There is nothing better than being out on the open-road driving or riding on a motorcycle. Many motorcyclists, it is more than a hobby and it is a way of life. Motorcycles are exhilarating to ride but also fail to offer the same level of protection compared to vans, cars, or trucks. Thus, when motorcycle accidents occur, the motorcyclist will likely be significantly injured or may have even been killed. We have seen too many of our clients who were minding their business and being a cautious motorcycle rider suffer devastating injuries, including:
- Broken bones or fractures
- Neck Injuries
- Skin Abrasions
- Traumatic brain damage
- Spine injuries
- Emotional trauma
These injuries are caused from a negligent driver who was not paying attention and ran into our motorcycle driving client. When this happens, victims have the right to seek compensation from the other driver who caused their suffering.
Because they may have only been wearing protective headgear while riding their motorcycle, motorcyclists are more vulnerable to devastating injuries and fatalities than people injured while driving their SUV, car, or truck. According to the National Highway Traffic Safety Administration, the number of motorcyclists killed in crashes actually dropped to 4,985 in 2018, which was almost a 5% decrease, but motorcyclists are still overrepresented in traffic fatalities.
Common Causes of Wrecks Between Motorcycles & Other Vehicles
- Intoxicated Driving - In 2016, motorcycle riders involved in fatal crashes were found to have the highest percentage of alcohol-impaired drivers than any other vehicle type
- Lane changes - lane sharing is a legal practice in both Kansas and Missouri – allowing for two motorcycles to ride in one lane
- Sudden Stops
- Reckless driving – Other vehicles violate a motorcycle rider’s right-of-way in more than 2/3 of motorcycle accidents
- Intersections – More than 70% of accidents between motorcycles and other drivers occur at intersections
- Potholes, loose gravel, sand, debris
Determining Motorcycle Accident Liability
Determining liability for a motorcycle accident can be complex, especially if multiple parties are involved. Many of the same factors used to prove that a car wreck was not your fault will be used in your motorcycle case to prove the other driver is liable for your injuries. In Missouri and Kansas, you will need to prove the other driver owed you a duty of care; the other driver breached the standard of care; the other driver’s negligence directly led to your injuries; and you (the motorcyclist) suffered harm as a result. Even if the motorcyclist was somewhat responsible for the wreck, he or she may still be able to recover for damages suffered in the wreck. If the wreck happened in Kansas, however, the other driver must be 51% or more at-fault for the wreck for the motorcyclist to recover. In Missouri, however, the motorcyclist can still recover even if he or she were more at-fault than the other driver. In both cases, the damages are decreased by the amount a jury determines that you were at-fault for the wreck.
Let Our Experienced Kansas City Motorcycle Accident Lawyers Help You
You need good representation on your side because insurance companies will hire claims adjusters and lawyers to attempt to pay the injured victim less than what they deserve. Our motorcycle accident lawyers have recovered millions of dollars on behalf of our clients. The personal injury attorneys at Foster Wallace LLC understand how tragic motorcycle wrecks can be on the victim and their family and are dedicated to helping the victims and their families understand their rights and move forward with their lives. For more information, or to discuss your concerns in more detail, please use our Contact Us Form or call us at 816.249.2101 today for a free consultation to discuss your specific case and learn more about how we can help.