Kentucky’s Statute of Limitations for Motorcycle Accident Claims
You have 2 years from the date of your accident or from the date of your last no-fault insurance payment to file a motorcycle accident lawsuit in Kentucky.
That may seem like plenty of time, but it will fly by fast.
The countdown clock starts ticking the second you get into an accident. You’ll need to gather evidence for your claim and start dealing with insurance companies. And that’s without factoring in the time it will take you to heal from any injuries you’ve sustained.
Getting in touch with a motorcycle accident lawyer in Louisville as soon as possible is the best choice you can make.
Your attorney will help you gather evidence, collect an account of your damages, and prepare your claim. Your attorney will also deal with insurance companies and the other parties on your behalf. That means you only have to heal up instead of worrying about whether you’ll be ready before time runs out.
Types of Compensation in Motorcycle Accident Lawsuits
People who have suffered as a result of a motorcycle accident in Kentucky may be eligible for compensation for damages. The types of compensation you may be eligible for break down into 2 broad categories:
- Compensatory damages
- Punitive damages
Compensatory damages are a form of damages awarded to victims to make them whole for monetary losses. Punitive damages are a form of damages intended to punish the at-fault party for serious negligence or recklessness. Punitive damages are not common and only come into play in cases where the at-fault party’s actions were egregious.
But almost every motorcycle injury case involves some form of compensatory damages. This form of damages breaks down further into:
- Economic damages
- Non-economic damages
Economic damages compensate victims for specific monetary amounts from bills or property damage. You may be eligible for the following economic damages:
- Medical Expenses: Costs of current and future medical bills and treatment
- Lost Wages: Lost income lost due to inability to work post-accident
- Loss of Earning Capacity: Potential future earnings affected by the accident
- Property Damage: Costs to repair or replace the motorcycle and other personal property
Non-economic damages exist to compensate victims for things that are harder to put a price tag on. Motorcycle accident victims may be eligible for the following non-economic damages:
- Pain and Suffering: Compensation for physical pain and emotional distress
- Loss of Enjoyment of Life: Compensation for a decreased quality of life due to injuries or disabilities
- Emotional Distress: Compensation for the psychological impact of the accident, including anxiety and depression
- Loss of Consortium: Compensation for the impact of the accident on your relationship with a spouse or partner
The damages that you are eligible for depend on the specific nature of your case, your injuries, and the damage to any property due to the accident.
How a Louisville Motorcycle Accident Lawyer Will Help You
Some injured bikers face an uphill battle in getting the compensation they deserve for their injuries and property damage. Insurance companies sometimes try to stall, diminish your insurance claim, or try to deny it outright.
These moves prevent you from being made whole and make the countdown clock seem like it’s ticking down even faster.
That’s why it’s in your best interest to contact an experienced Louisville motorcycle accident lawyer as soon as possible after a motorcycle crash.
Your lawyer is there to help you every step of the way. An experienced attorney will help you gather the evidence for your case. They will deal with insurance companies and the other party’s lawyers on your behalf.
Your attorney will also work with you to uncover all of the various damages for which you are eligible to receive compensation.
Most motorcycle accident victims will not be able to get the full compensation they deserve when they try to go it alone. You’re facing insurance companies with massive legal teams and near-infinite resources.
You need someone who will level the playing field for you.
The bottom line is that working with an attorney takes all of the stress off your plate. You will not need to worry about tracking down insurance adjusters or about getting every detail just right for your case. Your lawyer will help you focus on what matters the most: getting your life back on track.
Common Injuries from Motorcycle Accidents in Louisville, KY
Motorcycle accidents can lead to a variety of serious injuries, some of which can have lasting impacts on your life. Understanding these common injuries will help you grasp the severity of such accidents and the importance of seeking appropriate compensation.
Some of the most common motorcycle accident injuries include:
- Head and Brain Injuries: Even with a helmet, riders can suffer from concussions or more severe traumatic brain injuries (TBIs). These injuries can range from mild concussions to long-term cognitive issues.
- Spinal Cord Injuries: These injuries can be particularly devastating, potentially leading to partial or complete paralysis, chronic pain, or other neurological impairments.
- Broken Bones and Fractures: The force of impact during a motorcycle crash often leads to broken arms, legs, ribs, or even more serious compound fractures.
- Road Rash: When a motorcyclist slides across the pavement, it can cause severe abrasions or road rash, which can lead to serious infections if not properly treated.
- Internal Injuries: Blunt trauma from a motorcycle accident can cause internal bleeding and damage to organs, requiring immediate medical attention.
- Limb Amputations: In severe cases, the extremities may be so badly injured that amputation is necessary.
- Psychological Trauma: Beyond physical injuries, many motorcycle accident victims experience PTSD, anxiety, and depression as a result of their traumatic experiences.
One thing to keep an eye out for with any motor vehicle accident is delayed pain. Catastrophic injuries and minor pain alike sometimes don’t present themselves for days or weeks after an accident. An attorney will help you document your injuries and tie them back to your personal injury claim.
What Are the Most Common Causes of Motorcycle Accidents?
The inattentiveness of other drivers on the road is among the most common causes of motorcycle accidents.
Here’s a list of a few causes of accidents that bikers should look out for:
- Poor road conditions: An accident caused by weather conditions such as rain, snow, and ice or by things like road construction debris can be hazardous for motorcyclists.
- Drunk drivers: A person driving drunk may be driving erratically or swerving and can crash into a motorcycle rider.
- Failure to check blind spots: Drivers who do not check their blind spot or who assume that there is nothing in their blind spot may cause an accident when changing lanes.
- Door accidents: Some parked drivers may open their car doors without checking for oncoming traffic. A motorcyclist may get into a crash in an attempt to avoid hitting the door or by hitting the door itself.
- Front brake overuse: A motorcyclist may be thrown over the handlebars of their bike if they stop too hard using their front brake.
- Lane splitting or white lining: Riding on the line between lanes can be dangerous for motorcyclists. Most drivers will not expect a motorcycle right beside them, and you may end up in the blind spot of another vehicle while they are trying to merge.
Traffic laws exist to help protect motorists, and there are steps that you can take to ride safely. Understanding the laws surrounding motorcycles and traffic laws in general can help keep you safe on the road. Obey traffic signs and lights, signal lane changes, and be sure to leave room between yourself and other drivers.
But there’s only so much a rider can do to protect themself on the road.
Motorcycle riders take a risk every time they get on their bikes because they are much less protected and shielded from harm than people in cars. So, it is important that bikers stay alert and aware of their surroundings to protect themselves.
Get Help from David Bryant Law with Your Motorcycle Injury Lawsuit
The minutes and days after a motorcycle crash are hard to navigate. You shouldn’t have to do it alone. Working with an experienced motorcycle accident lawyer takes away much of the stress and confusion that you’re experiencing.
The Louisville motorcycle accident attorneys at David Bryant Law are here to help you.
We will fight hard to get you or your loved one the fair compensation you deserve. We’re committed to putting together the best possible motorcycle accident case for each of our clients and keeping them informed every step of the way.
Contact our law firm today for a free consultation to get started on your case.
