Lexington Motorcycle Accident Lawyer
Central and Eastern Kentucky Motorcycle Accident Attorney
You or someone you know has been injured in a motorcycle accident. Did you know that you may be entitled to recover compensation for your injuries, lost wages, and damages to your motorcycle? All drivers have a legal duty to drive carefully and pay attention to their surroundings. When a driver is distracted, they are more likely to cause a wreck by either: 1) causing their vehicle to crash into a motorcycle; 2) causing a motorcycle to crash into theirs; or 3) forcing other motorcycles to avoid crashing.
If you were involved in a motorcycle crash, James Clayton Hall, PLC will help you get the compensation that you have a right to under the law.
James Clayton Hall, PLC represents clients who have been injured or have lost a loved one in a motorcycle accident.
If you were involved in a motorcycle accident and believe another motorist is responsible, contact our personal injury law firm immediately at (859) ASK-HALL (275-4255)
for a free consultation to determine whether you have a claim. Any significant delay can diminish the value of your potential claim so it’s important to act quickly. Our attorney will go over the facts of your case with you and provide you with options on how to proceed.
The injuries resulting from a motorcycle accident can range from minor scrapes, cuts, and bruises to more severe injuries such as fractures, Traumatic Brain Injuries, Spinal Cord Injuries, and other injuries that cause permanent disability. Any of these situations can impact your daily life and quality of life.
The legal team at James Clayton Hall, PLC will do everything necessary to provide our client with access to the best medical care available.
If you are a victim of a motorcycle accident you are entitled to compensation for your losses including medical bills, lost wages, pain and suffering, lost income and mental anguish.
Likewise, victims of moped accidents are also entitled to compensation for such losses.
JAMES C. HALL I LEXINGTON PERSONAL INJURY ATTORNEY
James Clayton Hall, PLC
in Lexington can help you sort through legal issues relating to your motorcycle accident and can help get you the best resolution. James C. Hall has years of experience handling difficult motorcycle accident cases and has assisted many clients in getting the settlement they deserve
. As a victim of a motorcycle accident you are entitled to reimbursement for any injuries sustained in the motorcycle accident.Call us today
for a free initial consultation so we can review your case and determine the best strategy to receive the maximum amount of compensation to cover your injuries. Personal injury cases must be
brought within a specific time period, so it is important to contact us as soon as possible so we can ensure your case gets settled within the limitations period.
It’s important to take steps to secure your legal rights as quickly as possible to secure the best possible outcome.
COMMON CAUSES OF MOTORCYCLE WRECKS:
- Driver inattention – the driver simply is not paying attention to the task of driving
- Talking on a cellphone – cellphones are distractions and take the driver’s attention and hands away from the task of driving
- Sending or receiving text messages – texting is one of the most dangerous distractions and increases the chance of an accident more than 20 times
- Looking at smart phones -- Browsing the internet to check emails and Facebook are major
- distractions for drivers
- Driving under the influence of drugs or alcohol
COMPENSATION FOR MOTORCYCLE WRECKS
In Kentucky, if you have been involved in a motorcycle wreck, you may be entitled to insurance benefits that compensate you for damages such as pain and suffering, medical bills, lost wages, and motorcycle repairs. Generally speaking, there are two sources of insurance coverage available to individuals involved in motorcycle wrecks. The first source is from No Fault Benefits and Collision Coverage from your own insurance carrier. The second source is from Liability Insurance Coverage of the person who caused the wreck. These coverages are completely unique and separate from one another. It is important that you know the difference between the two sources and how they apply to your situation.
AVAILABLE INSURANCE COVERAGE
In Kentucky, drivers and passengers injured in a motorcycle accident (regardless of fault) may have the option to recover certain motorcycle insurance benefits. These benefits (also known as “PIP Benefits” or “Basic Reparation Benefits”) generally include: 1) $10,000 for medical bills; 2) $200 per week for lost wages; and 3) $200 per week for hiring someone to do household chores for you.
The insurance policy of the motorcycle (that you was driving or riding on as a passenger) will cover your medical bills and lost wages, unless the owner has rejected No Fault Coverage. Therefore, if there is No Fault Coverage, you can collect No Fault Benefits even if the accident was your fault or the fault of your driver!
