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Frequently Asked Questions About Motorcycle Crashes

Attorney Aaron Whaley has the answers you need

If you or a loved one has been hurt in a motorcycle accident in Louisville or anywhere in Kentucky, it's easy to feel like everything is stacked against you. You may be recovering from severe, debilitating injuries, wondering how you can move forward while you can't work or care for your family - and the insurance company isn't helping at all.

That's why the Whaley Law Firm has prepared this list of common questions and answers after a motorcycle accident. We've helped hundreds of injury victims move forward after being hurt, and we're happy to share this information with you.

Remember, these answers are intended to serve as general information only, not as specific legal advice. We highly recommend that you meet with attorney Aaron Whaley for a free consultation to discuss the details of your case.

I was hit when a car turned left in front of me. What are my legal options?

An oncoming motorcycle is a vehicle, and motorists are expected to yield just as they would to an oncoming car. Of course, many motorists don't actually share the road as they should, leading to serious accidents. In these circumstances, the motorist is almost always at fault for the accident - but to recover damages, you have to prove it.

Getting an attorney on your side immediately after an intersection accident is critical because we need to get witnesses' accounts of what happened before those memories fade. We may be able to help you get compensation for your injuries by filing a claim with the at-fault motorist's insurance carrier.

Many legal options exist. But you might not know what they are until you contact our law firm and discuss your case with us.

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Do I really have to see a doctor? I'm only a little sore.

You definitely do. It's quite common for motorcycle accidents to cause brain injuries and internal injuries that can have delayed-onset symptoms. These injuries can be severe and even life-threatening if you do not see a doctor right away.

Seeing a doctor right away will also protect your legal rights if you later need to file an insurance claim. If you do not seek immediate medical attention, the insurance company may be able to use that delay as an excuse to deny your claim.

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How can I get my medical bills paid after a motorcycle accident?

Generally speaking, the insurance company for the at-fault driver will only pay your medical bills after you have completed treatment. In the meantime, we may be able to work with your car insurance, health insurance or another applicable insurance policy to get your medical bills paid up front. However, those insurance companies are often reluctant to cover injuries sustained in a motorcycle accident.

If you don't have applicable coverage, we may be able to get your bills paid by way of an attorney's lien. This is an agreement between our law firm and your medical providers to provide treatment at no up-front cost. Your doctors will be paid later, after your case settles or a verdict is awarded in your favor.

* Per the Kentucky Bar Association advertising rules, we are required to state that court costs and related fees are the responsibility of the client. However, at the Whaley Law Firm, our policy is to waive these costs and fees in the event there is no award.

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What if I wasn't wearing a helmet?

In Kentucky, helmets are not legally required for motorcyclists over 21 years old. However, not wearing a helmet may still affect your ability to file a claim for damages. This depends on the nature of your injuries - if you hurt your leg or your back, for instance, it doesn't especially matter that your head was not protected.

Even if your lack of a helmet contributed to your injuries, that doesn't necessarily mean you can't recover. Kentucky is a pure comparative negligence state, which means that you can recover financial compensation from an at-fault party even if you were partially liable for your injuries. For instance, if a jury rules that you were 40 percent responsible for your injury due to not wearing a helmet and awards total compensation of $100,000, your award would be reduced by 40 percent, to $60,000.

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How long will my case take to resolve? Do I have to go to court?

That depends on the circumstances. In general, once you've completed your medical treatment, it takes three to nine months for us to reach a settlement with the insurance company. If your case goes to trial, then it may take one to two years before you actually go before a judge - though we can still settle at any point during that time. But such timelines are merely estimates. Every case is unique.

Insurance companies often ask for a jury trial in motorcycle accident cases because they know juries are biased against motorcycle riders. When that happens, we'll help you prepare and stand by you every step of the way. Attorney Aaron Whaley knows how to overcome jury bias and can help you pursue full compensation for your injuries.

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