Motorcycles offer freedom and excitement on the road, but accidents involving motorcycles can lead to devastating injuries and complicated legal battles. If you’ve been injured in a crash, you need an Independence personal injury lawyer on your side to fight for full compensation in your case.
At Foster Wallace Personal Injury Lawyers, Your Injury is Our Fight. With over 45 years of combined experience, our team has the knowledge and dedication to take on the toughest cases and deliver results.
We know Missouri law. We know how insurance companies operate. And most importantly, we know how to fight for motorcyclists and their families. Contact us today to find out how our motorcycle accident lawyers in Independence can help you.
Why You Need a Motorcycle Accident Lawyer
Motorcycle accidents often result in severe injuries due to the lack of protection riders have compared to occupants of other vehicles. Medical bills, lost wages, and pain and suffering can quickly overwhelm victims and their families. A skilled motorcycle accident lawyer can help by:
- Investigating the Accident: Gathering evidence, including police reports, witness statements, and video footage, to determine fault
- Dealing With Insurance Companies: Negotiating with insurers who may try to minimize your claim or shift blame onto you
- Proving Negligence: Establishing that the other party’s actions, such as distracted or reckless driving, caused the accident
- Maximizing Compensation: Ensuring you receive the full amount you’re entitled to for medical expenses, lost income, and non-economic damages like pain and emotional trauma
Motorcycle Accidents Are Different and Require a Specific Legal Approach
Unlike car accidents, motorcycle crashes often result in more serious injuries due to the lack of protective barriers. These accidents are also more likely to involve disputes about fault, especially since many drivers falsely claim they “didn’t see” the motorcyclist.
That’s why hiring an attorney who understands the nuances of motorcycle accident law is essential. Our Independence motorcycle accident attorneys don’t just treat your case like another personal injury file.
We recognize that motorcycle accident claims require a different strategy, one that accounts for:
- Biases against motorcyclists
- Severe injuries with long-term medical needs
- Helmet laws and liability considerations
- The need to reconstruct accident scenes from limited evidence.
Common Insurance Company Tactics After a Motorcycle Accident
Dealing with insurance companies after a motorcycle accident can be frustrating and overwhelming. While their goal is to protect their bottom line, their tactics often work against accident victims who are simply trying to recover fair compensation.
Here are some common strategies insurance companies use and how an Independence motorcycle accident lawyer can protect you:
Offering Lowball Settlements
Insurance companies often make quick settlement offers, hoping victims will accept before realizing the full extent of their injuries or damages. These initial offers are almost always far below what you truly deserve.
How We Help: At Foster Wallace, we evaluate your case thoroughly and negotiate aggressively to ensure you receive fair compensation for all your losses.
Shifting Blame Onto the Rider
Motorcyclists are sometimes unfairly stereotyped as reckless or dangerous drivers, and insurance companies may exploit this bias to claim you were at fault for the accident.
How We Help: We gather evidence, such as police reports, accident reconstructions, and witness testimony, to prove that the other party was at fault.
Downplaying Injuries
Insurance adjusters may argue that your injuries aren’t as severe as you claim or that they were pre-existing. This tactic is designed to reduce the payout or deny your claim entirely.
How We Help: We work with medical experts and use detailed documentation to demonstrate the extent of your injuries and the impact they’ve had on your life.
Delaying the Claims Process
Insurance companies may drag out the claims process, hoping you’ll become frustrated and accept a lower settlement just to get it over with.
How We Help: We ensure that your case moves forward efficiently, holding the insurance company accountable and keeping them from stalling.
Using Recorded Statements Against You
Adjusters often ask for recorded statements, which can be twisted or taken out of context to weaken your claim.
How We Help: We handle all communication with the insurance company, which means you won’t have to worry about saying something that could harm your case.
Contact our Kansas city personal injury lawyers now.
Common Causes of Motorcycle Accidents
Motorcycle crashes can happen anywhere, but certain local roads and intersections in Independence are more prone to serious accidents than others. Busy streets like Noland Road, U.S. Route 24, and I-70 see heavy traffic, and when visibility is poor or drivers are distracted, the risks for motorcyclists increase.
Some of the most common causes of motorcycle accidents in Independence include:
- Left–turn collisions: If a car turns left in front of a motorcycle, failing to yield the right-of-way, a crash can happen.
- Lane Changes: Drivers who fail to check blind spots can collide with motorcycles.
- Distracted Driving: Drivers looking at their phones or multitasking are less likely to notice motorcycles.
