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Our Missouri Motorcycle Accident Lawyer Weighs in on How to Handle Hit-and-Run Accidents
In Kansas City, motorcycle accidents can have serious consequences. But when the responsible party flees the scene, the situation becomes even more challenging for those involved. When someone hits your motorcycle, the motorist is generally responsible for the damages you sustain. Recouping damages from someone who leaves the scene of an accident can be an uphill battle.
Thankfully, the Kansas City motorcycle accident attorneys at Foster Wallace, LLC are ready to help fight for the compensation you deserve. With their guidance, you can pursue justice and recover from the financial and emotional toll of the accident.
Steps to Take After a Hit-and-Run Motorcycle Accident
Recovering compensation for a hit-and-run incident can be challenging, so taking immediate action is crucial. The first step is to contact the authorities. Documenting the scene with photos and videos and preserving any debris can aid law enforcement in their investigation.
Even if you feel fine initially, it's essential to undergo a medical evaluation as soon as possible. Some injuries may not be immediately apparent but could worsen over time. Keep thorough records of all medical treatments, expenses, and any other losses resulting from the accident.
This documentation will be crucial for establishing the extent of your damages in any claims or lawsuits. Our experienced team of Missouri motorcycle accident lawyers can manage these details, allowing you to prioritize your healing journey without added stress.
Pursuing Compensation From Negligent Drivers
Should the driver be identified, legal action can be pursued for both physical injuries and property damage. Demonstrating negligence and its direct link to your injuries and damages is critical to a successful case.
Compiling evidence to support your Missouri hit-and-run claim is essential in demonstrating negligence. This evidence may include police reports, witness statements, medical records, photographs of the accident scene, and expert testimony if necessary. A Kansas City motorcycle accident attorney can help gather and analyze this evidence to build a strong case on your behalf.
Seeking Damages From the Insurance Company
If the negligent driver cannot be identified, motorcycle accident victims may file a claim under their uninsured driver insurance policy. In accordance with Missouri law, insurance policies mandate the inclusion of uninsured motorist insurance.
The minimum coverage entails compensation of up to $25,000 for injuries sustained by the insured due to an uninsured motorist. In cases where multiple individuals are injured in the insured vehicle, the coverage extends to $50,000. Alternatively, policyholders can select higher payout limits through various insurance plans.
Recouping Financial Losses Associated with Your Motorcycle Crash
The financial impact of a motorcycle accident can extend far beyond immediate medical expenses and property damage. The following damages may be recovered from the insurance company - under your uninsured driver insurance policy or in a civil case against the at-fault driver if one is located:
Medical Expenses
Document all medical expenses incurred as a result of the accident, including emergency room visits, hospital stays, surgeries, doctor's appointments, medications, rehabilitation, and therapy. Keep records of bills, receipts, and any correspondence with health care providers.
Lost Income
If your injuries prevent you from working, you may be entitled to compensation for lost wages. Keep track of the days you miss work due to the accident and any income you've lost as a result. This includes wages, bonuses, overtime pay, and other forms of income you would have earned if not for the accident.
Future Earning Capacity
In cases of severe injuries that result in long-term or permanent disability, you may be able to recover damages for the impact on your future earning capacity. This compensation considers your reduced ability to work and earn income in the future due to your injuries.
Property Damage
Document the damage to your motorcycle and any other property involved in the accident. Keep records of repair estimates, invoices, and receipts for repairs or replacement parts. You may be entitled to reimbursement for the cost of repairing or replacing your motorcycle and other damaged property.
Other Financial Losses
Consider any other financial losses you've experienced due to the accident, such as out-of-pocket expenses for home care or assistance with daily tasks or the cost of hiring help for household chores or childcare during your recovery.
Connecting Your Injuries Back to the Accident
Proving your injuries to insurance companies after a hit and run can be challenging. They often want solid evidence before agreeing to pay what you deserve. Keep detailed medical records and get notes from your doctor about your injuries and any long-term effects. And remember, it's best not to share details of your injuries on social media, as insurers might use it against you.
You can also claim financial damages for things like lost wages or job loss caused by your injuries. There may even be some non-economic damages to recoup. Since insurance companies might try to minimize payouts, having a Kansas City hit-and-run lawyer on your side can help protect your rights.
To show that the hit-and-run caused your injuries, gather evidence like photos and videos of the accident scene, written accounts of what happened, and statements from witnesses. This evidence, along with your medical records, helps prove your case.
Reach Maximum Medical Improvement Before Settling
Insurance companies are often eager to write checks to accident victims before they have fully recovered from their injuries. It's important to wait until your injuries have stabilized before accepting any settlement offers from insurance companies. This ensures that you understand the full extent of your injuries and their long-term effects. By reaching Maximum Medical Improvement (MMI) before settling, you can accurately assess your medical expenses and other damages, like lost wages and pain and suffering. Consulting with a Kansas City accident lawyer can help you make informed decisions about when it's the right time to settle.
Missouri’s Comparative Fault Laws
In Missouri, even if you're partly to blame for the accident, you could still be entitled to compensation under comparative fault laws. So, if the insurance company tries to shift blame onto you, having strong evidence and legal representation can help ensure you get the compensation you deserve. These comparative fault laws aim to ensure fairness in compensation, but legal guidance is necessary to protect your rights effectively.
Missouri's comparative fault laws operate under a modified comparative negligence system, which means your compensation may be reduced based on your degree of fault for the accident. If you are found to be less than 50% responsible for the accident, you can still recover damages, but your percentage of fault will proportionally reduce the amount you receive. However, if you are deemed to be 50% or more at fault, you may be barred from recovering any compensation. That’s why it’s so important to consult with a Missouri motorcycle crash attorney – they can help you understand your role in the crash and whether you’re eligible for compensation.
The Impact of a Kansas City Motorcycle Accident Attorney
Hiring a Kansas City motorcycle accident attorney after a hit-and-run incident is vital. Their expertise and dedication make them invaluable advocates for victims seeking justice and fair compensation.
The legal team at Foster Wallace, LLC deeply understands Missouri's legal landscape, including its comparative fault laws and insurance regulations. They leverage this knowledge to build robust cases on behalf of their clients, ensuring that every avenue for compensation is explored thoroughly.
From gathering compelling evidence to negotiating with insurance companies and representing clients in court, our Kansas City motorcycle accident lawyers are steadfast in their commitment to securing favorable outcomes for their clients.
In the face of the complex and challenging circumstances that follow a hit-and-run accident, having a skilled legal ally by your side can provide reassurance and support. With a Kansas City motorcycle accident attorney from Foster Wallace, LLC, you can confidently navigate the road to recovery.
