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Liability in a motorcycle accident in Kentucky depends on who is negligent for the accident. That means identifying the at-fault person as someone who owed the rider a duty of care and failed in it, resulting in an accident that caused injuries.
This may be another driver, a government entity that failed to maintain the road conditions, or the motorcycle rider themselves. To determine liability in a motorcycle accident, we must gather evidence that clearly demonstrates negligence. Speak with our trusted motorcycle accident lawyer in Lexington about your case today at (859) 268-4300.
One of the most common causes of motorcycle accidents is a driver who fails to yield the right of way to the rider. They may be texting, speeding, or running a red light and fail to stop to allow the motorcycle rider to pass with the right of way. As a choice no-fault state, a person’s own personal injury protection (PIP) coverage pays for medical losses and lost wages initially. However, you may seek action against another party that caused your accident if you exceed certain values.
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Manufacturers of the bike itself as well as individual component manufacturers could be responsible if their inferior design, manufacturing, or warnings cause you to suffer an accident. Some examples include:
If your bike broke down causing you to suffer injuries, speak to a motorcycle accident lawyer. Our injury attorney in Lexington will investigate what occurred to determine if the manufacturer can be held liable.
Bike riders face significant risks on roadways when conditions are unsafe. However, if the city knew about the risks and failed to warn or clear the problem, it may be possible to seek compensation against those parties. While this may apply in weather-related events, do not overlook conditions in which debris on roadways or damage to the street caused your injuries. If the city or property owner knew of the risk and had a reasonable amount of time to act on it, they could be responsible for your injuries.
There are situations where the motorcycle rider is at fault or partially at fault for the accident. Under Kentucky’s pure comparative fault law, the motorcycle rider can still seek compensation from the other party even if they are partially at fault. The rider may be at fault for speeding, failing to wear a helmet, or not having proper lighting, for example.
You can still seek a claim against the other party for your losses even if you are found 99% at fault. The compensation received is reduced by the percentage of fault attributed to you. Your attorney works to minimize this amount of compensation.
One or more people may be at fault for a motorcycle accident. Evidence from the scene, including witness statements, forensics, and accident reconstruction, can shed light on fault.
Your motorcycle accident attorney in Lexington is an ally in this process. Your attorney will gather evidence and piece together who is at fault while building your claim. This can provide you with clarity about who should pay for your losses. Schedule a free consultation with an attorney today.