Morrin Law Office
Motorcycle Accident Attorney in Georgetown, Kentucky
A motorcycle is considered by law any motor-driven vehicle with a seat or saddle that is designed to travel on two or three wheels.
By design, motorcycles are more vulnerable to hazards like weather and road conditions. Given their smaller shape and size, motorcycles are also less visible to other drivers and users of the road, making them easier targets in a collision. On top of that, the actual operation of a motorcycle requires more mental and physical skills than those used in the operation of a standard vehicle.
The Insurance Information Institute (iii) found that out of the 9,567,664 registered motorcycles in 2022, there were 82,687 reported injuries and 6,218 deaths caused by motorcycle collisions. For Georgetown, Kentucky, dangerous roads like US Route 62 pose a grave danger to motorcyclists, even being listed as the most dangerous road in the state.
What should a person do if involved in a collision with a motorcycle? Kentuckians need to understand the various rules and regulations surrounding personal injury claims for injured motorcyclists. The attorneys with Morrin Law are prepared to provide you with helpful insight and legal representation during this difficult time.
Motorcycle Operation Laws in Kentucky
KRS 189.285 lays out the state’s regulations for operating a motorcycle in Kentucky:
- Motorcycle Operation: A person who wishes to own and operate a motorcycle in Kentucky legally must first obtain a valid motorcycle operator’s license. In addition, the operator must wear protective eye gear and have a rear-view mirror attached to the bike. During operation, the driver and any passenger must sit in the spot designed for that purpose and use the designated footrests.
- Helmet requirements: Wearing a helmet while riding a motorcycle is optional unless the person fits into any of the following three categories:
- Motorcycle operator is under 21 years-old;
- Motorcycle operator only has an instruction permit; or
- Motorcycle operator has had their valid license for less than a year.
A motorcyclist who fits into the above categories must wear a helmet while driving or riding on a bike.
Causes of Motorcycle Collisions
According to the Kentucky State Police, no matter how careful a motorcyclist is on the road, “there will be times when you find yourself in a tight spot.” Motorcycle accidents often occur when a rider is not skilled or prepared enough in crash avoidance maneuvers.
Common causes of collisions involving motorcycles include:
- Inexperience or improper handling of the vehicle;
- Aggressive driving by the motorcyclist or other driver on the road;
- Distracted driving caused by using a phone, playing games, self-grooming, eating, watching videos, or any action that takes the driver’s attention from the road;
- Impaired driving caused by drinking or consuming drugs;
- Speeding while driving;
- Operating a motorcycle or vehicle while fatigued;
- The failure to detect or recognize motorcyclists on the road; and
- Other vehicles attempting to make a left-hand turn in front of a motorcyclist.
Each year, the Kentucky Department of Transportation releases its Traffic Collision Facts. During 2022, the top five most common causes of Kentucky motorcycle crashes included the following:
- Inattention (454 motorcycle collisions);
- Not Under Proper Control (382 collisions);
- Failed to Yield Right of Way (179 collisions);
- Exceeded State Speed Limit (79 collisions); and
- Alcohol Involvement (70 collisions).
Resulting Injuries and Damages from a Motorcycle Accident
A motorcycle can weigh between 300 and 1,000 lbs depending on the model. In comparison, standard vehicles weigh up to 6,000 lbs. A commercial truck is even larger, weighing 10,000 lbs or more. This means that a motorcyclist struck by another vehicle or involved in a collision is likely to suffer severe injuries. This is even more true given the fact that a motorcycle lacks the same safety features that a standard car has.
Common injuries that can result from a motorcycle collision can include, but is not limited to:
- Broken bones;
- Bone fractures;
- Concussion;
- Amputation;
- Whiplash;
- Traumatic brain injury (TBI);
- Dislocated shoulder;
- Road rash;
- Severe lacerations or cuts;
- Permanent scarring; or
- Internal organ damage.
The accumulated damages that result in an accident will help determine what compensation you may be eligible for. Damages refer to how your injuries have affected your daily life. If you seek to file a personal injury claim in Kentucky, an attorney can attempt to seek compensation for any of the following damages:
- Medical expenses;
- Lost wages or benefits;
- Disability;
- Property damage;
- Pain and suffering;
- Loss of consortium; and
- Wrongful death.
In the worst-case scenario of accidents, the motorcyclist suffers wrongful death from a collision. Contact the personal injury attorneys with Morrin Law to discuss the details of your loved one’s wrongful death suit.
