Did you get hurt in a motorcycle accident because another person was driving drunk? Do you need medical treatment for your injuries? If so, you should contact a lawyer from OnderLaw, LLC.
Our attorneys help motorcycle accident victims in St. Louis and throughout Missouri get the financial compensation necessary to cover their expenses and losses, such as medical costs, lost wages, and pain and suffering.
You shouldn’t have to suffer the consequences of someone else’s careless actions. Driving drunk is entirely negligent and dangerous. When someone is under the influence of alcohol and gets behind the wheel of a car, they put everyone around them at risk of physical harm.
OnderLaw, LLC will advocate for your rights and fight for the justice you deserve. We believe in holding individuals responsible for their reckless and dangerous behavior. Call us today at (314) 963-9000 and schedule a free consultation to discuss your case.
How an Attorney Can Help You After a Motorcycle Accident Caused by a Drunk Driver
When you’re trying to recover after a motorcycle crash, you probably don’t want to handle an insurance claim. Submitting forms and arguing with the insurance company is stressful. Insurance companies will often try to take advantage of accident victims by intimidating them into accepting a low settlement offer. We’ll ensure you receive the maximum compensation you deserve and handle the entire legal process for you.
When you hire OnderLaw, LLC, we will:
- Investigate the accident and determine who caused it
- Get statements from eyewitnesses to the crash
- Request copies of your medical records
- Obtain the police report for the investigating officer’s account of who was to blame
- Request reports of the other driver’s condition at the time of the accident, such as their BAC (blood alcohol concentration) and toxicology results
- Locate video surveillance footage showing events before and during the accident
- Take photos of the crash site
While your case is ongoing, we’ll keep you updated on the status. You should focus only on treating your injuries. We’ll deal with the complicated procedures and work efficiently to resolve your case so you can move forward with your life. We know this is a traumatic experience, and we want to ensure you don’t feel the burden of going through this alone.
You Deserve Full Compensation After a Motorcycle Accident
If you were the victim of a drunk driving motorcycle accident, you likely sustained severe injuries. When a motorcycle and car collide, the person on the motorcycle usually suffers more. They have minimal protection from outside elements and flying debris. Not only could you get hurt from the initial impact, you could also suffer additional harm if you get ejected from the bike or slide across the pavement.
We want to help you win the maximum financial award available to cover your damages. Damages are any losses incurred by an injured individual after an accident. If the other person was negligent in driving drunk, you could file a claim with their liability auto insurance or pursue a lawsuit.
The common damages you might be entitled to include:
- Medical expenses
- Lost wages
- Pain and suffering
- Emotional or psychological distress
- Loss of future earning capacity
- Property damage
- Motorcycle repairs
When a jury or insurance company is reviewing the details of your accident, various factors could affect the amount of money you receive, such as:
- The type and extent of your injury
- How much medical treatment you need
- Information on the police report
- Statements made by you, the other driver, and witnesses
- Your lifestyle after the crash
- Impact of your injury on your ability to work
- Effects of the accident on relationships with your family
- BAC of the other driver
- Any resulting impairment or disability due to your injury
- Coverage available on insurance policies
Statute of Limitations on a Drunk Driving Lawsuit
When you get hurt in a drunk driving motorcycle accident, there’s a strict deadline you must adhere to, known as a statute of limitations. The statute of limitations in Missouri is five years. That means you only have five years from the date of your injury to seek legal action against the drunk driver. If five years pass and you didn’t file a lawsuit, you’ll lose your right to compensation in the civil court system.
Five years might seem like plenty of time to prepare for a lawsuit, but there are some things to consider. Most people will also file an insurance claim for additional compensation. Claims could take years, and if you haven’t thought about filing your lawsuit, you could run out of time.
As soon as the drunk driving crash occurs, you should start the legal process. Hire OnderLaw, LLC so we can launch an investigation and begin to gather evidence. We’ll make sure we follow the deadlines, so your case doesn’t get dismissed.
