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The burden of proof in a motorcycle accident case, or any personal injury case involving a motor vehicle, falls on the injured victim, or plaintiff. The plaintiff is the party bringing a case against the other driver, the defendant.
To have a case, you or your attorney must be able to establish these four legal elements:
In other words, if it were not for that individual’s negligence, you would not have been involved in a crash and suffered injuries and other losses. If there is no negligence, or if it cannot be proved, then there is no case.
Every motorcycle crash case is different. To determine the potential value of your unique claim, you will need to speak with a knowledgeable attorney.
The value of any motorcycle accident claim is based on several contributing factors, including the type and severity of your damages.
In general, if you have a case, you may be eligible to recover compensation for these and other damages:
Kentucky has a short statute of limitations. For most personal injury claims, victims have just one year to file a lawsuit against the at-fault party. For motorcycle and other motor vehicle accident claims, however, victims have up to two years to file a claim.
While this seems like a long time, it is important to remember that your attorney needs time to build a strong case. Hiring an attorney sooner than later means he or she is more likely to gain access to critical evidence before it gets lost or destroyed. Video footage, for example, is typically overwritten in a matter of days to weeks. If there is no court order requesting this footage to be preserved, it could be gone if you delay filing a claim. Witness statements are also affected by the passing of time. People may not remember as many details as time passes.
Kentucky follows a pure comparative negligence rule. Under this rule, you may be eligible to recover compensation for your damages even if you are assessed with some fault. That said, whatever compensation you are awarded will be reduced by your percentage of fault.
Like other motor vehicle crashes, motorcycle accidents are often the result of some type of driver error or negligence, including:
Motorcycle riders are very vulnerable in a crash. Compared to larger trucks or even small passenger cars, there is no protective frame and no airbags or seatbelts. The inherent nature of these vehicles makes it much more likely that serious injuries will occur in a crash.
Some of the most common motorcycle crash injuries include:
As a motorcyclist, you know and accept these risks in exchange for the joy of riding your bike out in the open air. While you can do all you can to be a responsible rider, it is impossible to control the actions of others. We get that, and we know that sometimes, despite your best efforts, a crash can occur.
Our firm’s founder, Scott C. Justice has built a reputation as a tough negotiator who gets impressive results. He has dedicated his entire career to fighting for the injured and their families. Scott also has the distinction of being selected for inclusion in the National Trial Lawyers: Top 40 Under 40 list for two years running.
If you were injured in a motorcycle crash that was caused by another driver’s negligence, we encourage you to seek legal help right away. At Justice Injury Law, we are committed to fighting for the maximum possible compensation on your behalf.
Our legal team has extensive experience, and you can learn if you may have a case at no cost or obligation to you. Contact our law offices today to request your free consultation.
There are no upfront costs to pay and nothing to pay throughout the legal process. We only get paid if we recover compensation for you through a settlement or jury-awarded verdict.
Call Justice Injury Law today at 502-584-5455 for legal help you can trust.
Having an experienced and knowledgeable attorney manage your case means you have someone who knows exactly what steps to take to protect your interests. Motorcycle crash cases are challenging, and sometimes riders may find themselves dealing with insurance companies who are biased against motorcyclists.
If we take on your case at Justice Injury Law, it is because we believe we can win it. We are prepared to manage the following on your behalf:
The firm’s founder, Scott Justice, has built a reputation as a tough negotiator who gets impressive results. He has dedicated his entire career to protecting the rights of the injured and ensuring their voices are heard. For the past two years, Scott has been selected for inclusion in The National Trial Lawyers: Top 40 Under 40.
I was very pleased with Justice Law office...You will not be disappointed.
Rassa
Scott Justice and his staff have been truly amazing with their care, professionalism and proactive ways.
Debra
Mr. Justice helped me with my work comp claim and if it wasn't for him I would have only gotten pennies. He made sure that I got the money I deserved for my injuries at work.
Regina
Scott Justice with Justice Law should be your first call. Him and his team does outstanding work.
Bobby B.
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