Mount Washington Motorcycle Accident Lawyer
While riding your motorcycle, if you were injured by a negligent driver, you have the right to pursue an injury claim against their insurance company. To recover fully from your loss, you owe it to yourself to talk with a Mount Washington motorcycle accident lawyer.
Motorcycle Accident Attorneys In Mount Washington
Duty of Care Owed to a Motorcyclist
When you ride your motorcycle, other drivers on the roadway have a duty to operate their vehicles safely and responsibly. If someone operates their vehicle while distracted, impaired, recklessly, or outside what the law allows, they have breached their duty and can be held liable for their actions.
If you are involved in a motorcycle accident caused by an at-fault driver, it is highly recommended you consult with a lawyer in Mount Washington as soon as possible. An injury attorney can help gather the necessary evidence to not only prove that the other driver was at fault, but also to prove your damages.
Potential Compensation After a Motorbike Wreck
It is necessary for you to track all medical bills, lost wages, loss of future income, loss of property, predictions of future healthcare costs, and the loss of future opportunities (new jobs, promotions). An injury attorney can assist with this process. This information is crucial for establishing the amount of damages that you seek.
You have a single chance to secure the money you need to heal, so gathering this evidence is very important. An attorney skilled in motorbike wreck cases can help you analyze, document, and establish the amount related to all of your damages.
Pursuing a Settlement or Going to Trial
A settlement occurs when both sides reach an agreement that the other driver’s insurance company will pay you to cover your damages caused by the accident. In return, you agree that you will cease further legal action against the negligent driver. Accepting a settlement speeds the transfer of money as opposed to the lengthy process to take the case to trial.
Settling an injury claim requires extensive negotiations against trained professional negotiators employed by insurance companies. Their negotiators will make significant efforts to minimize your injury claim, so it is to your benefit to have someone on your side who has battled these insurance companies successfully. An experienced lawyer can help to attempt to maximize your award.
If a settlement can’t be reached, your case will move to trial after months of litigation. A trial introduces another layer of complexity that focuses on procedure and deadlines during the litigation process. Judges are very protective of the court’s time and expect all participants to adhere to specific procedures and deadlines. One mistake, or one missed deadline, can bring your case to an unsatisfying end. We recommend that you contract with a motorcycle accident attorney that has the knowledge to respond to, and comply with, all requirements of the court.
Frequently Asked Questions
What Factors Determine the Value of a Motorcycle Injury Claim?
Numerous factors have to be evaluated to attempt to determine the value of a motorcycle injury claim. If you or a loved one have been injured on a motorcycle, it is highly recommended you consult with a motorcycle injury attorney so you can be apprised of all legal options available to you. You may be able to pursue a claim for monetary damages from those who caused the injuries. A motorcycle accident injury attorney can provide you with an estimated range of what your motorcycle injury claim may be worth. Below we discuss many of the factors that must be analyzed to try to determine the value of your damages sustained in a motorcycle injury crash.
What is Liability in a Motorcycle Accident?
Who is liable for the motorcycle accident? Was the other driver 100% liable for the accident due to their careless or reckless actions? Can any liability be apportioned against you for your actions in the accident? These are crucial questions that must be examined when trying to determine the value of a motorcycle accident injury claim.
Fortunately, in Kentucky, pure comparative negligence laws apply. This means that so long as a judge or jury does not determine you to be 100% at fault for the motorcycle accident, you are still entitled to recover a portion of your damages from any party determined to have some liability for the accident. For example, say a trier of fact, such as a judge or jury, concludes that you are 15% at fault for the accident, and that another driver involved in the accident is 85% at fault for the accident. In this scenario, your claim for damages is diminished by 15% of the valued amount of your damages. Thus, you would legally be entitled to recover 85% of your total damages from the other driver or their insurance company.
How Does Being in a No-Fault State Affect a Motorcycle Accident Claim?
