Motorists who drive while fatigued are dangerous and, unfortunately, they’re all too common. The National Highway Traffic Safety Administration estimates that there were 91,000 reported crashes involving tired drivers in 2017, which resulted in approximately 50,000 injuries and 800 deaths.
When someone feels tired and drives anyway, they put everyone around them in danger, especially unprotected drivers like motorcyclists. If you suffered a motorcycle accident injury because someone was driving while fatigued, contact OnderLaw, LLC to help you seek justice. You’re entitled to compensation for the expenses and losses you incurred.
A motorcycle crash caused by a tired driver can occur at any time of day. Most happen in the early morning or late at night. When an individual operates a vehicle feeling fatigued or drowsy, they risk falling asleep at the wheel. Their reaction time is slower, and they have impaired judgment. If they’re too tired to pay attention to what’s going on around them, they might not notice a motorcycle in their blind spot. You could suffer a life-threatening injury from the initial impact of the crash or an ejection from your bike.
Our award-winning motorcycle accident attorneys at OnderLaw, LLC can help you recover the compensation you need for your injuries. We know you’re facing mounting medical bills, and may be dealing with lost wages, lost quality of life, as well as pain and suffering. Call us at (314) 963-9000 to schedule a free consultation to discuss your motorcycle accident caused by a tired driver.
The Dangers of Driving While Tired
Many people drive when they’re feeling tired. Lack of sleep due to busy schedules can impede motorists from operating a vehicle safely. Driving while tired is similar to drunk driving. It’s difficult to make the right choices and react to dangerous situations. The following behaviors often result in injury or fatality to motorcyclists:
- Failure to obey traffic signs
- Running a red light or stop sign
- Drifting into the next lane
- Failure to check blind spots
- Reduced reaction time
- Inattention or distraction
- Difficulty keeping eyes open
Motorcycle Accident Laws in Missouri
Some laws in Missouri dictate an injured victim’s rights after a motorcycle crash. If a tired driver crashes into you and you get hurt, you can pursue a claim with their insurance company. The fault system automatically entitles accident victims to financial compensation from the negligent driver’s liability insurance.
It’s a legal requirement for motorists to carry liability auto insurance with minimum bodily injury and property damage limits. The coverage listed on the at-fault driver’s policy will determine the maximum settlement you’re allowed to pursue. If they don’t carry insurance, you can file a claim with your UM insurance carrier. Uninsured motorist coverage will provide a motorcyclist with compensation if the person who caused the accident doesn’t hold auto insurance.
The pure comparative negligence rule may limit the maximum settlement available to a motorcycle crash victim. If you got hurt because the other driver was tired, but you were also doing something negligent, you could end up with a reduced settlement. As an example, let’s say you suffered $100,000 in damages, and the at-fault driver was 80% to blame for the crash. If you were 20% at fault for texting while driving, the maximum amount of money you could receive is $80,000.
Damages in a Motorcycle Accident Claim
You’re entitled to specific damages when you file an insurance claim. Damages are all the losses you incurred from the motorcycle accident. If the other motorist was driving while tired, you deserve compensation for your damages.
Missouri law allows accident victims to pursue damages such as:
- Medical costs
- Prescription medications
- Motorcycle repairs
- Lost wages
- Loss of earning capacity
- Pain and suffering
- Mental anguish
- Physical impairment, disfigurement or disability
When the insurance adjuster or a jury in a lawsuit is reviewing your damages, they might consider the following factors to determine how much money you deserve:
- The extent of your injuries
- Duration of medically necessary treatment
- Invasiveness of surgery or procedures
- Impact on your relationship with family members
- Inability to return to work
- Sufficient evidence collected during the investigation
- Motorcycle repair bills
- Insurance coverage available
- Long-term disability or physical limitations due to the injury
Punitive damages are another option if you decide to file a lawsuit against the tired driver. Instead of compensating you for your losses, punitive damages are a punishment issued to the negligent party. It’s supposed to provide a monetary consequence and prevent them from the same careless actions in the future.
Although difficult to pursue, punitive damages could potentially cover your total expenses. You’ll need adequate evidence that the other motorist was driving while tired, and their behavior led to your injuries.
