Bicycling is a popular mode of transportation and recreation in Kentucky, offering residents and tourists alike an much more eco-friendly way to travel and stay active. However, sharing the road with motor vehicles also poses significant risks, as accidents can result in severe injuries or fatalities. In Kentucky, bicyclists have specific legal rights and responsibilities, and understanding what to do after a bicycle accident is critical to protecting those rights.

Here's a detailed guide on the legal steps to take following a bicycle accident in Kentucky to help ensure your health and safety and potential claim for compensation.

1. Prioritize Medical Attention

The safety of everyone involved always comes first. After a bicycle crash, it's essential to assess your injuries. Even if you feel fine, seek medical attention as soon as possible. Injuries such as concussions, internal bleeding, or fractures may not be immediately apparent but can they can worsen over time.

Why it matters: Kentucky law allows injured parties to pursue compensation for medical, lost wages, and pain and suffering. However, to build a strong claim, you need medical documentation connecting your injuries to the accident.

2. Contact Law Enforcement

It's important to report the accident to local authorities. Kentucky law requires that collisions resulting in injury, death, or property damage exceeding $500 be reported. When the police arrive, provide a clear and factual account of what happened, but avoid speculating or admitting fault.

Request a copy of the police report, as it will contain key details such as the date, time, location of the accident, and any statements from witnesses or involved parties. This document is an important piece of evidence in your claim.

3. Gather Evidence at the Scene

If your injuries allow, collect as much evidence as possible at the accident scene. This includes:

• Photos and videos of your bicycle, the vehicle involved, and any visible injuries.
• Documentation of road conditions, traffic signs, and weather.
• Contact information for witnesses, the driver, and others involved.

Kentucky follows a comparative negligence rule, meaning your compensation could be reduced if you are found partially at fault. Having clear evidence helps establish liability and strengthens your case.

4. Understand Kentucky's Bicycle Laws

Kentucky bicyclists are expected to follow the same rules of the road as motor vehicles, which includes obeying traffic lights, signals, and right-of-way laws. Additionally, state law provides specific protections for bicyclists, such as:

• Safe passing distance law: Drivers must maintain at least a three-foot distance when overtaking a bicyclist.
• Helmet use: While helmets are not required for adults, wearing one can significantly reduce the risk of head injuries and may impact how fault is assessed.

Familiarizing yourself with these laws can help you counter arguments that you contributed to the accident.

5. Notify Your Insurance Provider

In Kentucky, motor vehicle insurance policies often include Personal Injury Protection (PIP) coverage, which extends to bicyclists involved in accidents with motor vehicles. Notify your insurer promptly, even if you are not at fault. PIP can cover medical expenses and lost wages, regardless of who caused the crash.

If the at-fault driver lacks sufficient insurance, uninsured/underinsured motorist coverage (UM/UIM) may also apply. Reviewing your insurance policy and Kentucky's no-fault insurance rules can clarify what benefits you're entitled to.

6. Consult an Experienced Attorney

Bicycle accident claims can be legally complex, particularly when determining fault, negotiating with insurance companies, or pursuing litigation. Hiring a Kentucky personal injury attorney can:

• Help you calculate the true value of your claim, including non-economic damages like pain and suffering.
• Negotiate with insurance adjusters to prevent lowball offers.
• Represent you in court if a settlement cannot be reached.

An attorney will also ensure you comply with Kentucky's statute of limitations, which generally requires personal injury claims to be filed within one year of the accident. Missing this deadline can forfeit your right to compensation.

7. Be Cautious with Insurance Adjusters

After a crash, insurance adjusters may contact you to discuss the accident or offer a settlement. While this might seem convenient, adjusters often aim to minimize payouts. Avoid providing recorded statements or accepting a settlement before consulting with an attorney.

Pro Tip: Stick to the facts when speaking with adjusters and decline to discuss fault or injuries in detail until your attorney reviews the case.

8. File a Legal Claim if Necessary

If negotiations fail or the at-fault party's insurer denies liability, you may need to file a personal injury lawsuit. In Kentucky, compensation for bicycle accidents may include:

• Medical expenses: Hospital stays, physical therapy, and medications.
• Lost income: Wages lost due to recovery time.
• Pain and suffering: Emotional and physical distress caused by the accident.
• Property damage: Repairs or replacement of your bicycle and equipment.

Kentucky's comparative negligence system means you can still recover damages even if you share some responsibility for the accident, as long as you are not entirely at fault.

Statistics on Bicycle Accidents in Kentucky

According to data from the Kentucky Transportation Cabinet, approximately 400 bicycle crashes are reported annually in the state, with most occurring in urban areas. Nationally, the National Highway Traffic Safety Administration (NHTSA) notes that bicyclists account for 2% of all traffic fatalities, underscoring the need for greater awareness and improved safety measures.

Conclusion

Bicycle accidents can be traumatic and life-altering, but knowing what steps to take afterward will protect your rights and improve your chances of recovering fair compensation. From seeking immediate medical attention to speaking with a skilled attorney, every action matters. Kentucky law provides bicyclists with protections, but navigating the legal system requires preparation, evidence, and professional guidance.

Need Legal Help? Brandon J. Broderick, Attorney at Law is One Phone Call Away

Navigating Kentucky Bicycle Accident Claims can be challenging. Fortunately, you don't need to do it alone. The experienced lawyers at Brandon J. Broderick, Attorney at Law, are available 24/7 to help you understand your legal options, gather necessary evidence, and build a strong case to secure the settlement you deserve.

Contact us now for a free legal review.