Motorcycle Accident Attorney in Kansas City, Missouri

When you ride on a motorcycle, you become especially vulnerable to the elements and other drivers. Being injured in a motorcycle accident can do even more damage than a standard car accident and can be an incredibly traumatic experience. 

If you’d like to know more about filing a motorcycle accident claim or a motorcycle wrongful death claim on behalf of a loved one, reach out to us at the Burgess Law Firm PC. Here, you can speak with a personal injury attorney who understands what you’re going through and will work tirelessly to help you seek the compensation you deserve. We’re located in Kansas City, Missouri, and represent clients throughout the Kansas City metropolitan area. 

Steps to Take After a Motorcycle Accident  

After any motor vehicle accident, there are certain steps you should follow to ensure your needs are met. However, in the case of a motorcycle accident, these are even more important since riders are more at risk of being injured.  

The first and most important step is to seek medical help immediately. This should be done even if you don’t feel like you’ve been injured. Injuries sustained from accidents like these can take days or even weeks to show up, and only a trained healthcare provider can adequately assess you. Additionally, if you don’t receive care, the insurance company may try to use this as evidence that you aren’t truly hurt. 

You’ll also want to collect and organize all relevant documents, including police reports, claims, medical reports and diagnoses, medical bills, photographs or videos of the scene of the accident, and the contact information of any witnesses. You’ll then want to contact your insurance provider and the provider of the other driver to start the claims process. A skilled motorcycle accident attorney can help you through the next steps of filing, documenting, and negotiating your settlement. 

Missouri Motorcycle Laws  

if you want to file a personal injury claim in Missouri, it will be necessary to prove that you were following all state laws. Missouri helmet laws require all drivers and passengers under the age of 26 to wear a helmet when riding a motorcycle. As a motorcycle driver, you are not allowed to carry a passenger unless your bike is specifically designed to carry more than one rider. Your bike must also have the required motorcycle equipment, such as two rear lights, one headlight, and a rear reflector. Lastly, while you may engage in lane splitting since there is no state law explicitly prohibiting it, you should always exercise extreme caution when doing so to ensure the safety of those around you.  

Determining Fault in Missouri  

Missouri is an “at-fault” state, meaning the driver who caused the accident is also responsible for paying any damages related to the accident. This will require you to prove negligence, which means presenting a well-investigated case with plenty of evidence that proves the other driver was responsible.  

However, Missouri also follows a comparative fault rule, which states that liability can be shared between two parties. If you are found to be partially responsible for your motorcycle accident, your compensation amount will be reduced by the percentage of fault you are assigned. For example, say the maximum amount of damages you would have received was $10,000. If you are found to be 40% responsible for your accident, that original amount will be reduced to $6,000. 

Filing a Claim for a Loved One  

Unfortunately, there will be scenarios when you’ll need to file a wrongful death claim on behalf of a spouse or family member who was in the motorcycle wreck. In Missouri, you have three years from the date of the accident to bring forth a wrongful death claim. These claims can be brought forth by a surviving spouse, child, or parent of the deceased. Importantly, a wrongful death claim is considered a civil claim and exists independently of any criminal actions that may be happening at the same time. These civil lawsuits can reimburse costs for the burial and funeral, medical bills, pain and suffering, lost wages and income from the deceased, or loss of consortium. And, although these claims can be extremely important for the emotional and financial well-being of the surviving family members, they do require a lot of time and evidence to be successful. You should always work with an experienced attorney when pursuing a wrongful death claim.