August 1, 2023

Motorcycle Accidents

Learn how to begin a motorcycle accident personal injury or wrongful death case

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Motorcycle Accidents

How Do I Begin a Motorcycle Accident Personal Injury or Wrongful Death Case?

You are here for legal advice about your personal injury or wrongful death case. Mike Burman at Burman Law offers a free consultation to answer your questions. During your consultation - if you are comfortable - Mike will cover these six key steps with you:

  • Preserve important physical evidence so nothing critical is lost
  • Interview witnesses and law enforcement
  • Take custody of photographs, video, and security camera footage
  • Impound or take custody of the motorcycle or other accessories
  • Provide you with a free case evaluation so you understand what the case is about
  • Provide you with a plan of action so you understand how the case will be handled

Mike is a death and injury lawyer with 25+ years of experience helping hundreds of accident victims against at-fault commercial operators and careless drivers of all types. Other lawyers often call Mike for advice with their personal injury lawsuits and wrongful death lawsuits. Once you begin your free case evaluation with Mike, you will know the legal advice is coming from an experienced attorney who wants to help you.

There is never any pressure. Your consultation is strictly confidential. Mike will provide legal advice and answer all your questions.  He will explain traffic laws and your legal rights, so you know what is important about your case. If you are dealing with an insurance company adjuster, Mike will give you advice based on years of experience pursuing insurance cases against the at-fault driver’s insurance.

Mike and the staff at Burman Law understand that motorcycle accident victims and fatal motorcycle accidents can be overwhelming and intimidating. To help you, the friendly legal team at Burman Law average over 10 years of paralegal experience with personal injury claims and wrongful death claims against negligent parties. You will have 24/7/365 access to Mike Burman and the paralegals at Burman Law through our free Burman Law Client Portal.  And, you can always reach us by phone, text, or email.  

We are here to help.  You can schedule a consultation with Mike by clicking:

For the legal process to work, several steps in a motorcycle accident claim must be addressed quickly, especially the preservation of evidence and the location of witnesses against the at-fault party. The police report needs to be checked for accuracy. Medical treatment by specialized medical professionals familiar with motorcycle accident injuries should begin. Medical bills and lost wages should be submitted to insurance for payment.

Beginning a case may help prevent other motorcycle accidents. The National Highway Traffic Safety Administration (NHTSA) states, based on vehicle miles traveled in 2020, motorcycle riders were about 28 times more likely than passenger vehicle occupants to be a fatality in a motor vehicle crash and motorcyclists were also 4 times more likely to be seriously injured. If you decide for us to be your motorcycle accident attorney, our legal team will help you:

  • plan for medical expenses not paid by insurance
  • plan for lost income and time off from work
  • calendar the statute of limitations under state law so you do not miss any time limits
  • answer all the FAQs, as well as the questions unique to your case
  • meet with surviving family members and explain the legal process
  • fill out the necessary paperwork for your insurance policy or insurance claim
  • provide advice on your property damage claim for automobile repairs or total loss or the replacement value
  • lay the foundation for you to receive a fair settlement amount without the expense and delay of a lawsuit (if the settlement is, in fact, fair)


We handle every type of motorcycle crash from a rear-end motor vehicle accident to a highway defect that causes a motorcycle accident.   We handle motorcycle accidents and cases involving lost wages, punitive damages, and non-economic damages for pain and suffering. Our legal team is also experienced in medical malpractice cases that sometimes arise within motorcycle accident cases. We handle or assist with probate matters involving the death of a motorcyclist.  We handle wrongful death lawsuit against big and small liable parties. We handle loss of consortium cases for the death or injury of a spouse or minor child. Our experience ranges from semi-trucks and trailers to farm vehicles and car accidents with motorcycles. Our case values range from tens of thousands of dollars to millions of dollars. We can practice in all federal or state courts throughout Kentucky and Tennessee.  Burman Law is a motorcycle accident lawyer with offices in Hopkinsville, Kentucky, and Clarksville, Tennessee to better serve you.


Every driver has a duty to exercise care for the safety of motorcyclists using the highway. We investigate and prove fault by motorists who:

  • Fail to maintain a safe distance
  • Fail to slow to a safe speed or continually use excessive speed
  • Fail to allow time for safe clearance
  • Fail to obey traffic signals (i.e., red lights or stop signs)
  • Fail to keep a proper lookout for motorcyclists
  • Fail to pay attention, especially at night or during inclement weather
  • Fail to perceive a dangerous condition or immediate hazard
  • Fail to drive free of impairment by drugs or alcohol
  • Fail to stop operating a cell phone while operating a motor vehicle


Motorcycle injury and wrongful death cases require quick attention from an experienced personal injury law firm. Mike Burman regularly handles cases with severe injuries.  Mike regularly handles  wrongful death cases.  Mike has the paralegal staff and financial resources needed to take on any insurance company.  As your motorcycle accident lawyer, Mike Burman and his law firm will work quickly to:

