Moped Accident Lawyers
Getting around Kentucky does not necessarily require a car or truck. Plenty of local residents, including the 20,000-plus students of Western Kentucky University, have discovered the convenience of navigating the area on two wheels. Bicycles, obviously, are a popular option. But for those needing to travel farther distances more quickly, a moped might do the trick.
Of course, all moped riders should always exercise caution when sharing the roadways with other motor vehicles. In a one-year period, there were 35 collisions involving mopeds, according to the Kentucky State Police. A significant number of those accidents occurred on the streets surrounding WKU. Fortunately, no fatalities resulted. However, 26 people sustained injuries.
Unfortunately, as the number of moped riders increases, riders will likely experience more accidents. After all, during that same time, 12 people died in moped accidents in other cities and towns around the Commonwealth.
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The Dangers of Moped Accidents
Mopeds are dangerous machines. Mopeds are marketed as an option for those uninterested in the effort of riding a bike, but fearful of the power and speed of a motorcycle. Mopeds (sometimes referred to as motor scooters) are, in reality, much more like motorcycles than their riders might willingly acknowledge. Kentucky law allows mopeds to reach speeds of 30 miles per hour, far faster than most people ever pedal a bike. At 30 miles per hour, a collision is not just dangerous; it’s likely deadly.
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Characteristics of Kentucky Moped Accidents
Why and how moped accidents happen is not always easy to determine. Most sources of data lump mopeds and motorcycles together as a single category. The federal National Highway Transportation and Safety Administration (NHTSA), for instance, includes mopeds in the broader category of “motorcycles” in its annual “fatal crash facts” report.
The most recent available report reflects the following facts about “motorcycle” accidents across the nation:
- Crash locations. The NHTSA found that about 60 percent of deaths in motorcycle accidents happen in urban areas. However, more fatal crashes happen away from intersections than at intersections. The official Kentucky data linked above, however, seems to match with those numbers. Moped crashes in Kentucky since the beginning of 2018 have happened in a wide variety of settings. Most accidents took place outside of an intersection.
- Time of day. National-level data say that fatal motorcycle accidents happen more often during the day than at night. The same held true in Kentucky. The majority of the moped accidents resulting in injuries have occurred during daylight hours.
- Contributing factors. The Kentucky State Police report reveals that moped accidents in Kentucky were caused by a variety of contributing factors. Collisions frequently happened “mid-block.” The location suggests a sideswipe collision between a motor vehicle and a moped. Often sideswipe accidents result from a motorist’s inability to observe the moped in their vehicle’s blind spot. Police also reported numerous “angle collisions” and accidents involving one vehicle or the other turning. This suggests that crashes result from a motorist failing to yield the right-of-way to a moped-rider. There were also, troublingly, several “rear end” collisions, though the reports do not indicate which vehicles rear-ended which.
Perhaps most concerning, data on Kentucky moped accidents suggests that accidents most commonly occur in completely ordinary riding conditions. Most Kentucky moped crashes have occurred during daylight hours. In addition, accidents have also happened on dry, straight roads, in clear or merely cloudy conditions.
In other words, riding a moped is not simply dangerous when the roads are wet and visibility is poor. Most of the injury-causing accidents on mopeds happen when weather and road conditions are not a contributing factor. Rather, the data suggests that human error likely causes most moped accidents in our city. So, again, it is vitally important to operate mopeds with caution.
Common Moped Accident Injuries
We are, as we said, lucky that Kentucky has not seen a fatal moped collision over the past two years. Other Kentucky municipalities have not been so fortunate.
Of course, “luck” is a relative term. Even if a moped rider survives a collision, the rider still faces a significant risk of severe, life-altering injuries. After all, except for a helmet (which a rider should always wear, and must wear by law in some cases), riders have little if any physical protection from injury in a crash. Crashes that result in the rider being thrown from the moped are particularly dangerous.
At the office of attorney Flora Templeton Stuart, we help injured clients seek the compensation they deserve. We have helped clients recover for a wide range of catastrophic
injuries resulting from moped (and similar) accidents. Some common serious injuries include:
- Traumatic brain injuries (TBIs) resulting from a moped rider’s head absorbing a violent impact or penetrating injury. TBIs frequently cause permanent, severe cognitive, motor, and emotional impairments that can last for years. After suffering a TBI, moped riders and their families experience enormous physical, emotional, and financial difficulty. The most reliable way to reduce the risk of TBI in a moped crash is to wear a helmet.
