KENTUCKY MOTORCYCLE LAW*

 

Kentucky motorcyclists are protected under Kentucky motorcycle law that makes negligent drivers responsible and liable to Kentucky motorcyclists. A bike who is involved in a Kentucky motorcycle accident may obtain compensation for his or her injuries that were caused by the other driver’s negligence. Damages may include payment for pain and suffering, scarring, disfigurement, loss of enjoyment of life, economic loss, no fault benefits, and more. What follows are some of the relevant law involving motorcycles in the State of Kentucky.

 

If you sustained an injury due to a Kentucky motorcycle accident and you haven’t contacted a lawyer about your Kentucky motorcycle accident, the best thing you can do for yourself is contact us NOW. We’ll listen to you and help you understand your options. If you have a case, we’ll help you find the best motorcycle accident injury attorney or law firm in your area. As an attorney who litigates these cases, I belong to many trial lawyer and motorcycle lawyer groups and have gone out of my way to find the best motorcycle attorneys in each state. Even the phone call is free, and there is no obligation. Don’t wait until it’s too late, make a simple call and talk to attorney Jason Waechter, The Motorcycle Lawyer.             1-877-Biker-Law (1-877-245-3752).

 

Ø      Motorcycle Definition:

 

Title XVI. Motor Vehicles

Chapter 189. Traffic Regulations; Vehicle Equipment and Storage (Refs & Annos)

189.285 Regulations for operating and riding on motorcycles; headgear requirements; definitions of motorcycle and moped

 

(6) As used in this chapter:

(a) "Motorcycle" means any motor-driven vehicle having a seat or saddle for the use of the operator and designed to travel on not more than three (3) wheels in contact with the ground, but excluding tractors and vehicles on which the operator and passengers ride in an enclosed cab and excluding a moped as defined in this subsection; and

 

Ø      Kentucky Helmet Law: Helmet required for novice riders, riders under age 21, and instructional permit holders.

 

Chapter 189. Traffic Regulations; Vehicle Equipment and Storage (Refs & Annos)

189.285 Regulations for operating and riding on motorcycles; headgear requirements; definitions of motorcycle and moped

 

(3) The following persons shall be required to wear protective headgear, in the manner prescribed by the secretary of the Transportation Cabinet, at all times the motorcycles they are riding are in motion on a public highway:

(a) A person under the age of twenty-one (21) years who is operating a motorcycle r who is a passenger on a motorcycle or in a sidecar attachment;

(b) A person who possesses a motorcycle instruction permit and who is operating a motorcycle; and

(c) A person who has held a valid motorcycle operator's license, or combination motor vehicle-motorcycle operator's license, for less than one (1) year and who is operating a motorcycle.

 

Ø      Eye Protection: Eye protection when riding on a Kentucky motorcycle is required by law.

 

Ø      Statute of Limitations: A personal injury claim must be brought within 2 years from the date of injury, resulting from your Kentucky motorcycle accident.

 

304.39-230 Limitations of actions

(1) If no basic or added reparation benefits have been paid for loss arising otherwise than from death, an action therefore may be commenced not later than two (2) years after the injured person suffers the loss and either knows, or in the exercise of reasonable diligence should know, that the loss was caused by the accident, or not later than four (4) years after the accident, whichever is earlier. If basic or added reparation benefits have been paid for loss arising otherwise than from death, an action for further benefits, other than survivor's benefits, by either the same or another claimant, may be commenced not later than two (2) years after the last payment of benefits.

 

Ø      Minimum Insurance Requirements: Compulsory Liability Insurance

 

Ø      Kentucky is a No-Fault state.

 

Ø      Kentucky is a Choice No-Fault state.  A person injured in a Kentucky motorcycle accident has the right to basic reparation benefits unless he has rejected the limitation of his tort rights.  

 

Chapter 304. Insurance Code (Refs & Annos)

Subtitle 39. Motor Vehicle Reparations Act (Refs & Annos)

304.39-060 Acceptance or rejection of partial abolition of tort liability; exceptions

 

(1) Any person who registers, operates, maintains or uses a motor vehicle on the public roadways of this Commonwealth shall, as a condition of such registration, operation, maintenance or use of such motor vehicle and use of the public roadways, be deemed to have accepted the provisions of this subtitle, and in particular those provisions which are contained in this section.

 

(2) (a) Tort liability with respect to accidents occurring in this Commonwealth and arising from the ownership, maintenance, or use of a motor vehicle is "abolished" for damages because of bodily injury, sickness or disease to the extent the basic reparation benefits provided in this subtitle are payable therefor, or that would be payable but for any deductible authorized by this subtitle, under any insurance policy or other method of security complying with the requirements of this subtitle, except to the extent noneconomic detriment qualifies under paragraph (b) of this subsection.

 

(b) In any action of tort brought against the owner, registrant, operator or occupant of a motor vehicle with respect to which security has been provided as required in this subtitle, or against any person or organization legally responsible for his acts or omissions, a plaintiff may recover damages in tort for pain, suffering, mental anguish and inconvenience because of bodily injury, sickness or disease arising out of the ownership, maintenance, operation or use of such motor vehicle only in the event that the benefits which are payable for such injury as "medical expense" or which would be payable but for any exclusion or deductible authorized by this subtitle exceed one thousand dollars ($1,000), or the injury or disease consists in whole or in part of permanent disfigurement, a fracture to a bone, a compound, comminuted, displaced or compressed fracture, loss of a body member, permanent injury within reasonable medical probability, permanent loss of bodily function or death. Any person who is entitled to receive free medical and surgical benefits shall be deemed in compliance with the requirements of this subsection upon a showing that the medical treatment received has an equivalent value of at least one thousand dollars ($1,000).

