Determining Liability in Kentucky Motorcycle Accidents

The joy and freedom of riding a motorcycle on Kentucky’s beautiful roads is hard to resist. However, sharing the road with drivers who are more distracted by passengers or their car’s technology only increases the risks that motorcyclists face when out riding.  

If you’re a motorcyclist injured in an accident, the effects can be lifelong and devastating to you and your family. At Saladino & Schaaf, PLLC, your motorcycle accident lawyers, we are dedicated to helping injured motorcycle wreck victims from Kentucky get the compensation they deserve. In Kentucky, determining liability for motorcycle accidents is a complex process that involves multiple factors and we are here to help get you the compensation you deserve.  

What is Comparative Fault?

Kentucky operates under a comparative fault system, which allows for the recovery of damages even if the plaintiff is partially at fault for the accident. This type of fault system reduces the amount of compensation awarded by the percentage of fault attributed to the plaintiff. For instance, if a motorcyclist is deemed 30% at fault for an accident, they would be eligible to receive 70% of the total damages awarded. We cover this in more detail in our blog post “Kentucky Car Accident Laws: Understanding No-Fault State, No-Fault Insurance, and Your Right to Sue.”

How is Fault Determined? 

Determining fault in a motorcycle accident requires several key factors as well as the conduct of the drivers. Law enforcement plays an important role in this process, typically being the first to arrive at the scene of an accident. Officers are responsible for documenting the incident, collecting evidence, and compiling an official police report. The police report is often a necessary document in evaluating subsequent liability during insurance negotiations and legal proceedings.

Traffic laws also play a significant role in fault determination. Violations of traffic regulations, such as failure to yield right-of-way, speeding, or improper lane changes, can significantly influence the assignment of liability. These driving infractions may provide evidence of negligence or recklessness, which is necessary in determining fault.

Factors Affecting Liability in Motorcycle Accidents

In the aftermath of an accident, people are often agitated and upset. One thing that can complicate liability determination in motorcycle accidents is admissions made at the scene by those involved. Try to avoid making any kind of statement. The urge to apologize at the scene of an accident is a common one. However, even a seemingly innocent apology may be construed as an admission of liability in legal proceedings.

Failing to timely seek medical attention can be damaging to a later case for compensation, as it may be interpreted as an indication that injuries were not severe or were not directly related to the accident. That is why it is important to follow up after an accident with your medical provider.

Steps to Take at the Scene

If you’re hurt at the scene, make sure you get medical attention. Police and ambulance are often called to the scene so be sure to get checked out at the scene and then follow up with your own medical provider in the days to come as symptoms of concussions or head injuries, muscle sprains, and bruising sometimes don’t immediately appear.

Gathering evidence in the aftermath of an accident can also be important in determining liability. If you can, document all aspects of the accident and its aftermath using your phone. Photograph the scene, including all the vehicles involved, the road conditions, the surrounding traffic area, and any traffic signs and traffic lights. Document any physical evidence from the accident scene, such as skid marks or debris patterns, and collect contact information for any potential eyewitnesses. Collecting traffic camera footage from the accident scene and surrounding areas and accessing data from vehicle computers or smartphones may also shed light on the potential liability of those involved in the accident. 

Other Considerations

Negotiating directly with an insurance company is something we recommend avoiding. Insurance adjusters are trained to minimize their company’s financial liability, and statements made to them can potentially be used to reduce your settlement.  

Determining liability in Kentucky motorcycle accidents is a complex process that requires a thorough understanding of state laws, collecting and analyzing evidence, and strategic legal representation.  At Saladino & Schaaf, PLLC, we are experienced motorcycle accident lawyers and we have helped thousands of injured individuals after they have been hurt due to the negligence of others.

Kentucky Motorcycle Accident Lawyers – You Don’t Have to Go It Alone

At Saladino & Schaaf, PLLC, it’s our job to ensure you receive fair compensation for your motorcycle accident injuries. Our goal is to make sure your voice is heard and your rights are protected. Let us help. Your first consultation is always free. Call 270-444-0406 (Paducah) or 270-753-1529 (Murray) or contact us today. Our offices are conveniently located in Paducah and Murray.