- Failure to Yield: Many drivers fail to yield the right of way, especially at intersections.
- Speeding or Reckless Driving: Excessive speed reduces reaction time and increases the severity of injuries.
- DUI: Driving under the influence of alcohol or drugs is dangerous and a leading cause of accidents.
- Road Hazards: Potholes, debris, or uneven pavement can be especially hazardous for motorcyclists.
No matter the cause, if another driver’s negligence led to your crash, you may be entitled to financial compensation for your injuries and losses.
Injuries Often Sustained in Motorcycle Crashes
The human body is not built to withstand the kind of trauma a motorcycle accident can cause. Even at low speeds, a crash can result in:
- Traumatic brain injuries (TBIs)
- Spinal cord injuries, including paralysis
- Severe road rash and skin infections
- Broken bones and fractures
- Internal bleeding or organ damage
- Psychological trauma, including PTSD
These injuries can require months or even years of recovery. Some victims are never able to return to the same quality of life they once enjoyed.
That’s why it’s so important to work with an Independence motorcycle injury lawyer who will fight to recover the full value of your case, not just a quick settlement that leaves you covering future expenses on your own.
What Compensation Can You Recover?
If you’ve been injured in a motorcycle accident in Independence, you may be eligible to recover compensation for a wide range of damages, including:
- Medical expenses (past, current, and future)
- Lost wages and loss of earning potential
- Pain and suffering
- Emotional distress
- Scarring or disfigurement
- Property damage to your motorcycle and gear
In cases involving extreme negligence, such as a drunk driver or a hit-and-run situation, punitive damages may also be awarded. They are designed to punish the wrongdoer and deter similar behavior in the future.
Missouri Motorcycle Laws That May Affect Your Case
Missouri laws can have a significant impact on your ability to recover fair compensation. Here are some examples:
- Helmet Law RSMo. 302.020(2): As of 2020, riders over 26 years old with health insurance may legally ride without a helmet. However, not wearing a helmet could still be used by the insurance company to downplay your injuries.
- Comparative Fault: Missouri follows a pure comparative fault rule. This means you can still recover damages even if you were partially at fault, but your percentage of fault will reduce your compensation.
- Statute of Limitations: In Missouri, you have five years from the date of the accident to file a personal injury claim. If a wrongful death is involved, the window shortens to three years.
Why Choose Foster Wallace for Your Motorcycle Accident Claim?
Foster Wallace is not your average personal injury firm. We are a boutique practice committed to providing personalized service and aggressive representation.
When you work with our team, you’re not handed off to a case manager or a paralegal. You work directly with experienced attorneys who are invested in the outcome of your case.
Here’s what sets us apart:
- Local Knowledge: We’re based in the Kansas City metro and understand the traffic patterns, insurance practices, and court systems in Independence and the surrounding areas.
- Trial Experience: Many firms push for fast settlements. While we work to resolve claims efficiently, we’re never afraid to go to trial if that’s what it takes to get you justice.
- Proven Results: We’ve recovered over $1 billion for injury victims, holding negligent parties accountable.
- Decades of Experience: With 45 years of combined experience, we know how to handle even the most complicated cases.
- Personalized Service: We treat every client like family, providing compassionate guidance and aggressive representation.
- Clear Communication: We believe in transparency and keeping you informed every step of the way.
- No Fee Unless We Win: We operate on a contingency fee basis, so you pay nothing unless we recover compensation for you.
What to Do After a Motorcycle Accident
If you’ve been involved in a motorcycle crash, here are the steps you should take to protect your health and your legal claim:
- Seek medical attention immediately, even if you feel fine. Some injuries take hours or days to show symptoms.
- Call the police and make sure a formal report is filed.
- Collect evidence, including photos of the scene, your motorcycle, road conditions, and injuries.
- Get witness contact information if anyone saw what happened.
- Avoid giving statements to the at-fault driver’s insurance company without legal advice.
- Contact a motorcycle accident lawyer as soon as possible to protect your rights.
Schedule a Free Consultation with an Independence Motorcycle Accident Lawyer Today
You’ve been through enough. Let the experienced legal team at Foster Wallace handle your motorcycle accident claim while you focus on recovering and getting your life back on track. We’ll investigate the crash, gather evidence, deal with insurance companies, and fight for maximum compensation.
We offer free consultations and are ready to speak with you today. Contact us now to schedule your case review with a trusted motorcycle accident attorney serving Independence, Missouri.