What Damages Can You Claim in a Louisville Motorcycle Accident Lawsuit?

The main economic damages you can claim in a motorcycle accident are medical expenses and missed wages.

Motorcycle accident victims in Kentucky may suffer from a range of damages. These damages may result in both economic and non-economic losses. It is essential that you strive for the best possible results when filing your injury claim. Your goal should be to recover compensation for all of these damages, allowing you to move forward with your life as best as possible. But what specific damages are you allowed to claim in a motorcycle accident?

Kentucky’s Pure Comparative Negligence System

First, you need to understand that Kentucky follows a system of “pure” comparative negligence. This means that even if you were partly to blame for your own injuries, you can still file an injury claim and recover compensation. This is markedly different compared to a “modified” comparative negligence system, which only allows you to recover compensation if you were approximately 50% responsible or less for your crash. It is also very different compared to a system of contributory fault, which bars you from seeking compensation even if you were 1% responsible for your own injuries. 

However, this system has limitations. Even if you sue despite being 99% responsible for your own injuries, you would only have the ability to recover 1% of a normal settlement. This may make filing a lawsuit a waste of time and money. Speak to your lawyers to determine whether it’s truly worth the effort to file an injury claim after a motorcycle accident. Whatever happens, you still need to hold someone accountable for your injuries. In the case of a single-vehicle motorcycle accident, this can be a bit of a challenge. 

For example, in November of 2022 it was reported that a motorcyclist had lost their life in Louisville after colliding with a utility pole. In this situation, it would be difficult to file an injury claim. Even though Kentucky’s pure comparative negligence system would allow the family to file a wrongful death lawsuit for an accident that is mostly due to the negligence of the motorcyclist, they would still need to hold some other party accountable. Since you cannot sue a utility pole, options for compensation may be limited. However, you can always file an insurance claim instead. 

Medical Expenses and Missed Wages

The main economic damages you can claim in a motorcycle accident are medical expenses and missed wages. For example, a motorcyclist may have the ability to get compensated for the cost of their medical treatment and the amount of income they lost due to their debilitating injuries. 

Where Can I Find a Motorcycle Accident Lawyer in Louisville?

If you’ve been searching for qualified, experienced Louisville motorcycle accident lawyers, there are many options available. Thanks to Kentucky’s pure comparative negligence system, you can work with Kentucky motorcycle accident lawyers to recover compensation even if you were partly to blame for your own injuries. But in order to achieve a positive outcome, you first need to take action and book your consultation with motorcycle accident lawyers. Get in touch with qualified accident lawyers today and get the ball rolling. 

Sources:

1. https://www.wdrb.com/news/1-dead-after-motorcycle-hit-a-utility-pole-near-louisvilles-schnitzelburg-neighborhood/article_60ed69b4-6049-11ed-a2d6-27b8fd404f8d.html
2. https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=17782

If you have further questions about this article or legal concerns call 800-672-3103.