According to the National Safety Council (NSC), motorcycles make up less than 5% of all registered vehicles and .6% of all vehicle miles traveled nationwide. However, motorcyclists account for a disproportionate number of traffic fatalities. Motorcyclists account for about 14% of all traffic deaths, 18% of traffic fatalities, and 4% of occupant injuries. Moreover, according to the most recent report by the Kentucky Transportation Center, motorcycles represented 7% of the vehicles in fatal collisions.
These statistics highlight the harrowing nature and severity of motorcycle accidents in Kentucky. Accordingly, those who suffer injuries in an accident should consult with an attorney to discuss the average payout for a motorcycle accident in Kentucky. An experienced injury lawyer can help motorcyclists, passengers, and other road users understand their rights and remedies after an accident.
What Are the Leading Causes of Motorcycle Accidents in Kentucky?
Motorcyclists are involved in a significantly high number of road crashes. The National Highway Traffic Safety Administration (NHTSA) collects, reviews, and presents accident data to help make vehicles safer and reduce the likelihood of collisions. In the context of their research, the NHTSA defines motorcycles as two and three-wheeled motorcycles, off-road motorcycles, mopeds, motor scooters, mini-bikes, and pocket bikes. Further, “motorcyclist” is a general term referring to the rider or passenger.
According to the NHTSA’s key findings, motorcycle fatalities have increased by 11% over the past reporting year. The location of the motorcycle accident, weather conditions, and time of day all affect the likelihood of a serious accident. Additionally, the leading contributing factors that can cause an accident include the following:
- Lack of control,
- Failure to yield, and
- Alcohol impairment.
Any driver on the road who engages in these types of negligent conduct may be held liable for the damages.
What Are the Most Common Injuries After a Motorcycle Accident?
Motorcyclists tend to suffer more serious and potentially life-threatening injuries than other drivers when a crash occurs. One review of common motorcyclist collisions indicates that injury patterns can be organized into four primary categories. The four motorcycle crash types include the following:
- Lowside: When the rider falls to the lowside of their lean angle during a turn;
- Highside: When the rider falls to the opposite side of a turn while trying to correct, thereby flipping the bike over and ejecting the rider off the bike;
- Topside: The motorcycle suddenly slows speed, and the rider flips over the handlebars; and
- Collision: When the rider strikes or is struck by a stationary object and experiences blunt trauma.
These types of motorcycle crashes are likely to cause injuries to the lower extremities, head, and upper extremities. But the specific injuries a motorcyclist can experience in a collision include the following:
In some cases, the motorcyclist might succumb to their injuries at the scene or some point afterward.
Damages Available After a Kentucky Motorcycle Accident
There are many reasons motorcycle accidents occur, and determining the cause and the liable parties is the first step to ascertaining the available damages. Kentucky is one of the few no-fault car insurance states. Under the no-fault system, accident victims seeking compensation for medical bills and other financial losses must file a claim under their personal injury protection coverage (PIP), regardless of who was at fault.
Kentucky’s Made Whole Doctrine
Kentucky’s “Made Whole Doctrine” refers to a common law rule that states that an insurer is not entitled to recover from an at-fault party unless and until the insured has been or can be “made whole.” It is important to note that Kentucky is one of the few states which allow a contractual disclaimer of the Made Whole Doctrine. Thus, accident victims should consult with an attorney in any case where they are seeking a settlement or compensation after a Kentucky motorcycle accident.
Types of Damages in a Motorcycle Accident Claim
If the victim’s damages exceed a certain limit or meet specific prerequisites, they may be able to file a claim against the at-fault party. In these cases, the motorcycle victim or loved one may seek compensation for the following injuries.
Victims may secure compensation for the treatment of any physical injuries. This includes compensation for the costs of extended hospital stays, surgery, rehabilitation, psychological treatment, and physical therapy.
Pain and Suffering
Motorcycle accident victims may collect damages for the mental anguish they experienced because of the accident. These damages are not easily quantifiable. An attorney can help victims place a monetary value on the physical pain, mental suffering, loss of quality of life, and physical impairment they experienced due to the other party’s negligence.
Loss of Income
Kentucky accident victims may collect damages for the loss of earnings and income they experienced because of the accident.
Sometimes, motorcycle accident victims can secure compensation for their bike or equipment damage.
What Is the Average Payout for a Kentucky Motorcycle Accident?
There really is no average settlement for a motorcycle accident because settlement amounts depend on factors that vary greatly from case to case. An attorney knows how to assess these factors to determine an appropriate settlement.
Factors That Impact Motorcycle Accident Settlements
Various factors affect the amount of compensation a motorcycle victim can recover after an accident. These factors include the following:
- The severity of your injuries,
- The disruption to your life,
- Your treatment and recovery expenses,
- Who was liable and whether the victim bears any percentage of fault, and
- Emotional and psychological trauma.
A Kentucky personal injury attorney can help injury victims maximize their settlement after a motorcycle accident.
Experienced Kentucky Motorcycle Settlement Lawyer
If you were recently injured in a Kentucky motorcycle accident, reach out to the Gladstein Law Firm, PLLC, for immediate assistance. For more than a decade, Attorney Seth Gladstein has aggressively represented accident victims and their families in all types of personal injury and wrongful death claims, including those stemming from motorcycle accidents. With his help, you can effectively pursue a claim that might entitle you to significant compensation. Often, Attorney Gladstein is able to resolve cases through a favorable settlement, thereby avoiding the need for a long and stressful trial. However, as an experienced litigator, he never hesitates to take a case to trial when an insurance company is unwilling to play fair. To learn more and to schedule a free consultation today, give us a call or connect with us through our online form.