What Are Common Causes Of Motorcycle Accidents? What Are Common Causes Of Motorcycle Accidents?
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Jim Desmond Law Office,PLLC

Usually it is not the motorcyclist but rather the driver of the car that caused the wreck. Most of the time, it is just the inattention of the car driver that causes the wreck.

What Can I Expect To Recover In A Personal Injury Lawsuit Involving A Motorcycle Accident?

If a personal injury attorney is going to be honest with you, he has to answer that question with “I don’t know” for at least the first 30 days he is handling the claim. I say this because motorcycle wrecks test the knowledge of a personal injury lawyer and your potential recovery depends upon so many factors. For example, we need to know: how much insurance coverage was on the other driver; did you put uninsured and/or underinsured motorist coverage on your motorcycle insurance policy; can we use your health insurance to reduce your total medical expenses and if so, do they have a subrogation lien wherein they are entitled to recover the amounts they pay from your settlement.

These are just a few factors that we won’t have answers to until we have sufficient time to investigate the claim.

How Long Do I Have To File A Claim After My Motorcycle Accident?

The Statute of Limitations for a motorcycle wreck in Kentucky or Indiana is two years from the date of the motorcycle wreck. For Kentucky motorcycle wrecks, do NOT assume you can extend that Statute of Limitations to two years from the date of the last no-fault payment as most motorcycle insurance policies do not carry no-fault coverage.

If I Am Involved In A Motorcycle Accident In Another State, Do I Need To Hire An Attorney There?

Attorneys are licensed by the State governments and have to be admitted to the Bar Association for the state they are practicing in. So for example, I am licensed to practice law in Kentucky and Indiana even though my law office is physically located in Kentucky. If a motorcycle wreck happens somewhere else, usually we will hire as co-counsel with a local firm from that State to assist us in the handling of your injury claim. In that case, you still only pay one attorney’s fee and we simply split that attorney’s fee with the local firm we are co-counseling your case with.

Do I Need A Motorcycle Accident Attorney Even If My Injuries Are Not Serious?

Especially for Kentucky motorcycle wrecks, my answer is “yes”. In short, recall Kentucky is a no-fault state which means you are entitled to have the first $10,000 of your medical bills paid by the insurance company for the vehicle you are operating. In exchange for that right, we give up the right to recover the medical bills that could be paid as no-fault benefits. For a motorcyclist, no-fault coverage is not automatic but you losing the right to recover the first $10,000 of your medical bills is. In other words, if you are on motorcycle and you did not buy no-fault insurance for that motorcycle, you can’t recover the first $10,000 of medical bills from the at-fault driver even though you were not at fault in causing the wreck. In essence, you are penalized by the law the moment you sit down on your motorcycle. So yes, I think it is important to always hire a good personal injury wreck to handle a motorcycle accident whether the injuries are serious or minor.

For more information on Common Causes Of Motorcycle Accidents, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (502) 609-7657 today.