Breckinridge County Kentucky Teenager Dies in Dirt Bike Accident
Feb. 24, 2023
On February 19, 2023, a 15-year-old Breckinridge County Kentucky teen died as a result of injuries suffered in a dirt bike accident. The teenager was riding behind a 14-year-old on another dirt bike and struck the rear tire of the 14-year-old’s bike causing both riders to be thrown from their bikes. The 15-year-old died at the scene of the accident and the 14-year-old suffered multiple injuries and was transported by EMS to Owensboro Health Regional Hospital. The accident took place at the 4300 block of Old Railroad Road, but there was no indication whether the bikes were on the roadway or on the nearby property.
Can you Ride Dirt Bikes on Kentucky Roadways?
Kentucky law restricts the use of motorcycles on a highway to people who possess a valid driver’s license; the rider uses an approved eye-protective devise, the motorcycle is equipped with a rear-view mirror; has a permanently attached seat designed to carry a person in a safe manner; and has a footrest (KRS 189.285). In the accident described above, neither teenager could legally drive the dirt bikes on a roadway due to their lack of a license. Most dirt bikes I have seen do not have rear-view mirrors and if the bikes in the above accident did not have a rear-view mirror, then they could not be legally driven on a Kentucky Roadway.
Can a Personal Injury Claim be made by anyone involved in the Breckinridge County Dirt Bike Accident?
Even if the teenagers were driving illegally on a Kentucky Roadway, a claim could still be made by the teenager that was not at fault in the accident. The illegal use of Kentucky roadways does not prevent a claim of negligence against the negligent party. Using a Kentucky roadway illegally does not make you responsible for causing the accident. I have had many people think that because a driver of an automobile was driving without a valid driver’s license, then that person must be at fault in the accident. That is not true. The person who caused the accident is at fault regardless of the illegal usage of the roadways.
The description of the Breckinridge accident places the 15-year-old at fault for running into the rear wheel of the 14-year-old’s dirt bike. Assuming that to be true, the parents of the 14-year-old could make a claim against the estate of the 15-year-old and his parents. The parents of the 14-year-old would have to make the claim as next of friend for their child since he is not 18 years old and cannot sue or be sued on his own. The claim would be made against the estate of the 15-year-old and more importantly against the parents who, under Kentucky law, assume responsibility for the negligence of their minor children. Kentucky law holds adults jointly negligent with any minor they permit to drive a vehicle.
Although the accident victim can make a claim for his or her injuries in the Breckinridge motorcycle accident, the bigger question is- will there be any insurance to pay that claim? If an adult can be held responsible, there is a greater likelihood that there is some insurance to cover the claim. In the Breckinridge accident, the important question is whether the adult owners of the motorcycles insured the vehicles with motorcycle insurance or through their homeowner’s insurance. If they did, then a successful claim can be made. If there is no insurance, than the parents can file for bankruptcy protection.
CONTACT KENTUCKY CAR ACCIDENT LAWYER
If you are involved in a car, truck or motorcycle accident, you will require the services of an experienced Kentucky car accident attorney to investigate the cause of the accident and maximize all benefits available to the victims and their families. Matthew Troutman, a Kentucky car accident lawyer, of the Troutman Law Office has been handling auto accident claims, almost exclusively, since 1986 and has the experience and talent to obtain the best result for the victims in the above car accident.
If you need legal assistance due to a motor vehicle accident, contact Kentucky car accident attorney Matthew Troutman directly at 859-696-0001 or 502-648-9507 and he will meet with you in the hospital, your home or wherever is convenient for you. He will give you direct access through his cell phone and guide you through the difficult process necessary to obtain the best result possible for you in your car accident claim. To learn more about Lexington car accident attorney Matthew Troutman and the Troutman Law Office, click here.