Those who are involved in motorcycle accidents should call a personal injury lawyer who can find out what kind of insurance coverage they have. Even before you get into an accident, if you have a motorcycle, you might call an attorney and ask for some advice on what kind of insurance you should have. It is strongly recommended that a motorcyclist obtains Personal Injury Protection (PIP) coverage if available, and also opts-in for uninsured motorist and underinsured motorist coverage.
A person should look for a Bardstown motorcycle accident lawyer who understands how different the Motor Vehicle Reparation Act is for a motorcyclist versus people who are operating a vehicle. When you are driving a car, the first $10,000 of medical bills and wage loss is paid by your own insurance company. That is not necessarily the same for motorcyclists. It is not required for motorcyclists. Often, their medical bills are not paid by their insurance company because they did not have that coverage.
After a Motorcycle Accident
When someone is in a motorcycle accident in Bardstown, they should get medical treatment right away. Unfortunately, motorcycle accidents are usually very serious, and an individual may not be in the position to take photos. If an injured person has their wits about them and their cellphone is not destroyed, they should call someone to come out and take photos of the scene. Make sure to get treatment right away because motorcyclists often have head injuries and the hospital needs to evaluate the rider for head trauma, hematomas, and a host of other injuries. Motorcyclists should get in touch with a Bardstown motorcycle accident attorney right away to preserve evidence, contact witnesses, and obtain the police report.
The Department of Insurance has done a lot of research that shows drivers often do not see a motorcycle coming when they look to their left and to their right, and look back again. If they do not see a car, they do not think anything is coming so they may pull out directly in front of a motorcyclist. An attorney can get all of the information from the other vehicle and from the police, and act on behalf of the motorcyclist right away.
After a motorcycle accident, a person may be entitled to claims for:
- Past and future medical bills
- Past and future wage loss
- Past and future pain and suffering
- Payment of property damage
If the other driver involved in the accident broke the law, did not keep log books, was driving too long, was intoxicated, or things of that nature, the motorcyclist may also be able to get punitive damages with the help of a Bardstown motorcycle accident attorney.
Contributory negligence is when there is an accident and both parties are found liable for a percentage of the fault, and in many states that means the injured party gets nothing. In Kentucky, there is no straight contributory negligence. Instead, there is comparative negligence where your award is reduced by your own percentage of fault. Whatever it is, each party is apportioned their percentage of fault. If you are 50 percent at fault and you get a $100,000 verdict from a jury, you get only $50,000 because the comparative negligence reduces what you are able to get by your percentage at fault. A motorcycle accident lawyer in Bardstown will be able to determine how fault may play a role in your settlement.
Loved One’s Injury
A person can receive compensation when their loved one is injured in a motorcycle accident. If you are the owner of the car and your loved one is in the car with you, they are covered under the vehicle insurance if you are not at fault. If your loved one is injured and they have significant severe injuries like quadriplegia or death, you can be compensated for the loss of consortium. If your loved one is injured and you have to take care of them or they passed and you have to take care of the things they took care of before they passed away, you can get loss of consortium in Kentucky.
You should copy of all your motorcycle insurance information, your DEC sheet, insurance policy, health insurance information, any medical bills you receive, the police report or the police report number, any photos you have, and everything you received from any insurance company. You need to get all those things together so that your attorney can get a good idea of the initial picture and look at every avenue to get all the information needed.