Personal Injury Lawsuits for Motorcycle Accidents in Kansas City, Missouri
Motorcyclists stand a higher chance of being at risk compared to drivers of cars. Without the protection of a car, an accident may lead to serious injury to a victim. Victims may be hospitalized, need therapy, or need life care. If another driver is at fault for the collision, victims can file a lawsuit for a claim of personal injury. A lawsuit will restore payment for medical bills, lost wages, and suffering. Missouri law protects victims and allows suits against careless motorists. Lawsuits, What to Expect, and How an Attorney Can Help. This article covers lawsuits, what to expect, and how an attorney can help.
Motorcycle Accidents and Risk of Injury
Motorcycle accidents most frequently result in head injury, broken bones, and spinal injury. Protective helmets are helpful but cannot prevent injury. Cars shield drivers, but motorbikes expose riders.
Among the most frequent causes are:
- Motorcyclists were struck by turning automobiles on their left side.
- GPS-and-phone-distracted drivers.
- Speeding drivers who fail to notice motorbikes.
- Road hazards like potholes or litter.
Any of these hazards is capable of inflicting severe injury. Personal injury lawsuits attempt to make the negligent driver accountable.
Why Suits Are Filed
Suits are filed when another party caused the accident. Suits enable victims to receive appropriate compensation for injuries. Suits may include:
- Emergency treatment and hospitalization
- Surgery and rehabilitation expense
- Lost wages during recovery
- Loss of future earning capacity
- Pain, suffering, and emotional distress
If no lawsuit is filed, victims get bills they have no way to pay. A lawsuit enables the fault party or insurance company to pay the bills.
Missouri Law and Comparative Fault
Missouri is a pure comparative fault state. Joint fault means that there is fault on both sides. In the event of rider fault, the award is reduced.
Example:
- Total damages: $100,000
- Fault on the rider: 20%
- Final award: $80,000
Insurance companies never minimize the rider’s negligence. A lawyer protects the rider from unwarranted deductions.
Stages in a Motorcycle Accident Lawsuit
1. Receive Medical Care
Get treated immediately. Medical records are more effectively heard in court.
2. Obtain Consultation of an Attorney
A Kansas City Motorcycle Accident Lawyer reviews crash reports, photos, and medical records to analyze the case.
3. File the Claim
The lawyer names the at-fault driver and lists all damages in court filings.
4. Discovery
Both sides provide proof and call witnesses to question them in order to prove their case.
5. Negotiation and Settlement
The majority of cases are settled short of trial. Settlements are quicker and generally prevent court delays.
6. Trial
When negotiations break down, a judge or jury delivers a verdict based on evidence.
Role of Kansas City Motorcycle Accident Lawyer
Attorneys guide victims through complex legal practice proceedings. They:
- Thoroughly investigate into the accident
- Gather witness testimony and expert proof
- Negotiate with insurers
- Prepare cases for trial
Low settlements are offered by insurance companies. Lawyers assist riders to receive reasonable compensation.
Compensation Recoverable by Riders
Injured victims are awarded economic and non-economic damages.
Economic damages:
- Hospital bills
- Lost income
- Rehab or therapy charges
- Motorcycle damage
Non-economic damages:
- Pain and suffering
- Emotional trauma
- Loss of enjoyment of life
Punitive damages punish negligent drivers in some cases, e.g., drunk drivers.
Deadlines for Filing in Missouri
Missouri gives five years to sue for injury victims. Missing the deadline typically means losing your right to sue. Act quickly to obtain proof and secure your claim.
Insurance and Motorcycles Accidents
Insurance will try to claim, but corporations will refuse reasonable compensation. Scams often are:
- Blaming the rider for speeding
- Refusing the rider was injured before the accident
- Settling low
When the insurers refuse to pay when the rider is alone, lawsuits are the only option to regain losses. A reasonable reimbursement can be enforced by a court of law.
General Defenses to Riders
negligent drivers can employ the following defenses:
- The rider was speeding
- The rider had violated traffic rules
- The rider had no helmet
Missouri does not mandate helmets for insured riders 26 years and older. Not wearing a helmet, though, will impact recovery for injury under certain situations.
Preparation for Trial
Few are tried, but preparation makes all the difference. Foster Wallace Personal Injury Lawyers present evidence, medical reports, and expert witnesses‘ testimony. Riders can testify to describe pain, loss of time, and alteration of lifestyle.
Settlement vs Trial Verdicts
Most victims settle out. Settling is faster and less tense than suing. Suing is slower but pays more if evidence is overwhelming against the claim. Each claim differs.
Kansas City Motorcycle Crash Statistics
- Motorcyclists are 28 times more likely to be killed than car drivers.
- Turn crash is the most common type of crash.
- Most victims are under 35 years old.
- Drinking and motorcycling is the major cause of alcohol-related motorcycle accidents.
The above facts show the danger riders expose themselves to on city roads every day.
What Motorcyclists Can Learn and Do if a Crash Happens
- Call 911 immediately for emergency care.
- Photograph accidents, vehicles, and injuries.
- Obtain names and phone numbers of witnesses.
- Do not destroy work documents and hospital documents.
- Call a lawyer immediately.
Swift action preserves evidence and makes the case stronger.
FAQs regarding Kansas City Motorcycle Crash Lawsuits
- What does it cost to bring a motorcycle wreck case?
It varies with medical costs, lost wages, and severity of injury. Every case is different.
- How long do Missouri cases typically last?
Settlements take months. Trials are one to two years.
- Can I sue if I was not wearing a helmet?
Yes. Suits are allowed under Missouri law, although damages might be limited in some cases.
- Should I sue for a motorcycle accident?
Yes. A lawyer increases the chances of reasonable compensation and protects your rights.
- What if the other driver is not insured?
You will be able to recover under your own policy for uninsured drivers. Lawyers can help.
