Hiring a Motorcycle Accident Lawyer in Kentucky
The Kentucky helmet and lane-splitting rules, the deadline to sue, how lawyers usually charge (contingency fees), how to check a lawyer's license, and free help. We do not recommend or rank lawyers.
What a lawyer costs in Kentucky: fee rules
| If you disagree with a lawyer's bill | The Kentucky Bar Association offers Legal Fee Arbitration under Supreme Court Rule 3.810 for disputes between a lawyer and client over the fee for particular legal services. It is free, and panel members are unpaid. It is voluntary: either side may start it, and the other side has 20 days to agree. Once both agree, the panel's award is binding and enforceable under KRS 417.180. |
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| If a lawyer takes your money | The KBA Clients' Security Fund, paid for by Kentucky lawyers' dues, provides discretionary partial restitution to clients who lost money through a Kentucky lawyer's dishonesty, fraud or other unethical conduct (such as theft, embezzlement or conversion) within the attorney-client relationship; malpractice losses are not covered. Caps: $50,000 per claim and $150,000 total per attorney (prorated if claims exceed the cap); only actual financial losses are paid. File no later than two years after you knew or should have known of the dishonesty. There is no fee, and no lawyer may charge to file a claim for you. |
Kentucky rules to know first
| Helmet law | Kentucky requires a protective helmet only for riders under 21 (operators and passengers, including sidecar riders), riders operating on a motorcycle instruction permit, and riders who have held a motorcycle license for less than one year. Other adult riders are not required to wear a helmet, but every operator must use approved eye protection. KRS 189.285 does not say that not wearing a helmet reduces damages in a lawsuit. Source: KRS 189.285(1), (3) |
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| Lane splitting | No Kentucky statute reviewed names lane splitting. The overtaking statute requires passing on the left, allows passing on the right only when the vehicle ahead is turning left or there is room for two or more lines of traffic in the same direction, and only when it can be done safely and not by driving off the roadway. On roads with three or more marked lanes in one direction, a driver must keep as nearly as practical entirely within a single lane and may not leave it until the move can be made safely. Kentucky's statutes do not separately address riding between lanes of traffic; how KRS 189.340 applies to it is not stated in the statute. Source: KRS 189.340(1), (3), (4), (7)(a) |
| Fault rule | Kentucky uses comparative fault. In tort cases involving fault of more than one party, the jury (or judge) finds the total damages and the percentage of fault of each party, including the injured person, and the award is set according to those percentages. The statute does not bar recovery when the injured person is partly at fault, which is generally described as pure comparative fault. Source: KRS 411.182 |
| Deadline to sue | In general, a lawsuit for an injury to the person must be filed within one year after the cause of action accrued. For injuries from a motor vehicle accident covered by Kentucky's Motor Vehicle Reparations Act, a tort lawsuit may be filed within two years after the injury, the death, or the date of the last no-fault (basic or added reparation) benefit payment, whichever is later. Motor vehicle rule: https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=45816 |
Find and check a lawyer
| Lawyer referral service | The Kentucky Bar Association does not run a referral service; as a public service it lists regional lawyer referral services that are "not affiliated with the Kentucky Bar Association": Central Kentucky Lawyer Referral Service, (859) 225-8644, weekdays 9 a.m.-4 p.m. (Bourbon, Clark, Fayette, Franklin, Jessamine, Madison, Scott and Woodford counties); Kentucky Lawyer Referral Service, (502) 583-1801, weekdays 8:30 a.m.-4:30 p.m. (Jefferson and surrounding counties, plus several southern Indiana counties); and Northern Kentucky Bar Association Lawyer Referral Services, (859) 781-1525 (Boone, Campbell, Carroll, Gallatin, Grant, Kenton, Owen and Pendleton counties). The KBA also offers a Directory of Kentucky Attorneys. |
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| Check that the lawyer is licensed | The Kentucky Bar Association's Find a Lawyer page (Directory of Kentucky Attorneys) lets the public search for Kentucky attorneys; the KBA also posts a list of currently suspended and disbarred lawyers. |
| Check discipline history or file a complaint | Complaints about Kentucky lawyers go to the KBA's Office of Bar Counsel on its sworn complaint form, which must have a notarized signature; complaints cannot be submitted by phone, email or fax. Use one form per attorney (not a firm), state specifically what the lawyer did or failed to do, list witnesses, and attach copies (not originals) of documents. Complaints are first reviewed to see whether they allege an investigable ethics violation; the complainant is a witness, not a party, and the matter is confidential at this stage under SCR 3.150. To have a form mailed, call (502) 564-3795 ext. 723. Kentucky Bar Association: 514 W. Main St., Frankfort, KY 40601. Attorney discipline: https://kybar.org/For-Members/Office-of-Bar-Counsel/Attorney-Discipline |
Free legal help
| Free legal aid | Kentucky's LSC-funded legal aid organizations give free civil legal help to eligible low-income people by region: Appalachian Research and Defense Fund of Kentucky (AppalReD), Kentucky Legal Aid, Legal Aid of the Bluegrass and Legal Aid Society (Louisville). The Kentucky Bar Association notes, "If you cannot afford an attorney, a legal aid program may be able to help." |
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General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.