If you suffered injuries in a motorcycle accident caused by a reckless driver, you deserve to hold the at-fault party liable for their actions. The St. Charles personal injury attorneys at OnderLaw, LLC can help you do that.
Our team will work hard to advocate for your rights and fight for the justice you deserve. We have a lengthy record of securing successful settlements and verdicts for our clients, and we’ll work tirelessly and effectively to get you the compensation you need to cover your medical costs, your lost wages, and the pain you endured.
When you hire OnderLaw, LLC, we will be by your side every step of the way. We care about our clients and will treat you like family. We strongly believe in giving each client the personalized attention they need. What’s more, it’s an approach that works. Since opening our firm in 2002, we have recovered over $3 billion for accident victims in St. Charles and the surrounding areas in Missouri.
To find out more about us and our legal services, call (314) 963-9000 to schedule a free consultation with one of our St. Charles motorcycle accident attorneys.
Common Causes of Motorcycle Accidents
Riding a motorcycle comes with great risk. If a car, truck, or another motorcycle crashes into you, you don’t have the protection that a car would offer you. You don’t have a seatbelt or airbag. You could easily get ejected from the bike and suffer severe injuries.
More often than not, motorcycle accidents happen because someone isn’t operating their vehicle safely. Whether another driver is texting behind the wheel or driving too fast, many factors could lead to a crash. The most common include:
- Opening a car door in the path of an oncoming motorcyclist
- Failing to yield the right of way
- Misjudging distance of bike while turning left
- Driving under the influence of alcohol or drugs
- Failing to check blind spots before changing lanes or merging
Drivers often fail to take appropriate precautions when driving near motorcyclists. They may fail to check for other vehicles before switching lanes, and some people don’t even know when to yield the right of way to motorcyclists. As a motorcyclist, it’s crucial that you remain diligent at all times. Unfortunately, however, even the most careful riders can find themselves in an accident.
Holding the At-Fault Driver Liable for Their Actions
When another driver causes your accident, you can seek compensation from the at-fault party through an insurance claim. The fault system in Missouri automatically places financial responsibility on the person that causes an accident. If you sustained injuries, their insurance company should cover your medical bills and other associated costs.
When you file a claim, you can pursue a settlement for your total damages. Damages include all expenses and intangible losses resulting from an accident, such as:
- Medical treatment
- Pain and suffering
- Property damage
- Emotional distress
- Lost wages
- Out of pocket expenses
- Loss of enjoyment of life
Economic damages refer to losses you can calculate. Non-economic damages, on the other hand, don’t come with a specific monetary value. When an insurance adjuster is reviewing your claim, they might use some of the factors below to determine the right number for your settlement:
- Available insurance coverage from the at-fault driver
- Type and severity of the injury
- Length of recovery
- Type of necessary medical treatment
- Total lost wages from inability to return to work
- Permanent disability or impairment resulting from the injury
- Effect of the accident on quality of life and daily routine
- The total value of economic damages
- Relevant evidence proving someone else was at fault
OnderLaw, LLC knows the tactics insurance companies use when negotiating a settlement. We won’t let them take advantage of you during your case. We will fight hard and aggressively pursue the maximum financial compensation available. If they refuse to settle for a fair amount, we have the experience and resources to file a lawsuit and battle against them in court.
How to Handle an Uninsured Driver
If you find out the liable driver doesn’t have auto insurance, don’t give up on your legal case. There might be another option for recovering a financial award. Uninsured motorist (UM) is another form of coverage you should have on your own insurance policy. It covers some of the accident victim’s damages if the at-fault party doesn’t have insurance.
When you file a UM claim, you can seek the following:
- Medical bills
- Pain and suffering
- Out of pocket expenses
- Property damage
- Lost wages
UM is also useful in situations where the liable driver does have insurance, but their coverage isn’t high enough to compensate for your total damages. Your St. Charles motorcycle accident attorney will review all available insurance policies to determine how much coverage there is and work to get you the maximum amount.
