Lexington Motorcycle Accident Lawyers
Riding a motorcycle can be a great way to get to work or just take in the fresh Kentucky air. And for the over 122,000 motorcyclists in Kentucky, these vehicles offer a fuel efficient and enjoyable means of transportation. However, it should come as no surprise to anyone that these vehicles can be dangerous. Indeed, each year, there are almost 1,500 Kentucky motorcycle accidents. While this figure represents less than one percent of the total traffic accidents in the state, fatal motorcycle accidents are responsible for nearly eight percent of the traffic-related deaths.
Causes of Fayette County Motorcycle Collisions
Like other traffic accidents, there are many potential causes of a motorcycle accident. However, no car accident victims face the societal stigma that motorcyclists face. Unfortunately, many motorists believe that motorcyclists are aggressive drivers who weave in and out of traffic at high speeds, causing nearby drivers stress and anxiety. However, the reality is that aggressive driving is not frequently reported among Kentucky motorcyclists. Indeed, less than half of motorcycle accidents are reportedly caused as a result of the motorcyclist’s negligence.
In the majority of cases, those who have been involved in a motorcycle accident are the victim of another motorists negligent driving. The Kentucky state government releases a report each year detailing the number of traffic accidents in the state, as well as their cause. According to the most recent data, the top causes of Kentucky motorcycle accidents are:
- Failure to yield the right-of-way
- Distracted and inattentive driving
- Improper turning
Motorcyclists who have been in an accident should not be dissuaded from pursuing a claim against another party. Fayette County motorcycle accident victims should reach out to a dedicated injury lawyer for assistance.
Common Motorcycle Accident Injuries
Lexington motorcycle accidents often involve high speeds. On top of that, riders are afforded little to no protection by the motorcycle, frequently resulting in severe injury. Some of the most common injuries in Fayette County motorcycle accidents are:
- Road rash
- Broken bones
- Brain injuries, including concussions, traumatic brain injuries (TBIs) and skull fractures
- Spinal cord injuries
- Joint injuries
- Injuries to the soft tissue surrounding the neck, back and knees.
Kentucky Motorcycle Helmet Laws
One of the most common questions that comes up when discussing Kentucky personal injury law as it pertains to motorcycle accidents, is whether a rider who is injured while not wearing a helmet can still recover for their injuries. Regardless of what the law says, wearing a helmet is always a good idea. Of 86 people killed in fatal Kentucky motorcycle accidents in 2018, just 34 of them were wearing their helmet, while 52 were not.
Before 1998, all motorcyclists were required to wear a helmet. However, Kentucky lawmakers changed that law in 1998. Under the current version of Kentucky’s helmet law, only the following riders are required to wear a helmet:
- Riders under the age of 21;
- Riders who do not yet have their license, and are using a motorcycle instruction permit; and
- Riders who have had their license for less than one year.
Studies have shown that wearing a helmet may reduce the chance of serious long-term injury or death in the event of a motorcycle accident. However, what studies do not show is that wearing a helmet can reduce the chance of getting into an accident. That is because, while wearing a helmet may have an impact on the effects of an accident, helmet use has nothing to do with the cause of an accident. Thus, under Kentucky law, the mere fact that a rider is not wearing a helmet at the time of a collision cannot prevent the rider from bringing a case against the at-fault driver.
That being said, Lexington motorcycle accident victims who were not wearing a helmet should be cautious when bringing a personal injury case because state law does allow for an accident victim’s damages to be reduced based on their own comparative fault. In the context of a motorcycle accident, an at-fault driver may claim that a motorcycle accident would not have resulted in such serious injuries if the rider would have been wearing a helmet. If successful, the at-fault driver will be able to shift some of the blame for the accident onto the victim, reducing their total recovery amount. This highlights the importance of working with Lexington motorcycle accident attorney who is familiar with local laws and can persuasively present a client’s case to the judge or jury.
Consult with a Dedicated Lexington Motorcycle Accident Injury Law Firm
If you or a loved one has been involved in a motorcycle accident in the Lexington area, you need an experienced personal injury law firm behind you. At Hessig & Pohl, we are ready to help you pursue a claim for compensation against the parties responsible for your injuries. One of the reasons Hessig & Pohl is a popular choice among Kentucky car accident victims is that our representation does not cost you anything out-of-pocket. We work on a contingency basis and cover all litigation costs. We will not collect a fee unless we are able to help you recover compensation for your injuries. Contact us through our contact form, or call our office at (502) 777-1111. The initial consultation is always free.
Marty fought for me when the insurance company denied my claim. We sued and got the insurance limits.