No Fault Insurance Coverage does not include payment for pain and suffering and other out of pocket losses. Also, your No Fault Coverage will stop when your medical bills, lost wages, and/or replacement costs have reached $10,000. You must file a claim with the liability insurance company of the person or entity that caused your injuries to receive compensation for pain and suffering and other out of pocket losses, as well as for your medical bills and lost wages once your No Fault Coverage ends.
What about mopeds? In Kentucky, owners, operators, and passengers of mopeds are considered pedestrians. Therefore, individuals injured while driving or riding on a moped may recover No Fault Benefits from the insurance company covering the vehicle which struck the moped.
When another person or entity causes you to have a motorcycle accident, you may be entitled to compensation for your injuries and motorcycle damage from their insurance company. In Kentucky, the minimum coverage required for automobile insurance policies is $25,000 for single person injuries and $50,000 for multiple person injuries. This means that the insurance company covering the vehicle or entity causing your injury may be obligated to pay for your pain and suffering, medical bills, lost wages, and other out of pocket expenses (in addition to No Fault Benefits which generally will be paid by your own insurance carrier). It is important to note that this insurance company will only be obligated up to the coverage limits available for the particular policy involved. For example, if the at fault party’s insurance is a “$25,000/$50,000” policy as discussed above, then you could not recover more than $25,000 from the liability insurance company.
The insurance policy of the person or entity that caused your motorcycle accident may also be obligated to pay for the damage done to your motorcycle. Typically, the at-fault party’s insurance company will pay for necessary repairs to your damaged motorcycle. When the damage to the motorcycle is so severe that it bends the motorcycle frame or requires repairs that costs more than the fair market value of the motorcycle, then the insurance company will consider the motorcycle to be a “total loss” and pay you an amount equal to its fair market value.
When motorcycles sustain damage as a result of a wreck, the fair market value decreases as a result. In Kentucky, the insurance company covering the cost of repairs may be obligated to compensate you for your motorcycle’s loss of value. Otherwise known as Diminished Value, this is the reduction in value a motorcycle suffers after being repaired from a collision. Basically, this will amount to the difference in the fair market value of the motorcycle before the wreck and fair market value of it after the wreck.
UNDERINSURED MOTORIST COVERAGE
Underinsured motorist coverage, otherwise known as “UIM,” is added insurance coverage that you may purchase through your own insurance company. If the injuries you sustained in a motorcycle accident cause you to have pain and suffering, medical bills, lost wages, and other out of pocket expenses greater than the insurance coverage of the vehicle being driven by the person or entity that caused your injuries, then you may recover additional benefits from your UIM coverage. Using the same example as above, we know that if the at-fault party’s insurance is a “$25,000/$50,000” policy, then you could not recover more than $25,000 from the liability insurance company. But what if you suffered more than $25,000 in pain and suffering, medical bills, lost wages, and other out of pocket expenses? If you have UIM coverage, it may compensate you for the pain and suffering and other losses that exceed the amount of coverage available through the insurance policy covering the vehicle being driven by the at-fault person or entity. For example, if the at-fault person or entity’s coverage is limited to $25,000 for you to recover from and your injuries cause you to have pain and suffering and other losses in the amount of $75,000, then your UIM coverage would compensate your for $50,000 which represents the amount in excess of $25,000 that the at fault person or entity’s insurance would pay you.
UNINSURED MOTORIST COVERAGE
Uninsured motorist coverage, otherwise known as “UM,” is additional insurance coverage that you may purchase through your own insurance company. UM coverage will pay you for your pain and suffering, medical bills, lost wages, and other out of pocket expenses if the vehicle being driven by the person or entity that caused the motorcycle accident did not have liability insurance coverage on their vehicle. This means that you would not be compensated by the at-fault party’s insurance company for your pain and suffering, medical bills, lost wages, and other out of pocket expenses if they did not have insurance coverage on their vehicle. In this scenario, your UM coverage would be available to you to compensate you for the pain and suffering and other losses you suffered at the hands of an uninsured driver.