  • Understand the mechanism of injury causing pain and suffering or death
  • Look for hard-to-find injuries, such as traumatic brain injuries (TBI) or labral tears in the hip
  • Preserve evidence that could be washed away, destroyed, or lost
  • Study traffic patterns and traffic
  • Search for CCTv video/audio, ring doorbell cameras, police videos, and business cameras
  • Locate and interview witnesses
  • Engage experts in accident reconstruction to uncover critical facts
  • Download the “black box” speed and distance computer on the “at-fault” vehicle
  • Impound the at-fault vehicle and preserve the motorcycle

In every personal injury case or wrongful death case, we investigate and preserve evidence. We locate and contact all available witnesses. We notify all necessary parties and insurance companies, notify all lienholders, gather and protect evidence and damages,  prepare a settlement demand, negotiate a motorcycle accident settlement, resolve liens, and distribute a fair settlement to you.

Once evidence from the scene is secure, we use information technologies to transform this evidence into a visual representation of your motorcycle crash to prove the harms and losses behind your injuries. Our paralegals prepare in-house media consisting of charts, blowups, and videos while keeping costs under control. Our goal is to communicate your case so that anyone can “be sure” what happened and “understand” what should be done to right the wrong done to you. We work to provide the insurance adjuster with a thorough evaluation of your case so you achieve a full and fair out-of-court settlement.  But if you must file suit, Burman Law will help prepare your case for trial.  At trial, we will visualize your case to the jury, so the jury understands exactly what happened to you, and how your life changed. In this way, the jury has the power to come back with a verdict to help right the wrong done to you.


Insurance companies and insurance adjusters use several tactics to deny claims and pay less than the value of the claim.  Some of the most common we see in motorcycle injury cases are:

  • Blaming accident victims for their own injuries
  • Reducing the value of the case by misinterpreting medical records
  • Denying the severe injuries are related to the accident
  • Making low settlement offers for pre-existing or age-related factors
  • Delaying claims as long as possible until you must take a low settlement offer
  • Making lowball settlement offers to reduce the amount you think is reasonable
  • Telling injury victims they do not need to hire a lawyer


As your personal injury attorney, we are paid a percentage of the money recovered in your case.  Many personal injury lawyers now charge a fee of 40% to begin your case.  Our fee has been one-third for more than twenty-five plus years.  We do not spend time or money on expensive television ads, and we pass that savings on to you.  There are no hidden disclaimers.  We are transparent at all times.

With our free consultation and free case evaluation services, you can discuss your motorcycle accident case with Mike Burman in confidence.  Mike will help you understand your rights and give you a plan of action based on real experience.  There is never any pressure.  We put all fees and case expenses in writing.  As a Burman Law client, you will receive our free client portal so you can post anything you want 24/7/365.  We respond to portal messages by the next business day, or sooner.   And you can always contact Mike on his personal cell phone number which he will give you.  Burman Law staff average ten years of paralegal experience.  Mike has more than 25+ years of experience in personal injury and wrongful death involving motorcycle accidents and safety in Kentucky and Tennessee.

We would be honored to help you or your loved ones. You can schedule a consultation with Mike by clicking:



(1) A person shall not operate a motorcycle on a highway:

(a) Except when that person is in possession of a valid motorcycle operator's license; and

(b) Unless that person uses an approved eye-protective device, in the manner prescribed by the secretary of the Transportation Cabinet, at all times such vehicle is in motion; and

(c) Unless the motorcycle is equipped with a rear-view mirror as required under KRS 189.130.

(2) A person shall not operate or ride as a passenger on a motorcycle:

(a) Except on a seat permanently attached to that vehicle and specifically designed to carry the operator or passenger in a safe manner; and

(b) Except when using a footrest permanently attached to that vehicle and specifically designed to carry that person in a safe manner.

(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 or 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.

(4) A motorcycle operator authorized to drive a motorcycle on an instruction permit shall not be authorized to carry passengers.

(5) The secretary of the Transportation Cabinet shall by regulation fix minimum standards for approved protective headgear and for approved eye-protective devices, and prescribe the manner in which they shall be used. The secretary shall maintain and cause to be published a list of approved protective headgear and of approved eye-protective devices. The secretary may prescribe by regulation minimum standards for other protective devices and require the use of those devices.

(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

(b) "Moped" means either a motorized bicycle whose frame design may include one (1) or more horizontal crossbars supporting a fuel tank so long as it also has pedals, or a motorized bicycle with a step-through type frame which may or may not have pedals rated no more than two (2) brake horsepower, a cylinder capacity not exceeding fifty (50) cubic centimeters, an automatic transmission not requiring clutching or shifting by the operator after the drive system is engaged, and capable of a maximum speed of not more than thirty (30) miles per hour.

KY Rev. Stat. 189.285 Regulations for operating and riding on motorcycles - Headgear requirements - Definitions of motorcycle and moped (Kentucky Revised Statutes (2022 Edition))

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