When we evaluate a case, we look at how much damage was done to the vehicle or the bicycle, what were your bodily injuries, how well were those injuries documented, what medical bills were incurred from these injuries, and do you have a permanent impairment. In other words, if something is wrong and is going to be forever wrong to some extent, that should factor into the value of your case.
For certain, if it were required by law that you wear a helmet, not doing so will impair your settlement. In the state of Kentucky, our law says that you must wear a helmet if you are 11 years of age or under, but each local municipality gets to add to that law if they want. In Louisville, where our office is located, the rule is anyone under the age of 18 must wear a helmet when they are in any metro park. So, in those situations, if you weren’t wearing a helmet when you were injured, it would impair your case because you weren’t following the law.
A bicycle accident, for legal purposes, is treated the same way as a car wreck. The statute of limitations on this is two years from the date of the accident or two years from your last PIP payment, whichever is later, not to exceed four years. In the case of a bicycle wreck, your PIP payments will come from the vehicle that struck you. You are treated as if you were a passenger in that vehicle, which is weird, but that’s how the law works.
For more information on Bicycle Accident Claims in the State of KY, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (502) 791-8389 today.