Louisville Driver Error Motorcycle Accident Attorneys
If you or someone you love has been involved in a motorcycle accident caused by another driver’s negligent actions, you need the motorcycle accident attorneys at the Sampson Law Firm on your side. Representing clients in the Louisville area and statewide since 1997, the team of experienced attorneys at Sampson Law Firm has a track record of getting victims of motorcycle accidents the compensation they deserve. We have been successful in securing millions of dollars for our clients at the time when they need it most. Having an attorney deemed one of Kentucky Trial Court Review’s Most Prolific Trial Attorneys means that the team at Sampson Law Firm is here to fight for your rights whether you decide to settle your case out of court or need to take your case all the way through a jury trial.
Being in a motorcycle accident caused by another drivers’ error can be an incredibly traumatic event. You can be seriously injured or worse. Injuries that frequently occur as a result of motorcycle accidents include road rash, broken bones, torn ligaments, head injuries, and mental distress. Serious injuries can mean mounting medical bills, lost wages, pain, and suffering, and lost time with friends and family, among other things. You do not need to go through this difficult period alone. The team at Sampson Law Firm has been part of the Louisville area community for over 20 years and is here to help get you the compensation you deserve.
Motorcycle Accident Facts
According to the National Highway Traffic Safety Administration (NHTSA), there were 88,000 people injured and 5,286 people killed in motorcycle accidents in 2016. The fatality rate represents a 5.1% increase over the previous year, 2015, in which 5,029 motorcyclists were killed in traffic accidents. Furthermore, the National Highway Traffic Safety Administration reports that motorcyclists died 27 times more frequently than other motorists involved in accidents.
While several road safety agencies encourage motorcyclists to be safe by exercising caution, wearing helmets and other protective gear, being sure the motorcycle is road ready, and other precautions, motorcyclists cannot always account for another driver’s negligence. The majority of motorcycle accidents involve another vehicle, and they are frequently be caused by another driver’s error or negligence.
The negligent operation of a motor vehicle in Kentucky is a serious offense, as it can cause injuries or even death. When another driver’s negligence causes a motorcycle accident, it is often the motorcyclist who takes the brunt of the harm.
To have a claim for driver negligence, you must show that the other party had a duty, breached that duty, caused harm, and damages resulted. This is explained further here:
- Had a Duty: Individuals who engage in activities, including operating a motor vehicle, have a duty to exercise reasonable caution when performing that activity to prevent harm to others.
- Breached That Duty: The party causing injury or damages failed or breached their duty of reasonable care by acting negligently or failing to act in a way that prevented injury.
- Caused Harm: The wrongdoer’s breach of duty was the actual and proximate cause of harm to another person. Actual cause means a breach of duty caused the damage. Proximate cause suggests that it was reasonably foreseeable to an average person that a breach of duty would have the consequence of causing the resulting harm.
- Damages Resulted: The breach of duty did injure or harm another.
To have a successful claim of negligence, each of the elements listed above must be proven.
Further, Kentucky negligence law follows the rule of comparative fault. This means that after hearing the facts of a case, a judge or jury will assess the percentage amount that each party was at fault and calculate a party’s compensation for damages accordingly. So even if both parties were at fault, each party may be able to recover damages based on their level of responsibility. If a party was negligent or reckless, they might be deemed to be at greater fault.
Importantly, in Kentucky, a party injured in an accident only has two years from the date of the accident to file a legal claim. Proving a negligence claim can be complicated. The amount of compensation an injured party is rewarded will depend on various factors. Since knowing and understanding the law around driver negligence can be difficult, contacting an attorney from Sampson Law Firm in a timely manner is of utmost importance.
Being involved in a motorcycle accident is a traumatic experience, and dealing with the legalities can be a complicated and confusing process. You should not go through this process alone. Contact a well-known and trusted member of your community. With over 20 years of experience serving the Louisville, KY area, the compassionate motorcycle crash attorneys at Sampson Law Firm are here to help you fight for the compensation you deserve.
If you or someone you love has been involved in a motorcycle accident call Sampson Law Firm today at [phone-name] for your free consultation. Do not hesitate to call right away. Remember that in Kentucky, a party injured in an accident has a limited time to file their claim.