Why Hiring OnderLaw, LLC Can Maximize Your Compensation
Investigating a motorcycle accident is tedious and time-consuming. Whether you decide to file an insurance claim or a lawsuit, you’ll face a complicated legal process. Gathering evidence is difficult, and if you don’t know where to look, you’ll likely end up with compensation much lower than you deserve.
OnderLaw, LLC has endless resources to obtain crucial evidence and hold negligent parties responsible. When you hire us, we’ll begin a thorough investigation into the crash and collect the following:
- Statements from eyewitnesses
- Police reports
- Your medical records and bills
- Repair estimates and invoices for your damages motorcycle
- Video surveillance of the accident
- Photos from the crash site
- Copies of all insurance policies
- Pictures of your visible injuries
- Affidavits from friends and family who witnessed the impact of your injuries on your daily life
- Lost wage reports from employers and job descriptions showing how the injury prevents you from maintaining employment
- Documentation of any permanent injury or disability
- Evidence of the driver’s impairment due to fatigue, such as gas station receipts or toll receipts
Once we find all the evidence we need, we can file an insurance claim on your behalf. We’ll complete all the necessary forms and submit what we find to the insurance company. When the time comes, we can negotiate a settlement we believe is fair for the damages you incurred. Our goal is to ensure the compensation you receive will cover your expenses and make up for the suffering you had to endure.
What Should I Do If I Can’t Afford a Lawyer?
If you’re thinking about pursuing your motorcycle accident case alone, you should reconsider that decision. Choosing to forego legal representation could result in a low settlement amount or denied insurance claim. Insurance companies don’t care about accident victims. They want to save money whenever possible and will take advantage of you if you didn’t hire a lawyer.
OnderLaw, LLC will protect your rights and ensure the insurance company treats you fairly. We understand the laws and statutes dictating motorcycle accident cases. When you hire us, we’ll work efficiently and diligently to maximize your claim, so you win the highest financial award possible. We won’t allow the insurance company to intimidate you into settling your case for minimal compensation.
We know the importance of finding a law firm that keeps your interests in mind. Our attorneys take cases on contingency so you won’t have an additional financial burden to worry about. There are no upfront legal fees you’ll need to pay us for legal representation. We don’t take a fee unless we recover compensation. If we don’t win, you won’t have to pay us.
We’ve received recognition for our dedication to motorcycle accident victims throughout St. Louis and Missouri. We hold an AV® Preeminent rating from Martindale-Hubbell, a peer review rating given to a small percentage of law firms.
We also belong to prestigious legal organizations, such as the Million Dollar Advocates Forum, Super Lawyers, and the National Trial Lawyers Top 100 Trial Lawyers. Along with receiving awards for our excellent work ethic and dedication to our clients, news outlets also covered our firm’s efforts in pursuing difficult cases. Missouri Lawyers Weekly, the St. Louis Business Journal, and Nightline featured stories of the lawsuits we won.
We have a passion for advocating for our clients and ensuring they get justice for their injuries. We’re committed to our community and often contribute to local and national charities. We support organizations, such as:
- Parents for Window Blind Safety
- St. Louis Ovarian Cancer Awareness
- Lupus Foundation of America
- Toys for Tots
Speak to an Experienced Motorcycle Accident Attorney Today
If you sustained an injury in a motorcycle accident due to another party driving while tired, let OnderLaw, LLC help you fight for your rights. You shouldn’t pay for the poor decisions someone else made. We want you to recover from your injuries and move forward with your life as soon as possible.
When you hire us, we’ll handle every step of the legal process while you undergo necessary medical treatment. We know you’re in pain and under a great deal of stress. It’s overwhelming when a motorcycle crash leaves you unable to work or support your family. We want to help you seek justice against the negligent driver and ensure they provide you with the financial means to relieve your burden.
Our St. Louis motorcycle accident attorneys provide a free consultation for all prospective clients. You won’t have to pay us a fee to discuss your case and receive legal advice. We’ll review the details of your motorcycle accident and determine the available options for pursuing compensation.
If you or a loved one was the victim of a motorcycle accident caused by a tired driver, call us at (314) 963-9000 to find out about our legal services and how we will help you get back on your feet.