Bicycle Accident Claims in Kentucky

A driver passing a bicycle must move to the next lane if there is more than one lane in that direction; on a one-lane road the driver must leave at least 3 feet, or use reasonable caution if 3 feet is not available. Drivers may cross the center line, even in a no-passing zone, to pass a bicycle when the way is clear. Bicyclists may not ride more than two abreast in a single lane (except in a marked bike lane) and may not impede traffic when riding two abreast. Bicycle equipment and safe-operation standards are set by Transportation Cabinet regulation.

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.

Kentucky is a no-fault (choice) state. Required liability coverage is at least $25,000 per person and $50,000 per accident for bodily injury and $25,000 for property damage (or a $60,000 single limit), plus basic reparation (personal injury protection) benefits of up to $10,000 per person. Drivers who accept the no-fault system may sue for pain and suffering only if medical expenses exceed $1,000 or the injury involves permanent disfigurement, a fracture, loss of a body member, permanent injury or loss of bodily function, or death. A person may reject the tort limitation in writing on a Department of Insurance form before an accident.

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.