OnderLaw, LLC Will Handle Every Step of Your Motorcycle Accident Case
Insurance companies can be intimidating. They typically try to settle claims for as little money as possible, or they deny them altogether. Injury claims and lawsuits are complex procedures, and most people don’t know how to navigate them. When you hire one of our St. Charles motorcycle accident attorneys, we will take on all of the legal responsibilities, so you can focus on your medical treatment.
We will investigate the accident and obtain evidence that proves someone else was responsible for causing your injuries, such as:
- Crash scene evidence
- Eyewitness statements
- Police report
- Video surveillance
- Vehicle damage reports
- Medical records and bills
- Auto insurance policies
The circumstances surrounding your case will help inform whether we file an injury claim or lawsuit. Sometimes, we’ll be able to use the evidence in your case to secure the full settlement amount from the insurance company. Other times, the insurance company may fail to offer a reasonable settlement, or they may deny your claim altogether, and we’ll decide to go to court. Either way, we will use every resource at our disposal to win. You should not have to pay out of pocket for any of your damages.
Filing a Civil Lawsuit in Missouri
If you want to sue the other driver for causing your motorcycle accident, you must adhere to a strict deadline known as a statute of limitations. The statute of limitations in Missouri is five years. That means you have five years from the accident date to file a lawsuit, or you’ll lose your right to sue for compensation.
There are, however, exceptions to this rule. You might be able to pause or stop the clock in one of the two following situations:
- The at-fault party leaves the state before you can file suit. Upon their return, the clock will start again, and their absence won’t count towards the five-year statute.
- You were mentally incapacitated or a minor at the time of the accident. The clock would pause until you turn 21 years old or become mentally competent.
Many accident cases use negligence as a legal basis. Negligence is when someone acts or fails to act in a certain way that violates their duty to prevent injury to someone else. To prove negligence, you must show the following elements existed at the time of the crash:
- Duty: The at-fault party owed you a duty of care to act or not act in a way that prevented you from harm;
- Breach of duty: They breached their duty;
- Cause in fact: If it wasn’t for their breach, you wouldn’t have gotten hurt;
- Proximate cause: Their action or inaction was the direct cause of your injury; and
- Damages: You incurred damages.
Besides pursuing economic and non-economic damages, you also might be able to seek punitive damages. A jury will only award them if you can provide clear and convincing evidence that the other driver acted with total disregard for the safety of others or intentionally caused you harm without just cause.
Why Choose OnderLaw, LLC?
Our St. Charles motorcycle accident attorneys provide dependable representation to clients throughout Missouri. We know how important it is to hire someone you can trust. When accident victims come to us, we always take the time to get to know them to create a personalized plan that reaches their legal goals. We will not treat you like a number in a long list of clients. We will give you the one-on-one attention you deserve until the conclusion of your case.
We have received recognition and awards from many prestigious legal organizations. Martindale-Hubbell rates firms on their legal abilities and ethical standards. OnderLaw, LLC received the highest possible AV® Preeminent rating. We have also been recognized by the Million Dollar Advocates Forum, Super Lawyers, and The National Trial Lawyers Top 100 Trial Lawyers.
We know the financial strain a motorcycle accident can cause. We want to ensure our firm provides affordable legal services, so you don’t have to worry about additional costs. That’s why our St. Charles motorcycle accident attorneys take cases on contingency. That means there are no upfront fees or costs. We won’t expect payment of our legal fees unless we win compensation. If we lose your case, you won’t have to pay.
At OnderLaw, LLC, we have the experience, knowledge, and skills to take on any case, big or small. We will help you stand up to the other driver and hold them accountable. Your injuries were the result of another person’s recklessness. They should be the one to pay for your resulting expenses. Call us today at (314) 963-9000 for a free consultation if you were the victim of a motorcycle accident in St. Charles.