Were you struck by a driver who failed to see you on your motorcycle or violated your right-of-way rights? Unfortunately, collisions involving motorcyclists are common, and these incidents can leave riders like you facing consequences from actions that weren’t your fault.
Recovering from a motorcycle crash can be physically painful and emotionally draining, not to mention legally confusing and financially overwhelming. However, we want to remind you that you are not alone in this. A motorcycle accident lawyer in Olathe can help.
At Foster Wallace Personal Injury Lawyers, our attorneys have a track record of recovering more than $1 billion in compensation for our clients. Our skilled and experienced team is ready to represent you as your Olathe personal injury lawyer.
Common Causes of Motorcycle Accidents in Olathe
Motorcycle collisions can be caused by a wide array of factors. While rider error is not always out of the question, a lot of these crashes involve another driver who failed to either see the rider or yield to them in time, resulting in an accident.
More specifically, here are examples of common causes of motorcycle-related incidents in the area:
- Left-turn accidents: A very common scenario that results in motorcycle-related crashes is when a passenger vehicle makes a left turn in front of an oncoming motorcycle. This typically happens at intersections or when turning onto side streets. Motorcycles are smaller and harder to see, which contributes to this problem.
- Lane changes: Drivers often fail to check blind spots or signal their intentions before they merge into lanes that motorcyclists occupy. Highways like I-35 and K-10 see a large number of these incidents due to the combination of high speeds and congestion levels.
- Distracted driving: Using cellphones, operating GPS systems, and getting distracted by other in-car features while behind the wheel can increase the likelihood that a driver will overlook a motorcycle on the road.
- Failure to yield: This is particularly common when crossing through intersections, arriving at stop signs, or entering highways. In circumstances like these, drivers might underestimate the speed of a motorcycle or fail to spot it altogether.
- Speeding and aggressive driving: Speeding, tailgating, and engaging in other aggressive behaviors on the road are especially dangerous when directed toward vulnerable road users like motorcyclists.
- Driving under the influence: Alcohol and drug impairment can hinder a driver’s ability to react appropriately to motorcycles when they come across them in traffic.
- Hazardous road conditions: Loose gravel, unmarked potholes, uneven pavement, and flying debris pose a much greater threat to motorcycles than they do to cars. Local roads that are under construction or have been poorly maintained can be particularly risky.
Comparative Fault in Kansas Motorcycle Accidents
Kansas follows a modified comparative fault system with a 50% bar rule. This means that an injured party can recover damages only if they are found to be less than 50% at fault for the accident.
If a rider is declared to be 50% or more at fault, they are barred from recovering any damages. If a motorcyclist is partially at fault but still under 50%, their total recovery is reduced by their percentage of fault.
Factors that might lead to shared fault include the following:
- Speeding at the time of the collision
- Lane-splitting, which is not legal in Kansas
- Failing to use lights or signals
- Deciding not to wear protective gear
Also, comparative fault can affect the outcome of a motorcycle accident case. You don’t have to worry about this, though. Trust that your motorcycle accident lawyers in Olathe will consider this on your behalf.
Contact our Kansas city personal injury lawyers now.
Statute of Limitations for Motorcycle Accident Claims in Kansas
As outlined in Kansas Statutes § 60-513, the state has a two-year statute of limitations for personal injury claims, including those arising from motorcycle accidents. This means that you must take legal action within two years of the day the crash took place.
If a claim is not filed within this period, it is likely to be dismissed. That said, there are a few exceptions that may either toll or extend this statute of limitations. For example, if the injured party is a minor at the time of the crash, the two-year clock begins when they turn 18 years old.
Meanwhile, in cases involving government vehicles or public property, shorter notice deadlines may apply under the Kansas Tort Claims Act. Last but not least, for property damage related to motorcycles, the statute of limitations is three years from the date of the accident.
Contact Our Motorcycle Accident Lawyers in Olathe for More Information About the Legal Process Today
If you or someone close to you was injured after getting into a motorcycle-related crash, the impact can be life-changing. Not only is the aftermath of a collision often intense and stressful, but the justice system can also be scary and overwhelming.
However, the sooner you reach out to the seasoned team at Foster Wallace, the sooner you can connect with Olathe motorcycle accident lawyers who know how to handle your case. We understand how devastating these incidents can be, and we’re ready to help you.
You can count on us to pursue full accountability and strive for a favorable outcome in your case. We believe you deserve fair compensation, and that’s what we’re here for, so call us today. There’s no need to wait another day to take the first step toward justice.
