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Injured In A Motorcycle Accident In Kansas City? Know Your Legal Options

Motorcycle Accident

It takes only seconds for a motorcycle accident to alter your life. Few people grasp that fact better than motorcyclists, who face less protection than automobile drivers and truck drivers. When a motorcyclist is involved in an accident, it almost always ends with serious injury, costly medical bills, loss of wages, and stress and anxiety concerning their future. If you’ve been injured in a Kansas City motorcycle accident, you have rights. Your understanding of your rights as a victim will work to shield your health and your purse. This handbook explains to you what to do, how to deal with insurance companies, and when to call in the attorney.

Why Motorcycle Accidents Occur So Frequently

Bikes are not as visible and smaller. One is more likely to have a fatal accident with a small error on the part of the driver. Most common reasons for accidents are:

  • Drivers turning left and failing to yield.
  • Drivers running red lights or stop signs.
  • Texting or phone calls while driving.
  • Drunk or impaired drivers.
  • Poor road conditions, potholes, or loose rocks.
  • Driver changing lanes without checking the mirrors.

Most motorists admit that they “did not see” the motorcycle. Not a valid reason to be negligent. Motorists need to share the road and look for motorcyclists.

Types of Injuries After a Motorcycle Crash

Motorcycle crash injuries are generally more severe than car crash injuries. Even with protective clothing and a helmet, riders are seriously exposed. These are some common injuries:

  • Head trauma – concussions, skull fracture, or brain injury.
  • Broken bones – arms, legs, ribs, or collarbone.
  • Road rash – deep cuts to the skin from sliding on pavement.
  • Spinal cord injury – with possible paralysis.
  • Internal injuries – internal bleeding or organ damage that cannot be seen.
  • Psychological trauma – fear, anxiety, or stress due to the accident.

These accident injuries may take months to heal or become permanent disability. Victims may have to stay away from work for a long time.

What To Do Right Away If You’re Involved in a Motorcycle Accident

The initial few minutes following a collision are infuriating and hurtful. But what you do may affect your case down the road. Do these things if you are able:

  1. Call 911 right away. Report injuries and wait for emergency services.
  2. Move to a place of safety, but don’t leave the scene of the accident.
  3. Seek medical care, even if you are “fine.” Injuries may not be obvious.
  4. Make photos of the cars, road, and injuries.
  5. Obtain phone numbers and names of witnesses.
  6. Report the crash to the police and retain a copy.
  7. Do not apologize. Apologizing can be used against you, even when said lightly .
  8. Call an attorney prior to making a statement to insurance.

Taking these actions creates a solid foundation for your claim.

Handling Insurance Following a Crash

Insurance corporations always try to pay out as little as possible. Adjusters may be nice but their job is to keep profits to a minimum. They may:

  • Make you a fast settlement offer that is wonderful in sound but is inadequate.
  • Ask for recorded statements and doctor your statements into something else.
  • Wait for aggravation and allow your claim to expire.
  • Bulldoze you into signing papers you don’t even know what they say.

If you take it, you can’t then ask for more. Always have any proposal reviewed by an experienced Kansas City personal injury lawyer in advance.

How Fault Works in Kansas City Motorcycle Crashes

Kansas City is unique in that it sits atop two states: Missouri and Kansas. The laws are different between the two states.

  • Missouri: Follows “pure comparative fault.” You can recover 1% of damages if you are 99% responsible.
  • Kansas: “Modified comparative fault.” You can only recover if you were not 50% or more at fault.

Fault is usually established with good evidence, including:

  • Police accident reports.
  • Accident scene and vehicle photos.
  • Witness statements.
  • Dashcam or traffic camera footage.
  • Expert analysis of the accident.

An attorney may be able to help you obtain such evidence and assemble your case.

What Reimbursement Can Pay Back

Reimbursement is intended to help you recover financially and emotionally. You can recover for:

  • Previous and future medical costs.
  • Physical therapy and continued treatment.
  • Lost wages if you cannot work.
  • Loss of future earning capacity.
  • Pain and suffering.
  • Emotional distress.
  • Repair or replacement of your motorcycle.

Every case is different. The amount you can recover will be determined by the extent of your injuries, your fault in the accident, and the availability of insurance coverage.

The Services of a Motorcycle Accident Attorney

motorcyclists frequently inquire whether and when they should hire an attorney. A motorcycle accident attorney can help in the following way:

  • Investigating the scene of the accident.
  • Collecting and storing evidence.
  • Handing your insurance agencies.
  • Determining reasonable compensation for your losses.
  • Suing, if a settlement is not reasonable.
  • Representing you in court, if needed.

Most accident lawyers represent clients on a contingency fee basis. That is, you do not pay any fee initially. The lawyer only gets paid if you win your case.

Statute of Limitations for Missouri and Kansas

Motorcycle accident claims have strict time limits:

  • Missouri: You typically have five years from the crash date.
  • Kansas: You typically have two years from the crash date.

If you are late, your right to recover damages is forfeited. It is therefore essential to be on time.

Medical Treatment and Recovery After an Accident

Medical care is one of the biggest concerns of motorcyclists. There are some injuries that involve surgeries, extensive rehabilitation, or ongoing therapy. Bills are incurred notwithstanding health insurance. A claim in accordance with the law can cover:

  • Emergency room care.
  • Surgery and hospital stays.
  • Prescription medication.
  • Physical therapy.
  • Mental health therapy.

Keep everything: records, bills, and doctor’s notes. They’re solid evidence in your case.

Beginning the Journey to Justice

Your health is always a concern. But seeking justice protects your future. By filing, you can rid yourself of money worry, get fair treatment, and make the irresponsible driver take responsibility. A Kansas City motorcycle accident lawyer can walk you through it. They can negotiate a fair settlement while you recover.

FAQs

1. How long do I have to file a claim for a Kansas City motorcycle accident?

In Missouri, generally five years. In Kansas, generally two years. Time limits vary by case.

2. Do I have a right to recover damages if I was partially at fault?

Yes. Both states allow recovery. Your recovery can be reduced by your share of fault.

3. Do I accept the first offer of settlement from the insurance company?

No. First offers are usually low. Always have a lawyer review it first before you sign.

4. What if the car that hit me doesn’t have coverage?

You can utilize your uninsured motorist coverage. An attorney may also discuss other avenues of recovery.

5. How much will I need to pay to hire a motorcycle accident attorney?

Most work on a contingency fee basis. You pay absolutely nothing and only if you win your case.