Motorcycle Insurance Overview
Kentucky’s Department of Insurance explains that the state follows a “choice no-fault rule.” This means that after an accident occurs, the injured party’s personal injury protection (PIP) should cover their expenses for the injuries and damages resulting from the collision. This is regardless of who was deemed “at fault” for the crash.
However, it is important to point out the exception: Kentucky does not require motorcyclists to obtain PIP coverage. Unlike other motorists, a motorcycle operator can opt out of the PIP coverage. If the motorcyclists did not elect basic PIP coverage, they would not be eligible for any of the benefits that usually stem from this coverage. A Kentucky Personal Injury attorney in Richmond, KY, with Morrin Law can help explain motorcycle accidents and insurance during a risk-free case evaluation.
Legal Options Following a Georgetown Motorcycle Wreck
If you recently suffered injuries from a motorcycle accident in Kentucky, you have several options on what to do next. The two options available to you are to file a personal injury claim or file a lawsuit.
The process of filing a personal injury claim in Kentucky is based on the following:
- Informal process – This includes collecting evidence from the crash site, contacting a personal injury attorney to represent the case, and contacting the insurance companies to discuss the extent of damages and injuries.
- Negotiation – The injured party or their attorney will negotiate with insurance adjusters to attempt to reach a fair settlement for the medical expenses, lost wages, and other damages.
- Settlement – The claim is either resolved through a settlement, or it can be denied.
If for any reason the settlement offer is too low or you disagree, you can seek to file a lawsuit against the at-fault party. However, it is worth noting that under KRS 304.39-060, the following thresholds must be exceeded to file a lawsuit for damages:
- $1,000 in medical expenses;
- A broken bone(s);
- Permanent injury; or
- Permanent disfigurement.
It is understandably stressful and time-consuming to deal with the aftermath of a car crash. Keep in mind that Kentucky’s statute of limitations allows an injured person two years to file, from the date of the accident or discovered injury. If you wait too long to file your case could get barred. By seeking representation and legal guidance from Morrin Law, you can focus on recovering while we help build your case, speak to insurance adjusters, and negotiate a fair settlement on your behalf.
Example Case in Georgetown
September 2024 – Georgetown Police responded to a collision that occurred on September 20th, 2024, along the 129 overpass near Cherry Blossom Way. A local report indicated that the crash occurred right before 7am.
“We have determined that the motorcyclist was traveling westbound on Cherry Blossom, crossing over the 129 overpass, and the SUV was making a left-hand turn onto Northbound I-75,” said Georgetown Police Assistant Chief Josh Nash. The motorcyclist, 30 year-old Joshua Shepherd, was pronounced dead at the scene. The SUV operator was transported to the hospital to treat minor injuries.
“Unfortunately, we do see quite a bit of fatalities when motorcycles are involved, and usually speed is a factor. Now, I don’t know if speed was a factor here, but another thing was 6:50 in the morning. Visibility is low, so sometimes that causes an issue as well,” said Nash.
Contact a Kentucky Personal Injury Lawyer with Morrin Law
If you or someone you love was seriously injured by or while riding a motorcycle, you may be able to seek compensation for your damages. The most important thing you should be focusing on after getting injured in a car accident is to have a full physical, mental, and emotional recovery. By hiring a personal injury attorney, you can focus on resting while we take on the brunt of the work. We can talk to insurance agencies on your behalf and fight for the settlement your injuries deserve.
If you’re ready to take back your life and health with the ultimate legal team, contact Morrin Law Office today. We provide free consultations when you contact our office at (859) 358-0300.
A Kentucky Motorcycle Accident Attorney Can Help
Seeking compensation through a personal injury claim can be a complicated process. On top of dealing with the physical and mental anguish that often accompanies serious injuries, the last thing you should have to deal with is the legal side of things. By hiring a personal injury attorney, you know your case is in the hands of a lawyer who is experienced in speaking to strict insurance companies, analyzing evidence relating to the accident, and fighting for fair compensation through the legal proceedings.
Morrin Law Firm understands that this is an extremely difficult time in your life. Whether you have been severely injured or have had to grieve the loss of a loved one in a wrongful death motorcycle case, securing the right representation will make all the difference in your case. Our firm will gladly go over the surrounding details of your accident during a free case evaluation. All you have to do is call our office today at (859) 358-0300