Riding a motorcycle gives a great sense of freedom. But it is also extremely dangerous. Motorcycle crashes take place more often than one might imagine in Missouri. If you or someone you love gets hurt, knowing what to do next can make a huge difference.
A Kansas City motorcycle accident lawyer informs you what you need to know.
The Reasons for Motorcycle Crashes in Missouri
The majority of crashes are caused by careless driving. Some of the most common reasons are:
- Failing to see motorcycles
- Speeding
- Riding while intoxicated
- Changing lanes without checking
- Running red lights or stop signs
- Poor road conditions
- Distracted driving (GPS, cell phones)
- Tailgating
Car drivers often say, “I didn’t see the motorcycle.” That is no defense for their fault. Motorcycles are small, but drivers must seek them out. Motorcycles also pose other hazards. Rainy roads, potholes, and loose gravel can lead to a crash, even if there is no other driver involved.
What Happens After a Motorcycle Accident
After a crash, things move very fast. You’re hurt. You’re confused. You have no idea who to call.
Here’s what to do:
- Call 911.
- Get medical care, even if you don’t feel too badly hurt.
- Take pictures of the scene, damage, and injuries.
- Get contact information from witnesses.
- Don’t talk to the other driver’s insurance company alone.
- Call a personal injury lawyer.
Act fast will help your case in the future. You’ll want records of what happened, not recollections.
Even if you don’t feel pain immediately, visit a doctor. Some injuries appear later. Any delay in treatment can be used by the insurance company against you.
Missouri Motorcycle Laws You Need to Know
In order to ride legally, Missouri has regulations for bikers:
- Helmets are optional for riders who are 26 and older and have insurance.
- Motorcycles must be equipped with functioning lights and mirrors.
- Lane splitting is prohibited.
- Eye protection is mandatory if your motorcycle does not have a windshield.
- You must carry liability insurance.
Violating these laws can hurt your claim. Respect the laws. They protect you. Also, maintain a valid license and registration. One offense can weaken your case. Missouri also has safety inspections for motorcycles. If your motorcycle fails one, you need to fix the problem before you hit the road. Small things like tread on tires that are worn out or faulty lights may lead to accidents and damage your case in court as well.
How Fault Functions in Missouri
Missouri follows “pure comparative fault.”
This is another way of expressing that you are still entitled to receive cash when your crash was also your fault. Yet your payment is reduced by your share of the fault.
Example:
- You are 20% at fault.
- Damages are $100,000.
- You can recover $80,000.
This principle is applied by insurance companies to offset your claim. This can be objected to by a lawyer. If the opposing side complains that you were speeding or riding without a helmet, it can hurt your case. That is why it is well to have someone who understands how to counter such ploys. Comparative fault even comes into play when the opposing driver accepts responsibility. They can still attempt to claim that you compounded the situation. Legal representation keeps the conversation focused on what happened.
Types of Compensation You Can Claim
An injury lawyer will assist you in pursuing all of the money you are entitled to. Here’s what you can potentially recover:
- Medical expenses (current and future)
- Wages lost
- Pain and suffering
- Repair or replacement of the bicycle
- Cost of long-term care
- Loss of enjoyment of life
- Rehab or therapy costs
- Loss of future earnings if you are unable to work
Each case is unique. The more evidence you have, the better your claim.
Photos, receipts, doctor’s notes, and diaries are beneficial. Document every visit, each cost, and every feeling of each day. If your injury keeps you from living life—like riding again, playing with your children, or working—you must include it on your claim. These effects are as painful as the physical injury.
Why You Need a Lawyer
Insurance firms are not on your side. They exist to save you money, but they are not there to help you.
A Kansas City injury lawyer can:
- Investigate the accident
- Talk to witnesses
- Get the police report
- Handle all the calls with insurance
- Get paperwork done on time
- Fight for fair compensation
- Refer you to physicians if needed
Most lawyers work on a “no win, no fee” arrangement. That is, you do not pay unless you win.
Without an attorney, you will settle for less than your case is worth. Your attorney will also know how to handle your case in court if that’s necessary. Even if you don’t actually go to trial, the potential for a strong case can help get you a better settlement.
What Makes Motorcycle Accidents Unique
Motorcyclists are at greater risk than the drivers of automobiles. There is less protection. The injuries will be worse.
Common motorcycle injuries:
- Broken bones
- Road rash
- Head trauma
- Spinal injury
- Internal bleeding
- Engine heat or friction burns
- Amputations in extreme cases
Injuries do occur even if one wears a helmet. That is why the prize in bicycle accidents is larger than in car accidents. Recovery takes longer. Pain is deeper. And the psychological impact can last for many years. Most bikers also have PTSD. Following a bad crash, getting back on the bike is impossible. These psychological and emotional injuries are also covered under your claim.
What to Do Right Now
If you are involved in a motorcycle accident, do the following:
- Get medical treatment
- Save receipts and records
- Don’t post it on social media
- Call a Kansas City personal injury lawyer
- Don’t talk to any insurance adjuster by yourself
Time matters. You have five years in Missouri to bring a suit. But waiting makes it harder to prove your case. In addition, memories fade. Witnesses disappear. The sooner you act, the better you are likely to do. Don’t talk about your case on Facebook or Twitter. What you say and what you post can be used to build a case against you. Even a photo can raise question marks regarding the extent of your injury.
Frequently Asked Questions
1. Do I need a lawyer if the accident was not severe?
Yes. Even minor accidents can lead to hidden injuries. A lawyer will protect your rights and see that you get fair compensation.
2. How much time do I have to make a claim for a motorbike accident?
In Missouri, you have five years from the accident. But the sooner the better.
3. What if I was not wearing a helmet?
You can still have a case. But the opposing side may argue your injuries are greater because of it. A lawyer will be able to challenge this.
4. How much do personal injury lawyers charge?
Most work on a contingency fee. You pay nothing unless they win your case.
5. What do I need to bring to the initial lawyer meeting?
Take your accident report, pictures, and medical bills. Take any insurance notices also. Take notes about what occurred, even small things.
Last Words
Motorcycle wrecks change lives. They are the equivalent of pain, stress, and enormous bills. You don’t have to go it alone.
A Kansas City personal injury lawyer knows how to help. They will fight for your rights and battle to get the money you need to recoup. If you were hurt in a motorcycle accident, get help right away. Don’t wait. Your future—and your recovery—are depending on it.
Call now. Get answers. And take that first step toward taking back your life. You’ve survived the worst of it. Now it’s time to rebuild.