- Spinal cord injuries caused by a rider’s body violently impacting the road or colliding with a vehicle or other fixed object. These injuries frequently leave moped crash victims paralyzed, facing a lifetime of massive expenses.
- Crushed or traumatically amputated limbs often result from a vehicle running over the rider after an initial impact throws the rider from the moped. These injuries cause debilitating and permanent loss of use of the affected limbs.
- Severe road rash resembles a third-degree burn, produces a similar amount of pain, and recovery takes a comparable time. Road rash often causes disfiguring scars, sometimes called traumatic tattoos.
- Orthopedic injuries include broken bones and dislocated joints sustained in a tumble from a moped. Though these injuries can heal in time, they cause significant pain and may cause lasting damage to a rider’s mobility.
- Internal injuries to major organs are often accompanied by dangerous bleeding. Even if repaired, internal injuries can leave a moped rider struggling with long-lasting health complications.
Of course, this is not a complete list. Getting thrown violently from the seat of a moped can cause riders to sustain just about any injury imaginable. Regardless of the severity of your injury from a Kentucky moped crash, Flora Templeton Stuart and her team stand ready to help. We will work tirelessly to hold the person or entity who caused your crash accountable.
Covered On This Page
Our team has a five-step process for collecting vehicle accident compensation for victims of car collisions. We’ll investigate your case, open claims with your health insurance provider, collect your medical records and refer you to great doctors, set up annuities and college funds for injured children, and negotiate for the settlement you deserve.
- Medical expenses, past and future
- Disfigurement, loss of limb, permanent scarring
- Lost wages
- Lose love, companionship, and guidance
- Disability costs or live-in care
- Physical pain and emotional suffering
- Lost capacity to earn
Accountability for a Kentucky Moped Accident
Who might Flora Templeton Stuart and her team seek to hold accountable for a Kentucky moped collision? The answer to that question varies widely from accident-to-accident. However, some parties are commonly responsible for compensating victims of moped crashes:
Motorists. Careless or reckless driver behaviors put many moped riders in danger and cause many crashes. Oftentimes, the circumstances of the crash point directly to that “other driver.” Mopeds frequently collide with the side of a car or truck making a left-hand turn.- Motorists’ employers. In the case of a moped accident involving a commercial vehicle, the driver’s employer may also face legal liability. If a moped rider is harmed while an employee is performing his job duties, the employer may be responsible. As a general matter, employers are legally responsible for their employees’ poor driving.
- Bar/restaurant owners. Selling alcohol to someone who is already obviously intoxicated at the time of serving may deem owners and servers liable. For instance, if an overserved customer drives drunk and injures a moped rider in an accident, the server may be responsible.
- Parts manufacturers. Though complicated to prove, many motor vehicle accidents occur because of a defect in a part of one of the vehicles involved. When an attorney can show the defect led directly to the accident, the manufacturer can face liability to anyone harmed.
Of course, every moped crash in Kentucky has its own unique facts. Flora Templeton Stuart and her team know that facts matter in proving legal liability. They are dedicated to digging deep into the details of the accidents that harmed their clients. They will identify any indication of who should be held accountable for the harm caused by the accident.
Damages for Kentucky Moped Accident Injuries
After establishing who should pay compensation to a client injured in a Kentucky moped accident, Flora and her team determine how much. Here, too, the details of the specific moped accident will determine the types of compensation the victim might recover.
In general, money damages for Kentucky moped crashes may include:
Economic (or special) damages reimburse a moped rider for the direct costs of the accident and ensuing injuries. Economic damages may include:
- Costs of medical care not covered by insurance;
- Costs of physical therapy and rehabilitation;
- Costs of medical supplies and prescriptions;
- Wages the moped rider misses the chance to earn by being out of work; and
- Income the cyclist cannot earn in the future because of his or her accident injuries.
Non-economic (or general) damages compensate the moped rider for the indirect harms flowing from the accident. These harms are more difficult to quantify and may include:
- The rider’s pain and suffering;
- Damage to the rider’s closest personal relationships, such as with a spouse or parent; and
- Damage to the rider’s ability to enjoy life.
When a Kentucky moped accident involves especially reckless or outrageous actions, a Kentucky court may also award punitive damages. Punitive or exemplary damages are a form of punishment intended to deter egregious conduct in the future.
