It's possible that many people don't completely understand the nuances of Missouri's motorcycle rules. Similar to the prohibitions against dog bites, Missouri has its own motorcycle operating laws, some of which may startle even the most seasoned riders. Let's dissect some of these fascinating statutes with the assistance of Foster Wallace, LLC, a Kansas City, Missouri, law firm that focuses on personal injury matters.
Some choose to wear a helmet, while others are required to wear eye protection
The helmet requirement is perhaps Missouri's most unexpected motorcycle law. Contrary to popular belief, not all motorcycle riders are required by law to wear a helmet. A law allowing motorcycle riders over 26 to ride without a helmet as long as they have health insurance was passed in Missouri in 2020. However, new licensees who have not held a license for at least two years are exempt from this regulation.
There's a twist, though. Missouri law still mandates that all motorcyclists wear eye protection, even if they opt not to wear a helmet, unless the bike has a windscreen.
The 'Sudden Emergency Doctrine': A Misunderstood Concept
Many people think that a driver who was responding to an unexpected, sudden event may not have been at fault in an accident. This "Sudden Emergency Doctrine" is real, although it's frequently misinterpreted. If the situation was brought on by the driver's carelessness, such as failing to see a motorcycle rider, it doesn't apply.
Who is responsible if a guest passenger gets hurt?
Uncommonly understood, Missouri law holds the motorcycle's owner or operator accountable if a passenger suffers harm. If the owner or operator fails to ensure the passenger's safety, they may be held accountable.
What Concerns Insurance?
Whether there are assets or insurance to recover from the at-fault person in motorcycle accident cases is a substantial hurdle, similar to dog bite cases. If a rider doesn't wear a helmet, their insurance may not be enough to pay for their medical expenses, especially if they suffer major head injuries. Additionally, it's critical to remember that your insurance provider isn't always on your side. They might make a prompt, significant offer, but it might not totally make up for your losses.
Whenever to Advance a Claim
Similar to dog bite or slip and fall cases, many victims think it's pointless to file a claim, especially if they contributed to the incident in any way. This assertion is false. Due to Missouri's comparative fault law, you may still be able to receive compensation for some of your damages even if you shared some of the blame for the collision. It is essential to speak with a knowledgeable motorcycle accident lawyer to understand your options and rights.