Riding your motorcycle can be a great experience, but all of that can change in an instant if your motorcycle is hit by a car from behind. On average, motorcycles weigh about 400 pounds, whereas the average passenger car weighs between 2,800 and 3,200 pounds, so motorcyclists often suffer much greater harm when these two vehicles collide, and crashes may result in catastrophic injuries or death.
While people often think of motorcyclists as reckless and at fault for causing accidents, this is an unfair perception. In most instances, when a car rear-ends a motorcycle, it is the fault of the car driver due to operator negligence.
If you or a loved one has suffered injuries or someone has died because a motorcycle was hit by a car from behind, you may be entitled to compensation for the damages and injuries you received; this compensation could be obtained through insurance or a personal injury lawsuit. In a successful case, settlement amounts can range from thousands to hundreds of thousands of dollars, depending on the circumstances and injuries involved.
However, Kentucky injury law is complicated, and insurance companies have high-powered lawyers working for them trying to deny or minimize claims, so it is difficult to go up against them on your own. An experienced Kentucky motorcycle accident lawyer at Billy Johnson Law Firm, can examine the facts of your situation and fight for a fair settlement that covers your medical bills, lost income, pain and suffering, and all other damages you received.
We offer a free consultation, and there are no fees to you until we win your case, call us today at 606-437-4488 to get started.
Steps to Take if Your Motorcycle Is Hit by a Car from Behind
If you’ve been rear-ended by a car while riding your motorcycle, what you do next makes a significant difference in your case. Here are 5 important steps you should take for the best outcome:
Seek Medical Attention Immediately
Seek medical attention right away, whether this means being transported by ambulance to an emergency room or visiting your family doctor. If you haven’t already taken this important step, do it now. Some injuries may not have immediately apparent symptoms, and many will get worse over time. A doctor will evaluate your condition, provide you with the proper treatment, and document all injuries for future reference.
Call 911
Ask for police to respond to the crash scene and create a police report to document evidence. The officer’s observations, diagrams, and notes in the report can help establish which driver was at fault for the accident. The report should provide information about injuries sustained and damage to property, and document date, time, location, vehicle details, witness statements, and road conditions that helps reconstruct the accident.
If you are questioned, you should answer the officer’s questions succinctly, but DO NOT try to explain events in great detail or acknowledge responsibility for the crash. If a law enforcement officer did not conduct an investigation or file a report after your accident, you are required to file a Civilian Collision report within 10 days. You may need the report to convince the claims adjuster that it was their insured who caused the accident or to be used as evidence if there is a lawsuit.
Gather evidence from witnesses and the accident scene.
Make sure you are in a safe situation, and get names and contact information from any eyewitnesses and bystanders who may have seen and/or heard the crash. Take photos and videos of the accident scene, including positions of the vehicles, damage to your motorcycle and other vehicles, traffic signs, your injuries, and any road conditions that may have contributed to the accident. It is important to get as much information as possible to show that the car that hit you was at fault.
Contact your insurance company. Report the accident to your insurance company as soon as possible. This provides another official record of your accident. Reporting the accident may also be required in your policy, in which case failure to do so can result in the denial of your future claim.
In Kentucky, “no fault” insurance means your motor vehicle liability policy includes coverage to pay the first $10,000 of your medical bills and lost wages arising from your accident – regardless of who was at fault. You first file a claim with your own personal injury protection (PIP) no-fault insurance policy to pay for medical care and other accident-related expenses.
Motorcycle drivers in Kentucky are required to carry liability insurance with a minimum coverage of $25,000 per person bodily injury, $50,000 per accident bodily injury, and $25,000 property damage. If costs of your damages exceed the limits of your insurance policy, or you have opted out of no-fault, Kentucky law allows you to take legal action against the at-fault driver in the crash, but only if you meet one of the following thresholds:
1. The car accident led to at least $1,000 in medical treatment costs.
2. You suffered any one of the following:
- A broken bone
- Loss of a bodily function
- Disfigurement
- Amputation
- Permanent injury
- Wrongful death.
Speak with a lawyer. Plaintiffs represented by attorneys generally receive much higher payouts after accidents than do crash victims trying to represent themselves in court. A skilled and experienced motorcycle accident lawyer can guide you through the legal process and protect your rights. They know how to argue and negotiate effectively and can handle communication with your insurance company and the other party’s insurance company. Your attorney can also gather additional evidence, hire expert witnesses to testify on your behalf, and represent you in court if your case goes to trial.
Common Injuries in Motorcycle Accidents
There are many ways a motorcyclist can be injured if they’re hit from behind by a car. Some of these include:
- Concussion
- Traumatic Brain Injury (TBI)
- Neck and back injuries
- Broken bones
- Internal bleeding
- Organ damage
- Road rash and lacerations
- Burns
- Blinding
- Paralysis.
- Death
According to the National Highway Traffic Safety Administration (NHTSA), there were 5,579 motorcyclists killed in the U.S. during 2020, which accounted for 14% of all fatal traffic accidents. This data shows that the likelihood of dying in a motorcycle accident is much higher than dying in a car or truck accident.
Get Help After a Motorcycle Accident
Attorney Billy Johnson has represented hundreds of clients who have been injured in motorcycle and other vehicle accidents. He has the skill and tenaciousness to go toe-to-toe with insurance companies and ensure that they pay fair amounts to victims of motorcycle crashes. With offices located in Pikeville, our Kentucky attorneys are fully prepared to fight for the compensation you deserve.
For a no-obligation free consultation, call us today at 606-437-4488.
Attorney Billy Johnson
William “Billy” Johnson grew up in the Dorton area of Pike County, Kentucky, and early on decided to stay in the beautiful Appalachian mountains. Like many others in Eastern Kentucky, Billy’s dad worked as a coal miner, a hard job but one that taught his son how to meet challenges head on and persevere. Attorney Billy Johnson has years of experience helping injured clients with claims such as car, truck, and motorcycle accidents, wrongful deaths, work injuries, and more. [ Attorney Bio ]
