Frequently Asked Questions
A motorcycle is no match for a larger vehicle in a crash, so when accidents happen, motorcyclists often suffer catastrophic injuries that frequently lead to death. Survivors may be left dealing with tremendous pain and suffering, and mounting medical, rehabilitation, and household bills, at a time they are unable to work.
If you or a loved one has suffered injuries or someone has died in a motorcycle accident, you may be entitled to compensation, through insurance or a personal injury lawsuit, for the damages and injuries you received. However, winning fair compensation is not easy without legal assistance, and chances are you are unsure of what to do next and have many questions. These are best answered at your free legal consultation, but to get you started, the following are some answers to questions our motorcycle accident attorneys are often asked:
Am I required to carry liability insurance if I ride a motorcycle in Kentucky?
Kentucky is a no-fault state, meaning you first turn to your own insurance coverage after an accident, regardless of fault, and Kentucky requires all drivers to carry at least a minimal amount ($10,000 coverage) of Personal Injury Protection (PIP) insurance. When you get into an accident, your insurance company is the one that pays your medical bills.
While PIP is not mandated for motorcycle riders, if you don’t have PIP coverage you will generally be prohibited from collecting the basic $10,000 coverage from any PIP plan, even if it is the other party’s fault.
When can I bring a lawsuit for my injuries?
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 — if you meet one of the following thresholds:
1. You had at least $1,000 in medical treatment costs from the accident
2. You suffered any one of the following:
- A broken bone
- Loss of a bodily function
- Disfigurement
- Amputation
- Permanent injury
- Wrongful death.
What compensation can I get for a motorcycle accident?
There are a wide range of damage award amounts possible in motorcycle accident cases, from the thousands to millions of dollars, depending on the individual circumstances involved. In a successful case, you may receive an award that cover both your economic and noneconomic damages.
- Economic damages are for your monetary losses, such as medical and rehabilitation costs, property damaged in the accident, and lost income if unable to work.
- Non-economic damages are those that do not have a specific dollar value but negatively impact your quality of life, such as physical and emotional pain and suffering or loss of consortium.
I wasn’t at fault for my motorcycle accident; the other guy hit me. Can an attorney help me file a lawsuit?
Yes, but first things first. The normal process is to first file a claim with the negligent driver’s insurance company. Chances are, they’ll give you weak excuses for not paying the claim quickly, and may even accuse you of being at fault. Having a lawyer deflect these baseless charges and demand payment for your damages places pressure on the other driver’s insurance company to hopefully offer you a fair settlement amount, which you choose to accept or reject.
The odds are good that we’ll negotiate an acceptable offer, but if you are not satisfied with what the insurance company offers, we then will file the claim in civil court. If the defendant refuses to settle, we will argue your demands clearly and aggressively in court.
Ultimately you decide what to do. We’re here to serve your legal needs, give you sound legal advice and help you get the compensation you need.
A policeman said I may be partly to blame for the accident. Can I still collect compensation?
Yes. Kentucky has a “pure comparative fault” statute, which means that if two people are partially at fault for injuries sustained in an accident, you may still receive compensation, but damages may be reduced by the percentage that it is determined to be each person’s fault. For example, if your actions warrant carrying 25 percent of the blame (fault) for the accident and your damages were $50,000, you would recover $38,500 (75 percent) of the damages under Kentucky law. You should contact a qualified motorcycle accident attorney if there is any chance you may have been partially responsible for the crash.
Does Kentucky state law require me to wear a helmet when riding my motorcycle?
Yes, if any of the following three conditions apply to you:
- You (as rider or passenger) are under age 21.
- You have only a motorcycle instruction permit.
- You’ve had your full motorcycle operator’s license for less than one year.
Be aware that not wearing a helmet may affect the amount of compensation you could get, especially if you suffered a head injury. The insurance company is bound to accuse you of not really caring about your safety because you didn’t wear a helmet; and in court, that could be a hard accusation to overcome in front of a jury. Plus, wearing one proves that you ARE responsible, that you DO care about your safety and that of your passengers.
If I was a passenger in a motorcycle wreck, can I still file a motorcycle accident injury lawsuit?
Yes. Hopefully, you have PIP protection on your car insurance so you are not limited in the amount of damages you are permitted to collect. Check with a lawyer during your free consultation for a more detailed answer on that. You can usually file an injury lawsuit against the driver of the motorcycle, the driver of the vehicle that hit you, or maybe even both if they each are partially responsible.
What do I say if the other party’s insurance company contacts me about the accident?
Say nothing. Insurance companies want to pay as little as possible and will often try to use your words against you. Tell the adjuster you’ll get back with them. Then, find a motorcycle accident lawyer to handle everything from that point on, including their pesky nuisance calls. Once you have a lawyer, they have to deal with your attorney and stop calling you.
Do I need an attorney after a Kentucky motorcycle crash?
You are not required by law to hire an attorney if you’ve been in a crash. But if you have been injured, an experienced Kentucky motorcycle accident attorney can dramatically improve your chances of obtaining compensation for your losses. 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 ]