 

(c) Tort liability is not so limited for injury to a person who is not an owner, operator, maintainer or user of a motor vehicle within subsection (1) of this section, nor for injury to the passenger of a motorcycle arising out of the maintenance or use of such motorcycle.

 

Ø      No-Fault Benefits in Kentucky:

 

·        Medical Expenses

·        Work Loss

·        Replacement Services Loss

~ If death results:

·        Survivor’s Economic Loss

·        Survivor’s Replacement Services Loss

 

Chapter 304. Insurance Code (Refs & Annos)

Subtitle 39. Motor Vehicle Reparations Act (Refs & Annos)

304.39-010 Policy and purpose

304.39-020 Definitions for subtitle

 

(5) "Loss" means accrued economic loss consisting only of medical expense, work loss, replacement services loss, and, if injury causes death, survivor's economic loss and survivor's replacement services loss. Noneconomic detriment is not loss. However, economic loss is loss although caused by pain and suffering or physical impairment.

(a) "Medical expense" means reasonable charges incurred for reasonably needed products, services, and accommodations, including those for medical care, physical rehabilitation, rehabilitative occupational training, licensed ambulance services, and other remedial treatment and care. "Medical expense" may include non-medical remedial treatment rendered in accordance with a recognized religious method of healing. The term includes a total charge not in excess of one thousand dollars ($1,000) per person for expenses in any way related to funeral, cremation, and burial. It does not include that portion of a charge for a room in a hospital, clinic, convalescent or nursing home, or any other institution engaged in providing nursing care and related services, in excess of a reasonable and customary charge for semi-private accommodations, unless intensive care is medically required. Medical expense shall include all healing arts professions licensed by the Commonwealth of Kentucky. There shall be a presumption that any medical bill submitted is reasonable.

(b) "Work loss" means loss of income from work the injured person would probably have performed if he had not been injured, and expenses reasonably incurred by him in obtaining services in lieu of those he would have performed for income, reduced by any income from substitute work actually performed by him.

(c) "Replacement services loss" means expenses reasonably incurred in obtaining ordinary and necessary services in lieu of those the injured person would have performed, not for income but for the benefit of himself or his family, if he had not been injured.

(d) "Survivor's economic loss" means loss after decedent's death of contributions of things of economic value to his survivors, not including services they would have received from the decedent if he had not suffered the fatal injury, less expenses of the survivors avoided by reason of decedent's death.

(e) "Survivor's replacement services loss" means expenses reasonably incurred by survivors after decedent's death in obtaining ordinary and necessary services in lieu of those the decedent would have performed for their benefit if he had not suffered the fatal injury, less expenses of the survivors avoided by reason of the decedent's death and not subtracted in calculating survivor's economic loss.

 

Ø      Non-economic damages for pain & suffering can be recovered through a tort claim.

 

Chapter 304. Insurance Code (Refs & Annos)

Subtitle 39. Motor Vehicle Reparations Act (Refs & Annos)

304.39-010 Policy and purpose

 

(11) "Noneconomic detriment" means pain, suffering, inconvenience, physical impairment, and other nonpecuniary damages recoverable under the tort law of this Commonwealth. The term does not include punitive or exemplary damages.

 

Ø      Threshold Injury Requirement: To sue for non-economic damages, resulting from pain & suffering from your Kentucky motorcycle accident, a threshold injury must be met.

 

·        Permanent Serious Disfigurement

·        Fracture

·        Loss of Body Member

·        Permanent Injury within Reasonable Medical Probabliity

·        Permanent Loss of Body Function

·        Death

·        Medical expense in excess $1000

 

(b) In any action of tort brought against the owner, registrant, operator or occupant of a motor vehicle with respect to which security has been provided as required in this subtitle, or against any person or organization legally responsible for his acts or omissions, a plaintiff may recover damages in tort for pain, suffering, mental anguish and inconvenience because of bodily injury, sickness or disease arising out of the ownership, maintenance, operation or use of such motor vehicle only in the event that the benefits which are payable for such injury as "medical expense" or which would be payable but for any exclusion or deductible authorized by this subtitle exceed one thousand dollars ($1,000), or the injury or disease consists in whole or in part of permanent disfigurement, a fracture to a bone, a compound, comminuted, displaced or compressed fracture, loss of a body member, permanent injury within reasonable medical probability, permanent loss of bodily function or death. Any person who is entitled to receive free medical and surgical benefits shall be deemed in compliance with the requirements of this subsection upon a showing that the medical treatment received has an equivalent value of at least one thousand dollars ($1,000).

 

*There are many exceptions, special definitions and complex issues that cannot be explained in this material. It is not intended to be a substitute for specific legal advice. Your legal rights greatly depend on the facts of your accident.

 

*Law changes constantly. Do not rely on this information. Law is vast and can not be covered in this limited space.

 

***Law portion of site in progress. Kentucky motorcycle law regarding Kentcuky motorcycle accidents is being drafted and will be updated soon. Please call our firm for a free consultation to see if you have a case.