Covered On This Page
Several types of insurance coverage that will pay if you’re injured in an automobile collision:
Personal Injury Protection: The vehicle you are in is the primary coverage for payment of Personal Injury Protection (PIP) in Kentucky. PIP has minimal limits of $10,000 and pays medical expenses, lost income, home care, and even a portion of funeral expenses. Kentucky automobile accident lawyers reserve these benefits so medical bills and lost wages will get paid. PIP is repaid by the party at fault.
Liability: The at-fault driver pays for injuries caused to another through their liability policy, which in Kentucky has a minimum policy of $25,000 per person / $50,000 per accident and a maximum can be in the millions with a commercial insurance policy.
Uninsured Motorist: If the driver at fault did not have insurance you can collect on your uninsured motorist’s coverage on your own insurance policy.
Underinsured Motorist: If the at-fault driver of the vehicle had insurance but not enough or your injuries are greater than that amount you can collect on underinsured motorists. Flora Templeton Stuart will make sure all underinsured policies are uncovered for maximum recovery.
Negligence in car accidents typically involves a driver failing to exercise reasonable care. As Kentucky car crash lawyers, before we can take action against the liable party, we need to prove that their negligence led to the accident. We do this by establishing the following elements of negligence:
Duty of care: The at-fault party had a responsibility to keep you safe by following all traffic laws.
Breach of duty: The at-fault party breached their duty of care, instead acting negligently.
Causation: The at-fault party’s actions or inactions caused you to suffer an accident and injuries.
Damages: You suffered damages, such as pain and suffering and property damage, because of the at-fault party’s negligence.
Our team will gather evidence to prove negligence, including police reports, witness statements, and surveillance footage.
Under the “no-fault” car insurance system in Kentucky, drivers are required to carry a minimum of $10,000 in Personal Injury Protection (PIP) insurance. Regardless of who causes the accident, PIP covers medical expenses and lost wages. However, if you’re in an accident, you can opt out of the no-fault system to pursue auto injury claims against the at-fault driver and possibly receive more vehicle accident compensation.
Statute of Limitations in Kentucky and Tennessee
In vehicle accidents, there is a limited amount of time to sue. In Kentucky, you have two years after the wreck to sue which can be extended with PIP benefits being paid, as per Ky. Rev. Stat. § 304.39-230(6). In Tennessee, you only have one year to file an auto accident lawsuit. Time limits for minors start when they turn 18. The Statute of Limitations for Wrongful Death cases is governed by KRS 413.140.
Frequently Asked Questions
Why Hire Flora Templeton Stuart Accident Injury Lawyers?
With over forty-seven years of representing clients in Kentucky & Tennessee, our personal injury lawyers are dedicated to obtaining justice for our injured clients. With local attorneys, right here in your community, we provide personal representation with our top attorneys, Flora and Kent. We meet with our clients to explain the entire process, leave no stone unturned with an extensive investigation to include our experts, and will refer our clients to excellent physicians. We take on the insurance company to obtain a maximum settlement. We can come to you and with offices close by we can travel to our injured clients when they cannot come to us. We treat our clients like family.
How do I pay for you to represent me?
Flora Templeton Accident Injury Lawyers we work on a contingency fee so you won’t pay us unless we win your case. We pay all costs of the case and are not reimbursed unless we collect money for you. you can call us for free, even on weekends with no obligation.
What type of cases do you handle?
We handle all car and truck accidents including commercial trucks, motorcycle accidents, pedestrian accidents, bus accidents, bicycle accidents, drunk driving accidents, work injuries, slip and falls, dog bites, and more. When a loved one has died in a personal injury accident we handle the wrongful death claim to obtain a recovery for the family to get the justice they deserve. Go to our personal injury overview link for more personal injury cases that we handle. since we concentrate our entire practice on personal injury law we are experienced in these areas of practice.
How do I know if I have a case?
Our lawyers will accept a case where we know we can help. You can call us 24/7 for a free consultation and our experienced attorneys will evaluate your injury case without charge. Our attorneys have never represented insurance companies or corporations. We can focus one hundred percent of our practice on helping the injured. Call us today for your free case evaluation. While we cannot guarantee the amount of recovery when you call we can and will give you an evaluation of how we will do everything to collect a maximum settlement.
