What to Do After a Motorcycle Accident in Kentucky

1. Get out of traffic if you can move safely, and call 911. Kentucky requires drivers to report crashes with injuries or a vehicle that can’t be driven (KRS 189.580(6)).
2. Leave your helmet on if you have neck or back pain and let EMS remove it. Moving your head can make a spinal injury worse.
3. Photograph everything: the other vehicle, your bike where it came to rest, the road surface (gravel, potholes, oil), skid and scrape marks, traffic signals and sight lines.
4. Get witness names and phone numbers. Riders behind you and nearby drivers can confirm you were visible and in your lane.
5. Don’t discuss speed or fault with the other driver or their insurer.

• Get a full medical exam. Road rash can hide fractures, and concussions often show up later. See common motorcycle injuries and concussion symptoms after a crash.
• Keep your helmet, jacket, gloves and boots. Don’t throw them out or have them repaired. Damage to your gear shows where and how hard you hit, and a helmet can be key evidence on a head injury.
• Don’t fix the bike yet. Let it be photographed and inspected first, especially if a defect may be involved.
• Save any helmet-camera or dashcam footage right away; many cameras record over themselves. See dashcam footage after a crash.
• Keep a pain journal and track missed work. See the injury pain journal.

Kentucky requires PIP (no-fault) coverage on cars, but it’s optional for motorcycles. A rider who didn’t buy PIP generally won’t get it from another source for a motorcycle crash (KRS 304.39-040). A rider who skipped PIP is still generally bound by the no-fault law’s limits on lawsuits unless a motorcycle no-fault rejection was filed with the Kentucky Department of Insurance before the crash (KRS 304.39-060(9)). Bring your declarations page and any rejection paperwork to your consultation.

The at-fault driver’s liability coverage pays for pain and suffering, lost income and medical bills beyond any PIP. Kentucky drivers only have to carry $25,000 per person (KRS 304.39-110), so your own underinsured motorist or uninsured motorist coverage can matter a great deal.

Kentucky only requires helmets for some riders. Read the Kentucky motorcycle helmet law. Not wearing one doesn’t bar your claim. The insurer may argue a head injury would have been less severe, and under pure comparative fault any share of fault assigned to you reduces your award but doesn’t eliminate it (KRS 411.182). See Kentucky motorcycle and bicycle laws.

Most Kentucky motorcycle injury lawsuits must be filed within two years after the injury or the last PIP payment, whichever is later (KRS 304.39-230(6)). Many riders don’t carry PIP, so the two years usually run from the crash. Claims against a government agency or a parts maker can have different rules, so talk to a lawyer early.

Juries can share the “biker” bias adjusters count on, which is why we build motorcycle cases on evidence: scene measurements, vehicle data and witnesses. Larry Forman has tried 50+ jury trials and won 95% of them. Learn more about our Louisville motorcycle accident lawyer services and left-turn motorcycle crashes.