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Legally Reviewed by:

Jonathan Rosenfeld
J.D

December 21, 2023

Over $400 Million worth of case results

Awarded The Best Lawyer in 2024 by U.S. News

Nationally Recognized in Legal Community

Motorcycle accidents are often more serious than car crashes, and more complex. You need a skilled lawyer familiar with the intricacies of motorcycle law on your side to ensure you get the maximum compensation possible. 

Read on to learn how we can help you recover maximum damages for your injuries and property damage, and call us today at (888) 424-5757 to secure the compensation you rightfully deserve.

Eligibility to File a Motorcycle Accident Claim

When you contact a Kentucky motorcycle accident lawyer from Rosenfeld Injury Lawyers, we’ll assess whether you have grounds for a claim. This depends on whether another party’s negligence caused the accident, which is proven by four elements: duty of care, breach of duty, cause, and damages. These are defined as:

  • Duty of Care – The liable party had a responsibility to reasonably avoid danger so as to prevent traffic accidents.
  • Breach of Duty – The at-fault party, whether that is the other driver or a manufacturer, failed to uphold their duties to you.
  • Cause – The accident happened as a result of this breach of duty.
  • Damages – You suffered damages because of the motorcycle crash, such as serious injuries or lost wages. 

Differences Between Car and Motorcycle Accidents

Motorcycle wrecks are unique from car accidents, which is why you need an experienced motorcycle accident attorney who is familiar with these differences, which include:

  • Injury Severity – Motorcycle accident victims often suffer more catastrophic injuries.
  • Lack of Protection – Airbags, seatbelts, and a metal frame protect those in passenger cars, while an injured motorcyclist only had their protective gear, like helmets and gloves.
  • Less Control – Motorcycles do not have 4-wheel or 2-wheel drive. They also have a smaller center of gravity, which means that those riding motorcycles can easily fall or flip over, even if they are experienced riders.
  • Visibility – Many motorcycle crashes occur because the rider is in a driver’s blind spot.
  • Lack of Awareness – Other drivers know to scan for fellow trucks or cars, but they don’t always check for motorcycle riders, causing accidents. 
  • Road Conditions – The average car driver is far less vulnerable to an accident caused by road conditions, such as slippery roads and potholes, than a motorcycle rider.

Filing a Motorcycle Accident Claim With Rosenfeld Injury Lawyers

Our Kentucky motorcycle accident lawyers will be there with you every step of the way during your personal injury claim, ensuring that you understand the process. Here’s a brief overview of motorcycle accident claims:

  • Free Consultation – During your initial contact with our law firm, we will gather basic details about you and the accident. At this time, we’ll let you know if we feel that we can recover compensation for you.
  • Case Investigation – When we take on motorcycle injury claims, we strive to completely understand every aspect of the case, developing a timeline and identifying the at-fault party. 
  • Gathering Evidence – Our Kentucky motorcycle accident lawyers will meticulously gather evidence using every resource available. This includes medical records, police reports, surveillance footage, crash data, accident scene footage, and eyewitness testimony.
  • Expert Consultation – We will leverage professionals such as doctors familiar with motorcycle accident injuries, accident reconstructionists, and specialists in motorcycle mechanics.
  • Insurance Company Negotiation – Your Kentucky motorcycle accident lawyer will negotiate with the insurance company of the at-fault driver, seeking fair compensation for your medical bills and lost wages. 
  • Trial Representation – If negotiations with insurance adjusters fail, we represent motorcycle accident clients in a court of law. 

We know that our clients are recuperating from severe injuries, so we work to minimize the interruption to their everyday lives while still ensuring they fully understand all aspects of the case. 

Proving Fault in Kentucky Motorcycle Accidents

When motorcycle accidents occur, insurance companies and courts want to know that the motorcycle rider was protecting themselves in accordance with the law, as this plays a role in how severe their injuries may be. Be aware of your obligations as a rider, which include:

  • Licensing – Motorcycle riders must have a valid Class M license and have undergone a Motorcycle Safety Education Program (MSEP) class.  
  • Time of Day – Underaged bikers cannot ride between midnight and 6 am unless it is an emergency. 
  • Lane Splitting – Kentucky does not have a law prohibiting lane splitting. However, it is still considered risky, and motorcycle riders may be blamed if they are injured while lane splitting. 
  • Helmet Laws – Those above the age of 21 do not need to wear a helmet. As the case is with lane splitting, even though helmet laws allow not wearing one, it is considered dangerous and may be used against you. 
  • Motorcycle Safety Equipment – Every motorcycle must have a rearview mirror.
  • Eye Protection – Motorcycle riders are obligated to wear face shields or goggles while riding.

