Indiana and Kentucky Motorcycle Accident Attorney
Free Consultation Now at 502-609-7657
Motorcycle crashes resulting in death or serious injury require an attorney attuned to the special laws and insurance issues. You also want a compassionate, accessible lawyer who is an aggressive advocate for the full compensation you deserve.
I am Jim Desmond, an Indiana and Kentucky motorcycle accident attorney with 12 years of experience in personal injury claims. You can contact me directly for a free consultation, and as a solo practitioner I personally handle every aspect of your claim. I collect no attorney's fees unless I successfully recover damages for you. The Kentucky State Bar requires us to say that COURT COSTS AND CASE EXPENSES WILL BE THE RESPONSIBILITY OF THE CLIENT.
Motorcycle Crash Statistics
- An average of 12 people die each day in U.S. motorcycle accidents, and the fatality rate continues to rise.
- U.S. motorcycle registrations have increased by about 50 percent in the last decade, while fatalities have shot up 89 percent.
- Kentucky: 68 motorcycle traffic deaths (2004)
- Indiana: 108 fatal motorcycle accidents (2004)
- Fatalities (and registrations) are rising fastest among riders over 40 - many lack experience and they are riding larger bikes. Alcohol-related deaths are also higher in the 40-plus group, while speed is more often associated with deaths in the under-30 group.
Desmond Law Offices represents motorcycle accident victims in Kentucky and Indiana, as well as family members seeking wrongful death compensation for fatal motorcycle accidents. I am all too familiar with the devastating injuries involved in motorcycle accidents, including head injury, back injury, paralysis, broken limbs and severe "road rash."
Motorcycle Insurance Coverage
Insurance coverage is far more important in a motorcycle wreck, because the injured rider faces such substantial medical bills. I offer a record of demonstrated success in negotiating settlements for victims, but any lawyer's hands are tied by the amount of insurance coverage available. Please see my page on Motorcycle Insurance Issues for important information every motorcyclist should consider. I also provide information on helmet laws and the consequences of riding without protection.
Liability in Motorcycle Accidents
Alcohol use and speeding by the operator are both highly correlated with motorcycle accidents. But negligence of the other driver is the leading cause of motorcycle collisions. The single most common scenario is a driver failing to yield the right of way in making a left turn at an intersection. This is precisely what happened to Pittsburgh Steelers quarterback Ben Roethlisberger, who was obeying traffic laws (but not wearing a helmet) when he was critically injured in the spring of 2006. In a scene echoed in cycle crashes nationwide, the driver said she "didn't see" his motorcycle until it was too late to avoid the accident.
If you have been injured in a motorcycle accident, I will promptly and thoroughly investigate for any evidence that the other driver was at fault:
- Speeding, running a stoplight, or other traffic violation
- Inattentive driving (eating, cell phone use, talking to passengers, etc.)
- Going too fast for conditions or following too close
- Driving under the influence of alcohol or drugs
What If I Was at Fault Too?
Kentucky and Indiana are comparative negligence states. This means that if your actions or failure to act contributed to the crash, you may still be able to sue for some of your damages. However, your recovery will be reduced by the percentage a jury finds you at fault. Let's say you were speeding and the insurance company is arguing you are 30 percent at fault. However, the other driver ran a stop sign and was found 70 percent at fault. The other driver's insurance company would argue that whatever the value of your case is, it should be reduced by 30 percent.
Kentucky is a pure comparative negligence state - you can collect some damages even if you were 90 percent at fault. Indiana is a modified comparative negligence state - you cannot collect if you were 50 percent or more at fault.
Statute of Limitations
In Indiana, you must file a personal injury claim within two years of the accident. Kentucky's statute of limitations is also two years, though it can be extended in certain circumstances.
Speak to a Motorcycle Injury Attorney Now
Please contact me on my cell phone at 502-609-7657 or e-mail Desmond Law Offices for a free evaluation of your motorcycle accident claim. I will meet with you personally and work hard to get the compensation you need and deserve.
