Motorcycle Accident Attorneys in Covington, Kentucky

Motorcycle accidents can be highly traumatic and difficult events. Often, they can be life-changing experiences, resulting in serious injury or even loss of life. If you’ve been involved in a motorcycle accident, whether as a rider or passenger, the support of a skilled attorney can be invaluable.  

At The Berger Firm, our personal injury attorneys represent accident victims in and near Covington, Kentucky. With over 60 years of experience, we can help you file a personal injury claim and seek the compensation necessary to overcome the financial hardships you've endured. Contact us today to schedule a free consultation, where we’ll discuss the details of your case and determine your best path toward recovery. 

Steps to Take if You Were in a Motorcycle Accident

If you were involved in a motorcycle accident, it is crucial to take action as soon as possible by completing these steps:  

1. Seek medical help. Regardless of whether you perceive any visible injuries, it is essential to seek medical attention promptly. Some injuries resulting from motor vehicle accidents may not manifest immediately but could have serious underlying effects. By seeking medical help, you’re able to protect your well-being and document any injuries sustained. 

2. Document your accident. Take the time to document the accident in as much detail as possible. This includes capturing photographs of the accident scene, any visible injuries, damage to vehicles or property, and obtaining contact information from witnesses. Such documentation can prove invaluable if you need to file a personal injury claim later, as it provides vital evidence to support your case. 

3. Contact your insurance company. In Kentucky, as a no-fault state, motorists typically receive damage payments from their own insurance company, regardless of who may be at fault. It is essential to promptly inform your insurance company about the accident and provide them with the necessary details to initiate the claims process. 

4. Hire a personal injury attorney. Particularly if you have been involved in a serious motorcycle accident, you need to team up with a personal injury attorney. An experienced lawyer will navigate the legal complexities on your behalf, protect your rights, and advocate for the compensation you deserve. They will assess your case, gather evidence, communicate with insurance companies, and represent your interests in any legal proceedings, ensuring the best possible outcome. 

By following these crucial steps, you can set a solid foundation for your motorcycle accident case, while also prioritizing your current health and future well-being. 

Kentucky Motorcycle Laws

Adhering to Kentucky's motorcycle laws is not only crucial for safety but can also strengthen the validity of a personal injury claim. Here are some key aspects to consider: 

Lane Splitting 

Lane splitting, the act of maneuvering your motorcycle in between lanes, is not explicitly illegal in Kentucky. However, if you were lane splitting during an accident, it can complicate the strength of your claim.  

Helmet Laws 

Kentucky requires motorcyclists to wear helmets that meet the standards set by the US Department of Transportation. The helmet should fit securely around the head without obvious defects. Exceptions to the helmet law exist for riders over 21 years old with a motorcycle license for more than one year. 

Motorcycle Passengers 

Motorcycle passengers, regardless of age, must wear helmets whenever the vehicle is in motion. Additionally, operators who only have a permit (not a license) are not permitted to carry passengers. 

Required Motorcycle Equipment 

To be considered street-legal in Kentucky, motorcycles must have specific equipment, including: 

• a rearview mirror 

• headlight (with high and low beams) 

• taillight 

• horn 

• muffler 

• tailpipe 

• brake light 

• front and rear brakes 

• good tires 

• turn signals 

• license plate light 

Adhering to these laws and requirements not only ensures compliance with Kentucky regulations but also promotes safety for both riders and passengers. Understanding and abiding by these guidelines can contribute to a stronger personal injury claim and help create a safer environment on the road. 

Determining Fault in Kentucky

In Kentucky, determining fault in vehicle accidents operates differently compared to many other states. Kentucky follows a no-fault system, which means that if you are involved in a motorcycle accident, you initially rely on your own insurance to cover your injuries and property damage. It is mandatory for drivers in Kentucky to have at least the following insurance coverage: 

• $10,000 for property damage. 

• $25,000 for injury or death to a single individual. 

• $50,000 for injury or death involving multiple people.  

If your injuries exceed the coverage provided by your insurance, then you may pursue a personal injury claim against the at-fault driver’s insurance. 

According to Kentucky law, both sides may share liability for an accident. This means that if both parties engaged in activities that contributed to the accident, they’ll both be responsible for a percentage of the damages based on their respective levels of fault. 

Proving Negligence in a Kentucky Motorcycle Accident

Outside of fault, Kentucky also recognizes that negligence may contribute to a motorcycle accident. If one party is negligent, it means that their carelessness harmed another party. A personal injury claim for negligence must prove four things. 

1. Duty of Care: The offending party had an obligation, known as a “duty of care,” to act reasonably and responsibly to prevent harm to others. 

2. Breach of Duty: The responsible party failed to exercise their duty of care by acting in a careless or negligent manner, which directly caused harm to another. 

3. Causation: There must be a direct link between the breach of duty and the injuries suffered by the victim. It must be established that the negligent actions of the responsible party caused the injury or accident. 

4. Damages: The victim must have suffered actual financial damages as a result of the injury, such as medical expenses, property damages, lost wages, or pain and suffering. 

Filing a Motorcycle Wrongful Death Claim

If you have tragically lost a loved one in a motorcycle accident, you may be eligible to file a wrongful death claim. Typically, in order to win this type of claim, you generally must prove the defendant acted negligently. Since motorcycle wrongful death claims can be fairly complex and emotionally charged, it’s a good idea to hire a personal injury attorney from The Berger Firm represent you.