate on your behalf for the compensation you deserve, allowing you to focus on your recovery.
Let Our Motorcycle Accident Lawyers Deal with the Insurance Company
Dealing with insurers after a motorcycle accident can feel overwhelming, and they might attempt to pressure you into accepting a settlement that falls short of what you are entitled to. Our attorneys recognize these challenges and can handle all negotiations on your behalf.
When you partner with us, we can take care of the following tasks for you, allowing you to focus on your recovery:
- Evaluate Your Claim: Our attorneys will thoroughly assess the value of your claim, taking into account all damages, to ensure the insurance offer is fair and comprehensive.
- Gather Evidence: We compile all necessary evidence, such as medical records and accident reports, to build a strong case, improving your chances of a favorable outcome.
- Negotiate Settlements: Our lawyers are skilled negotiators dedicated to securing the most favorable settlement that covers all your needs and compensation.
- Clarifying Policy Language: We help you understand the complex language of insurance policies, protect your rights, and ensure you are fully aware of your entitlements.
- Representing You in Disputes: If the insurer disputes your claim, we represent you, advocating on your behalf to resolve these disputes and secure the compensation you deserve.
Contact A Lousiville Motorcycle Accident Attorney Today
At Sam Aguiar Injury Lawyers, we know Lousiville motorcycle law, and we want to help you get compensation for your medical bills, lost wages, and pain and suffering. There’s no risk or obligation to get a free case review, and we can even arrange to meet you off-site or on the weekend. Contact us to get started now.
Frequently Asked Questions
How much does it cost to hire a motorcycle accident lawyer in Kentucky?
Many personal injury attorneys, like our team at Sam Aguiar Injury Lawyers, operate primarily on a contingency fee model. This approach eliminates the need for you to pay any upfront retainer or hourly charges. Our payment is contingent upon securing a successful settlement or verdict for you.
How long do I have to file a motorcycle accident claim?
You have two years to file a motorcycle accident case in the Kentucky court system from the date of your crash. While this may seem like enough time, starting your claim as soon as possible after a crash is important. Most insurance companies require you to report the collision within a few days, and the negotiation process can take several months.
Filing early can help preserve evidence and ensure your legal team has time to compile a strong case.
How much can I get for my motorcycle accident claim?
Motorcycle accident settlements can vary based on the extent of your injuries, insurance policy limits, the quality of your evidence, and your legal team’s experience. At Sam Aguiar Injury Lawyers, we’ve won hundreds of millions on behalf of our clients. We can include all damages in your settlement demand, including all current and future medical expenses, the impact on your earnings, and the accident’s effect on your quality of life.
Contact A Louisville Motorcycle Accident Attorney Today
If you or a loved one was injured in a motorcycle crash, don’t hesitate to reach out to a personal injury attorney at Sam Aguiar Injury Lawyers. Call or contact us today for a free case evaluation to get you the compensation that you deserve.