The fact that Kentucky is a “no-fault” state is another important factor that must be considered when evaluating the claim of a motorcycle accident injury. Under “no-fault laws,” your automobile insurer is required to provide no-fault insurance coverage for automobiles. “No-fault” insurance coverage is also known as personal injury protection (PIP) benefits. This insurance coverage provides insurance, typically in the amount of $10,000.00, and is meant to cover your medical bills, lost wages, and other “out of pocket” expenses resulting from your injuries. Provided you have this type of insurance coverage on your policy, your insurer is required to pay out this coverage for expenses related to injuries sustained in the accident following an accident regardless of who was the “at fault” party in the accident.
Per Kentucky law, PIP must be paid by the insurer of the vehicle in which you occupied at the time of the accident. Kentuckians, if they decide to do so, also have the option to buy additional PIP benefits in excess of the $10,000.
Why Do Most Kentucky Motorcyclists Not Have PIP?
Kentucky law does not force insurers to provide PIP insurance coverage on motorcycles. PIP is only optional insurance coverage on motorcycles and unfortunately, most of our motorcycle accident clients do not have PIP insurance on their motorcycle. If a Kentucky motorcyclist does not purchase PIP coverage, they, unfortunately, are not entitled to recover the first $10,000 of their damages caused by a liable motorist in a motorcycle accident.
How does this work when calculating damages for injuries following a motorcycle crash? Say, for example, you are involved in a motorcycle accident while on a motorcycle (without PIP insurance on it) and get a $950,000.00 judgment in court on your case for your damages. In this scenario, you will only legally be entitled to be compensated in the amount of $940,000 from the liable driver or their insurance company. Why is this the case? This is the case because Kentucky law requires that a $10,000 offset has to overcome on any injury case where the claimant does not have PIP coverage in place before the claimant is entitled to any compensation for their damages.
What Are the Insurance Policy Limits in a Motorcycle Accident?
How much insurance coverage does the at-fault driver(s) have? It is always extremely important to investigate how much insurance is available to you following injuries sustained in a motorcycle accident, especially if the injuries are catastrophic. According to Kentucky law, Kentucky motorists must maintain minimum bodily injury liability limits of $25,000 per person and $50,000 per accident on any automobile insurance policy.
If the at-fault motorist did not have insurance, you would also want to check to see if your motorcycle policy included uninsured motorist benefits as you may be entitled to recover your damages under this type of coverage in such a scenario. Additionally, if the at-fault driver did not have enough insurance to cover your damages in the accident, it is crucial you check to see if you are eligible to recover monetary compensation under your motorcycle policy underinsured motorist benefits coverage. This type of coverage is purely optional, but if you do have this type of coverage it could certainly provide you with a safety net in the event the other driver did not maintain enough insurance to cover your damages. In order to maximize your monetary recovery for your injuries, it is often necessary to determine how much insurance is available to you for your damages and it is highly recommended that you consult with an injury attorney to help you with this process.
Who Can Help Seek Damages in Your Motorcycle Accident Case in Mount Washington?
The Meagher Injury Lawyers exclusively dedicate their law practice to personal injury cases and have handled numerous motorcycle accident cases. Motorcycle accidents can often be catastrophic. To protect your future, it is highly recommended you reach out to a Mount Washington motorcycle accident injury attorney. If you or a loved one have been injured in a motorcycle accident in Mount Washington, schedule a consultation to find out your legal options today.
Contact a Skilled Mount Washington Motorcycle Accident Attorney
Attorney Tate Meagher is a Mount Washington motorcycle accident lawyer who advocates for each of his clients and is focused on maximizing results. He has successfully negotiated tough cases and is happy to provide others with guidance when they need it most.
Legal fees are only owed to Meagher Injury Lawyers if your case is settled or you receive an award at trial. The legal fee is determined by a percentage of the award agreed upon at the time you contract with our office. You never owe anything unless a financial recovery is made on your case. Contact us today to get started.