Deadly Motorcycle Wreck in Louisville

by | Jul 15, 2022 | Car Accidents

Few details were available about a fatal motorcycle wreck near Louisville. The only thing known for sure is that a 56-year-old man is dead.

The wreck occurred on Interstate 265, near the Interstate 64 interchange. Police say initial reports from witnesses indicate the motorcyclist laid his bike down to avoid another vehicle. Emergency responders rushed the man to a nearby hospital, where he later died.

The Louisville Metro Police Department is investigating the crash.

Why Should We File a Wrongful Death Claim?

In some ways, wrongful death claims change nothing. The deceased person is still gone. So, from that perspective, there’s no point in filing such a claim.

However, there’s more. When people die, especially when they die unexpectedly, the survivors must often pay a pile of unanticipated bills. The resulting financial stress worsens the emotional stress that’s already there. To help pull people out of this downward spiral, a Lexington personal injury lawyer obtains compensation for items like final expenses and medical expenses.

Speaking of emotional stress, attorneys also obtain compensation for noneconomic losses, such as lost future emotional support. The biggest pile of money in the universe couldn’t possibly compensate survivors for such losses in any meaningful way. But, quite frankly, money helps.

Evidence in Motorcycle Crash Claims

This compensation is available if a victim/plaintiff proves negligence, or a lack of care, by a preponderance of the evidence, or more likely than not. The foundation of evidence in a motorcycle wreck claim usually includes the police accident report and medical bills.

Police Accident Report

Usually, these reports have two sections. An evidence section details the proof in the case, such as physical evidence at the scene and brief witness statement summaries. A narrative section includes, wait for it, a narrative discussion of the facts leading up to the wreck.

Single-agency investigations, like the one in the above story, are often a red flag. Investigators from single agencies often don’t have the time, expertise, or resources for a deep dive into matters like evidence and causation. These deficiencies are especially bad if a rural law enforcement agency is the only investigating agency.

Additionally, the motorcycle prejudice often comes into play in these reports. Deep down, many people, including many police officers, believe motorcycle riders are Easy Rider-type thugs. This attitude adversely affects the way they see the facts in a case.

The bottom line is that, in many cases, the police accident report is incomplete or biased, or possibly both.

To supplement police reports, many attorneys partner with accident reconstruction engineers. These professionals offer their expert opinions about the wreck and the chain of events which lead to it. This relationship may seem like overkill. But it’s necessary to ensure maximum compensation.

Medical Bills

For many attorneys, electronic health records are the best thing since sliced bread. It’s easier than ever to access complete medical records. These documents often paint a very grim picture of the victim’s injuries.

Additionally, electronic records are often self-authenticating. In ye olden days, Lexington personal injury attorneys usually had to secure a separate authenticating affidavit for each individual bill or chart. Now, the process is much more streamlined.

However, everything is not wine and roses. Like the police accident report, medical bills are often incomplete. They often don’t include information about the victim’s pain level or other pain and suffering information. Additionally, they usually only include past and current treatment and diagnosis information. They don’t include much about possible future medical treatment needs, if any.

Once again, attorneys often partner with outside professionals to fill in the gaps. This time, the outside professional is usually a medical expert. This individual usually reviews the file and offers an opinion in the above areas.

Resolving a Motorcycle Crash Claim

The best foundation of evidence in the world means nothing until an attorney builds on it. In this case, that building project usually involves resolving a motorcycle accident claim out of court. These resolutions benefit victim/plaintiffs. They end the case sooner, and especially in a wrongful death case, survivors are anxious to move on. Additionally, these settlements give victim/plaintiffs more control over the outcome.

Informal settlement negotiations usually begin almost immediately. If all the issues in the case are crystal clear, the insurance company has a legal duty to resolve the matter within a few weeks. 

However, there are almost always some questions as to liability, damages, or another issue. Insurance company lawyers use these questions, no matter how abstract they are, as an excuse to drag their feet.

Therefore, most cases settle during mediation, which is basically a court-supervised negotiation session. A neutral mediator ensures that both sides negotiate in good faith. In general, when both people earnestly want to resolve their differences and cut a deal, that’s usually what happens. In fact, motorcycle accident mediation is about 90 percent successful in Kentucky.

Injury victims are usually entitled to substantial compensation. For a free consultation with an experienced personal injury lawyer in Lexington, contact the Goode Law Office, PLLC. We routinely handle matters in Fayette County and nearby jurisdictions.