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Motorcycle wrecks often involve difficult legal challenges, including bias against motorcycle riders. If you suffered injuries in this type of crash, an Erlanger motorcycle accident lawyer at our firm can help protect your rights, determine who is at fault, and pursue the compensation you deserve. Our experienced personal injury attorneys at Busald Funk Zevely P.S.C. have been representing injured bikers throughout the region for more than forty (40) years.
Independent Investigations After Motorcycle Crashes
If an injured motorcycle rider cannot give a statement at their crash site, police reports must rely on the other drivers’ and bystanders’ accounts. This can result in missing or inaccurate information.
Our attorneys can hire independent investigators to correct the police report’s inaccuracies about your Erlanger motorcycle wreck. The investigators will assess roadway conditions at the time of the crash and examine skid marks, vehicle damage, and video footage from nearby traffic cameras or businesses with security cameras. We can also hire accident reconstruction specialists to analyze speed, timing, and points of impact.
Insurance Laws in Motorcycle Crash Cases
Kentucky follows a no-fault insurance system that treats motorcycle riders differently from other motorists. Kentucky Revised Statutes § 304.39 requires most drivers to carry personal injury protection coverage. This requirement does not apply to motorcyclists, although they can add that coverage to their policies.
As our attorneys will tell you, this means that an Erlanger motorcycle rider who sustained injuries in a crash may not automatically receive reimbursement for medical bills and lost wages. Instead, they must demand compensation from the at-fault party’s insurance or through a lawsuit. Kentucky applies the pure comparative fault rule under KRS § 411.182. If a motorcyclist is partly to blame for a crash, their financial award will be reduced in proportion to their share of responsibility for it.
What Compensation Can You Recover After a Motorcycle Crash?
If our attorneys file a lawsuit on your behalf after your motorcycle collision in Erlanger, they can demand compensation for your economic and non-economic losses. Your economic damages can include losses from your emergency care, surgery, physical therapy, lost wages, and reduced earning capacity—plus the cost of future medical treatment if you need long-term care.
Non-economic damages cover your mental distress and pain, and suffering. These may be significant because motorcyclists’ injuries are usually severe. In some circumstances, you may be eligible for punitive damages under KRS § 411.184 if the at-fault driver’s conduct involved gross negligence or intentional harm, such as drunk driving.
Proving Who Was at Fault Without Video Footage
When no video footage is available, you may be able to use photos of the crash site and the damaged vehicles, plus eyewitnesses’ testimony to prove the other driver was at fault. Emergency medical technicians’ reports can be useful. Mobile phone data and information from the event data recorder in the other driver’s car can provide valuable evidence about speed and braking. Our attorneys will collect these types of evidence to help establish that the other driver was responsible for your Erlanger motorcycle wreck.
What if Poor Road Conditions Contributed to the Crash?
Dangerous road conditions—such as potholes, uneven pavement, loose gravel, and malfunctioning traffic signals—are especially hazardous for motorcycle riders. When these conditions play a role in a wreck, government agencies could be liable.
Under the KRS Chapter 44 laws, you must follow a process established by the Kentucky Board of Claims when you file a lawsuit against these agencies. You must file a special written notice within one (1) year after your crash and show that the agencies had prior notice of the hazard or failed to take reasonable action. Our attorneys will carefully follow all proper legal procedures in building your Erlanger biker collision case.
Call Our Attorneys Today After an Erlanger Motorcycle Wreck
Our attorneys at Busald Funk Zevely P.S.C. are widely respected for skillfully delivering client-focused legal services to personal injury victims. We are dedicated to representing the underdog and combine trial experience with a deep understanding of local laws. If you sustained injuries in a biker crash, an Erlanger motorcycle accident lawyer at our firm can fight to obtain the compensation you deserve. Contact us today to schedule a free consultation.
