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Who Can Be Held Responsible in a Bicycle Accident Claim in Kentucky?

— June 2, 2022

A few things may prevent an injured party from filing a claim after being in a bicycle accident.

Bicycles and motorcycles can’t offer the same level of protection that cars do. As a result, when someone riding a bicycle gets involved in an accident, they will be bruised significantly.

They will have to file a personal injury claim depending on who is at fault for the accident.

If you’ve been involved in an accident while riding a bicycle, you need to seek the assistance of a lawyer who specializes in handling such cases. It is important to prove who is at fault for the accident.

Who Can Be Held Responsible in a Bicycle Accident? 

We’ll now look into who will be held responsible for the bicycle accident. The list of possible liable parties in a bicycle crash includes:

  • The vehicle driver – many negligent drivers are responsible for bicycle accidents.
  • The cyclist – any kind of negligence on the cyclist’s part can make them liable for at least a part of their injuries and material damages.
  • Bicycle manufacturers – can be held responsible if the bicycle had any defects that contributed to the crash.
  • City and state entities – should provide appropriate bike lanes to assist cyclists or fix roads and sidewalks to prevent bicycle or pedestrian accidents.

If you are on a bicycle, you must try your best to avoid colliding with other vehicles. It is also essential for riders to wear proper safety gear, including helmets, bright clothing, and reflective armbands or tights. In addition, if a cyclist was to ride on roads that don’t have bike lanes and tire tracks, they are at an increased risk of suffering an accident. 

To avoid such instances, cyclists should ride on the right side of the road and avoid riding on narrow or busy streets.

Compensation for People Involved in a Bicycle Accident in Kentucky

Bicycle accidents are very common in many cities and towns throughout the United States. Unfortunately, many of these accidents result in serious injuries that may require significant medical treatment. As a result, many people who have been involved in bicycle accidents file a claim against the responsible party(s). 

We’ve taken the time to include some general information on bicycle accident claims in Kentucky. You should seek the legal advice of a Kentucky bicycle accident lawyer after reading the information contained within.

A few core factors can cause an injured person to file a claim against the responsible party(s). These include:

  • Loss of income – in Kentucky, this is usually paid by the defendant’s insurance company. For example, if you got injured in a car accident or a premises liability case because of someone’s negligence, that person’s insurance company covers the amount of wages you lost. If your injuries prevented you from working for a month, the other party would pay you one month’s wages. 
  • Pain and suffering – a claim can be made if the injured person has suffered a significant amount of pain; this can include mental and physical pain and suffering. In most states, pain and suffering compensation calculation uses the multiplier method.
  • Medical bills – are generally paid out in increments over time. Therefore, the injured party may be able to receive compensation for the bill(s) once the settlement is finalized.
  • Loss of earning capacity – in personal injury claims, the Kentucky law allows injured individuals to claim damages for loss of earning capacity, which you should not mistake for loss of income.

    Van and bike accident at night; image by Ian Valerio, via
    Van and bike accident at night; image by Ian Valerio, via

A few things may prevent an injured party from filing a claim after being in a bicycle accident. First, Kentucky is a choice no-fault state. In a collision, each party involved in the accident has to file a claim with their own insurance company first. It helps them get compensation for medical bills and other financial losses incurred in the accident. Of course, it all depends on the type of insurance policy. In other words, drivers usually have to have Personal Injury Protection (PIP) coverage to help them recover in an accident case. If a cyclist doesn’t have insurance, they need an attorney to help them seek damages from the driver that hit them. 

Final Thoughts

Getting the right representation is essential when filing a claim after being injured in a bicycle accident. Having a Kentucky lawyer by your side can be the difference between getting just compensation or not. Therefore, it’s important to do thorough research to find an attorney right for you. 

Hiring the right attorney increases your chances of the claim going in your favor, and you’ll also receive the right compensation amount.

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