If you or a loved one were injured in a bicycle accident, contact an attorney, regardless of the severity of your injuries, before doing anything else to protect your rights. At Spivak & Sakellariou we are dedicated personal injury attorneys that focus on bicycle accidents in Kentucky. We can help make sure you take the right steps following your accident to avoid being taken advantage of.
A Bicycle Accident in Kentucky Can Happen to You
While riding a bike may be an environmentally friendly and healthier alternative to driving in a car, it can also be dangerous. According to statistics released by the Kentucky Traffic Data Services, in 2019 there was a total of 347 bicycle collisions in the state of Kentucky. Of those 347 bike accidents, 224 people were injured and five were killed. That’s not all. According to the CDC, around 1000 bicyclists die each year and an additional 130,000 cyclists are injured in crashes.
If you’ve found yourself a victim of a bike accident but were fortunate enough to not be severely injured you may be wondering if you have a case for a bike accident lawsuit. The legal system can be a labyrinth, filled with difficult systems, and cheap insurance agencies that will take you for all of your money. If you were wrongfully injured, even if it was just a scratch, you may be entitled to a bicycle accident settlement.
Kentucky Bicycle Laws
While we hope that you never find yourself involved in a bicycle accident, if you do, here’s what you should know about Kentucky bicycle laws:
In Kentucky, Bicycles Are Considered Vehicles
Bicycles are viewed as vehicles in the state of Kentucky. Thus, cyclists should operate a bicycle in the same manner in which they would operate a car. Cyclists are required to obey traffic laws, signal properly, and exercise due caution with pedestrians.
Bicycles Have Regulatory Safety Devices
Bicyclists must have a horn or sound device while riding on roads; they’re also allowed to make use of flashing lights or other devices that could help prevent accidents like head-on collisions with cars or trucks while traveling at night time hours where visibility isn’t as good for drivers.
Where Bicyclists Are Allowed to Ride
Bicyclists must ride on the right side of the highway whenever possible and can veer towards the left during the following circumstances:
- The bicyclist is traveling at legal speed
- The bicyclist is preparing for a left turn
- The bicyclist is passing a slower vehicle
- The bicyclist is avoiding road hazards
Fault in Kentucky
Kentucky is one of the handful of states that operate on a Pure Comparative Fault system. Essentially, this means that if you find yourself suffering from a bike accident injury, you can be offered compensation based on the percentage of fault you are perceived to have accountability for.
For example, if in a bicycle accident lawsuit worth $100,000, you were found to be 25% at fault for your injuries sustained, you would still be able to collect $75,000. This $75,000 accounts for the 75% of the accident of which you were not at fault. Because of the pure comparative fault system, it is worth pursuing a claim an contacting a Kentucky accident lawyer, regardless of how much ‘at-fault’ you feel you are.
Types of Damages You Can Collect in Kentucky
Regardless of the severity of your injury, there are still a number of damages that you can incur and claim after a bicycle accident injury. These damages include:
Pain and Suffering Expenses
These are damages caused by the accident that refers to physical damage and emotion distress that you experience as a result of your accident. For instance, if you have since developed anxiety or PTSD as a result of your accident and are now too nervous to rid your bike. Although not financial losses, this quality-of-life loss is compensated for regardless of the severity of the injury.
Physical Property Damage
If you had physical property, such as a watch or a cell phone, that was damaged as a result of the accident, you are entitled to that loss. Particularly, if the item was damaged beyond repair.
Did your accident result in you having to miss work and thus miss out on pay or wages? If so, you can recover your loss of wages.
Seeking care for bike accident injuries can be costly. Regardless of the injury, if you find yourself paying medical fees you may be able to recover these costs.
How We Can Help
When you call our office, you’ll get a free consultation. During that conversation, we’ll review the facts of your case, get to know you and your family, and determine how we can best help you get what you are owed. Every case is different, just as every family is different. We will tailor a service that best matches your needs, your goals, and your unique circumstances.
When you make a personal injury claim, there are two likely routes your case will go down.
Many of these types of cases are settled out of court with insurance companies. Those that aren’t, go to court. Not only are the partners at Spivak and Sakelleriou skilled and experienced negotiators, but we are also trial lawyers with decades of experience between us.
You can feel confident with your personal injury attorney either in the conference room or the courthouse. Our approach is simple, we take the time to listen to every client’s unique needs. We believe that individual attention and deep empathy help empower us to get the best results for everyone that walks through our doors.
We understand that nobody wants to be in your position. It can be a very difficult time. Our goal is to help you navigate those unpleasant waters to help you get what you deserve and move on with your life without the unfair financial burdens that can make it difficult to do that.
Insurance companies and adjusters are masters at negotiation. It pays for them to pay out as little as possible and they spend a lot of time and money ensuring that they are positioned to do just that.
Compensation in these cases often depends on the amount of fault that is ascribed to each involved party. An insurance company will try to argue that the percentage of fault falling on your shoulders is as high as possible to lower the amount they owe. Without a deep understanding of how the law defines fault, it can be difficult to argue those numbers.
When you negotiate a settlement with these professionals, it is important that you bring a professional of your own. That is where we come in. Our attorneys have been solely focused on personal injury cases like yours since our firm was founded. We’ve negotiated hundreds of settlements for our clients and have a proven track record of results and satisfied clients.
Don’t Wait to Get Help
The sooner you call us to talk about your accident, the better. Insurance companies have a playbook of dirty tricks they can employ to keep you from receiving the compensation you deserve. If you don’t know what’s coming, you can’t protect yourself, your family, or your rights.
As soon as you’ve been treated for the injuries you may have sustained in your bike accident, give us a call before it’s too late.