Motorcycle Accidents Result in Severe Injuries
Most motorcycle crashes cause life-threatening and debilitating injuries. It’s possible to walk away with some scratches and minor physical harm, but most of the time, the injuries are severe. Some are even fatal.
Motorcycles don’t provide seatbelts or airbags like cars and trucks. You also don’t have a metal structure surrounding you to protect you from debris and the impact of the crash. When you get hit by a car, you could get thrown and land on your head or suffer road rash from sliding along the ground.
The most common injuries motorcycle accident victims experience includes:
- Road rash or burns
- Broken bones
- Traumatic brain injury
- Loss of limb
- Deep lacerations and wounds
- Spinal cord injuries or paralysis
Missouri Fault and Negligence Laws
Missouri follows two rules that are crucial for motorcycle accident victims. When you sustain an injury, you should know about these rules to ensure you pursue the maximum compensation available from the drunk driver.
The fault system determines who becomes financially responsible for an injured party’s damages. If the drunk driver was responsible for the crash, you could file an insurance claim with their liability auto insurance for compensation.
Pure Comparative Negligence Rule
The pure comparative negligence rule reduces the maximum compensation you’re entitled to, based on the percentage of blame you share. If you incurred $100,000 in damages but were 20% at fault for the crash, you’re only allowed to pursue a maximum of $80,000 in damages.
Elements of Negligence
Proving negligence is necessary in any accident case. Five major elements of negligence must exist at the time of the drunk driving motorcycle accident to establish liability:
- Duty: The drunk driver owed you a reasonable duty of care to act or not act in a way that prevents you from harm;
- Breach of duty: They breached their duty of care;
- Cause in fact: The drunk driver’s actions were the direct cause of your injury;
- Proximate cause: The at-fault motorist should have known that driving drunk would cause an accident; and
- Damages: You incurred damages as a result of your injury.
What Damages Are Available in a Claim?
If you choose to pursue compensation from an insurance claim, you can pursue various compensatory damages. Compensatory damages fall under two main categories: economic and non-economic.
Economic damages are actual expenses resulting from an accident and injury, such as:
- Medical bills
- Lost wages and lost future earnings
- Property damage
- Motorcycle repair or replacement
Non-economic damages are intangible losses that are harder to calculate, such as:
- Permanent disability or physical impairment
- Emotional distress
- Mental anguish
- Pain and suffering
If you want to file a lawsuit against the drunk driver for a financial award, you could receive punitive damages. Instead of compensating you for your losses, punitive damages punish the negligent party for their actions and aim to deter similar behavior in the future.
Since non-economic damages don’t come with a billing statement or invoice, it’s up to an insurance adjuster or jury to determine how much money you deserve. They will look at different factors and review available evidence to come up with a fair value. Some of the factors that could contribute to your compensation for non-economic damages include:
- The type of injury you sustained and how severe it is
- Duration of medical treatment
- Total economic damages incurred
- Wages you couldn’t earn because your injury prevented you from working
- Impact of the accident on your daily routine
- If the injury caused a disability or impairment
OnderLaw, LLC Fees and Costs
Our attorneys take motorcycle accident cases on contingency. A contingency fee agreement is a contract between a lawyer and client wherein the lawyer agrees not to take a legal fee unless they recover financial compensation. You won’t have to pay us any upfront fees or costs, and if we lose your case, you won’t owe us any money.
We also provide an initial free consultation. You can meet with us to discuss the details of your case and receive legal advice. We’ll review the information you provide and let you know the options available for pursuing compensation from the drunk driver.
Let OnderLaw, LLC Help You Seek Justice
At OnderLaw, LLC, our St. Louis motorcycle accident attorneys understand the devastating effects of a motorcycle accident. If a drunk driver caused your injuries, you shouldn’t pay for your expenses. We’ll help you hold them accountable for their actions and fight for the compensation you deserve.
If you were the victim of a motorcycle accident caused by someone driving drunk, call us at (314) 963-9000 today to set up a free case review. We’ll discuss the legal services we provide and help you recover from your injuries.