A motorcycle accident case requires a preponderance of evidence, meaning that the facts mostly suggest the at-fault party is responsible. Common evidence used in motorcycle crashes includes:

  • Surveillance footage
  • Accident photos and debris
  • Accident report 
  • Driving records
  • Medical assessments
  • Health insurance claims
  • Expert testimony
  • Eyewitness statements

Unlike many other states, Kentucky is a pure comparative negligence state This means that as long as you were not 100% at fault for the motorcycle accident, you can recover damages.  

Who Is Held Liable in Motorcycle Accident Cases

When an accident occurs, it is not just the other driver who may be held liable for personal injury. There are other parties who may have contributed to the crash, such as:

  • Other Drivers – In some crashes, another driver may have slammed into the back of an accident scene, causing further injuries.
  • Companies – If the car that hit you was a company vehicle, vicarious liability may apply under Kentucky law.
  • Vehicle Manufacturers – Sadly, vehicle recalls are quite common, such as a recent recall of 1,200 motorcycles with engine issues [1]. If either your bike or the other driver’s car had a recall, the manufacturer can be held liable.
  • Parts Manufacturers – Those that produce auto parts may also be held responsible if a defect causes an accident.
  • Municipalities – Many Kentucky roads are damaged by flash flooding, and governments may rush to get them open again. If they failed to properly repair roads and an accident occurred, they can be held responsible, too. 

Damages That Our Kentucky Motorcycle Accident Lawyers Can Help You Recover

If you are filing on your own behalf, a Kentucky motorcycle accident lawyer can pursue damages such as:

  • Past and future medical expenses
  • Past and future lost income
  • Property damage
  • Disability or disfigurement
  • Physical pain and suffering
  • Emotional trauma
  • Loss of enjoyment in life

Motorcycle Accident Wrongful Death Claim

Sadly, many motorcycle accident victims suffer fatal injuries. Out of the 1,000 accidents in Kentucky in 2022, there were 99 motorcyclist fatalities [2]. If you have tragically lost a loved one in a motorcycle wreck, we can help you pursue costs to help you and your family heal. 

This includes:

  • Medical costs
  • Funeral expenses
  • Loss of financial support
  • Loss of companionship
  • Loss of mentorship for minor children

What to Do After a Motorcycle Accident in KY

When you’re in a motorcycle crash, it’s important to act fast and contact a Kentucky motorcycle accident lawyer as soon as you are medically cleared. Follow these steps:

  • Stay at the Crash Site – Wait for medical personnel and police to arrive.
  • Get Contact Information for Everyone Involved – This includes drivers, police officers, and bystanders.
  • Get Medical Treatment – Thanks to the risk of serious injuries, you should always get medical attention.
  • Call a Lawyer – Call us at (888) 424-5757 right away.
  • Don’t Speak to Insurance Companies – The insurance company will use anything possible to negate your claim. Allow us to handle all communications and negotiations on your behalf.
  • Keep Records – Request a copy of the police report. Keep logs of all medical expenses and insurance claims.

You Have Limited Time to File a Motorcycle Accident Claim in Kentucky

Kentucky has a very short statute of limitations for motorcycle accidents. You have just one year to file a lawsuit for personal injury, wrongful death, or product liability. 

As much of this time will be spent negotiating an insurance claim, it’s critical that you get in touch with an experienced motorcycle crash lawyer as soon as possible. Call us for a free consultation and learn how we can assist you in getting justice for your injuries. 

Types of Cases That Our Motorcycle Accident Attorneys Handle

Motorcycle wrecks are complicated and can be sorted into a variety of different case types based on the mechanics of the accident. This can include crashes as a result of:

  • Left-Hand Turn – Left-hand turns are a common accident cause for vehicles of all sizes, but they can be particularly devastating for motorcycle riders.
  • Rear-End – Even a light tap on a motorcycle’s bumper can cause it to flip.
  • Lane Change – Due to the smaller profile of a bike, a car may abruptly merge in front of them, leading to an accident.
  • Dooring – Dooring occurs when a car passenger opens their door into the lane, potentially knocking a rider off his or her bike.
  • Road Hazards – Construction, potholes, and slippery roads can all cause a rider to lose control.
  • Head-on Collision – These are especially common on winding mountain roads and in rural areas. 

The Most Common Injuries We See Among Motorcycle Accident Victims

A motorcycle accident victim often suffers far more catastrophic injuries than a car accident victim due to the lack of protection and the intense physics at play. Common injuries include:

  • Spinal cord injury
  • Traumatic brain injury
  • Broken bones
  • Road rash
  • Lacerations and contusions
  • Internal injuries
  • Paraplegia
  • Neck injuries
Kentucky motorcycle accident injuries

The Most Common Causes of Motorcycle Accidents

A motorcycle wreck can be the result of a variety of factors. Some of the most common ones that our law firm encounters include the following:

  • Drunk Driving – Though Kentucky has some of the lowest rates of drunk driving in the country, these numbers have been on the increase for several years [3], and 15% of all Kentucky car crash deaths are a result of drunk driving [4]. 
  • Reckless Driving – In 2023, Kentucky lost over 780 people as a result of speeding, making it the cause of 45% of all traffic deaths in the state [5].
  • Distracted Driving – Deaths due to texting and driving have been rising at a steady rate of around 30% every year [6]. In one case, a Bowling Green woman was tragically killed as a result of a distracted teen driver [7].
  • Failure to Yield – This is an especially dangerous occurrence for motorcyclists. In one recent death, a 62-year-old motorcycle driver in Rockcastle County was killed when a pickup truck failed to yield on I-75 [8].
  • Running Red Lights – It’s critical that drivers obey red lights to avoid a fatal crash. This year in Knott County, one motorcycle driver failed to stop at a light and rear-ended another biker, dying on the scene [9]. 
  • Faulty Vehicles – Sometimes, it’s the bike that’s to blame. Recently, Triumph Motorcycles recalled multiple bike models due to faulty rear brakes [10]. 
  • Lack of Motorcycle Helmets – Though riders over 21 are not required to wear a motorcycle helmet, failure to do so can have deadly consequences. A Louisville motorcyclist died after he was thrown from his bike and he wasn’t wearing a helmet at the time [11]. 
  • Road Conditions – Flooding is a frequent menace in Kentucky due to its climate and geography. This, combined with the fact that Kentucky ranks only 20th in US road quality rankings [12], can have disastrous results. 
Kentucky motorcycle accident causes

How Much Can Be Recovered in Motorcycle Accident Lawsuits

While there are no specific settlement amounts, your motorcycle accident lawyer will work hard to secure maximum compensation for your injuries. We’ve recovered millions for our clients, such as a $14,100,000 settlement for the family of a motorcyclist who suffered fatal injuries after a distracted truck driver made a left-hand turn into his path of travel.

Factors That Affect Motorcycle Accident Settlement Amounts

A personal injury settlement is dependent on a number of factors, which include:

  • Cost of Losses – If you spent significant time off work and received extensive treatments, this will raise your claim.
  • Extent of Injuries – Those who suffer serious injuries, such as spinal cord injuries or brain injuries, receive more.
  • Insurance Coverage – The coverage of the at-fault driver is a major consideration.
  • Amount of Evidence – The more witnesses and evidence we can find, the larger your settlement.

How Long Does Settling a Motorcycle Accident Case Take

Generally, it takes over six months to settle a case but this is greatly impacted by the complexity of the case and the cooperation of insurance companies. It is critical that you hire a motorcycle accident lawyer quickly so that we can get started right away. 

How Much Does Hiring a Motorcycle Accident Attorney Cost

We work on a contingency fee basis, which means that you owe us nothing unless we win. This makes it affordable for everyone to receive high-quality legal representation in the times when they need it the most.

Contact a Kentucky Motorcycle Accident Attorney Today!

Our team has recovered millions in personal injury claims for our clients on a contingency fee basis, ensuring that everyone can get a great lawyer to represent them against insurance companies. 

Call us toll-free at (888) 424-5757 or contact us through our website to receive a free consultation. You deserve justice for your injuries, and Rosenfeld Injury Lawyers will fight to make that happen. 

Resources: [1] Consumer Affairs, [2] WYMT, [3] LEX-18, [4] WAVE-3, [5] Forbes, [6] Northern Kentucky Tribune, [7] WSAZ, [8] WKYT, [9] WYMT, [10] The Brake Report, [11] WHAS-11, [12] World Population Review

Client Reviews

Jonathan Rosenfeld was professionally objective, timely, and knowledgeable. Also, his advice was extremely effective regarding my case. In addition, Jonathan was understanding and patient pertaining to any of my questions or concerns. I was very happy with the end result and I highly recommend Jonathan Rosenfeld.

- Michonne Proulx

Extremely impressed with this law firm. They took control of a bad motorcycle crash that left my uncle seriously injured. Without any guarantee of a financial recovery, they went out and hired accident investigators and engineers to help prove how the accident happened. I am grateful that they worked on a contingency fee basis as there was no way we could have paid for these services on our own.

- Ethan Armstrong

Jonathan helped my family heal and get compensation after our child was suffered a life threatening injury at daycare. He was sympathetic and in constant contact with us letting us know all he knew every step of the way. We were so blessed to find Jonathan!

- Giulia

This lawyer really helped me get compensation for my motorcycle accident case. I know there is no way that I could have gotten anywhere near the amount that Mr. Rosenfeld was able to get to settle my case. Thank you.

- Daniel Kaim

Jonathan did a great job helping my family navigate through a lengthy lawsuit involving my grandmother's death in a nursing home. Through every step of the case, Jonathan kept my family informed of the progression of the case. Although our case eventually settled at a mediation, I really was impressed at how well prepared Jonathan was to take the case to trial.

- Lisa
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