As a motorcyclist, you understand the dangers that other drivers and motorists can pose to you on the road. Even if you do everything right as a rider, someone else acting irresponsibly could have devastating and potentially life-altering repercussions. Unfortunately, filing a lawsuit against someone who causes an accident and injuries can be much more challenging than you might expect, but it is also likely the only way you will receive the compensation you need to move forward with your life.

Insurance companies are not on your side. If you have been involved in a motorcycle crash that was not your fault, you may have been contacted by the liable person’s insurance company. Their job is to settle your claim as quickly and cheaply as possible. When they talk to you, they will seem friendly, helpful, and even as if they care about you. Do not be fooled. They know you probably don’t know all of your rights.

That’s where we come in.

We can help you improve your odds. The skilled Webster Groves motorcycle accident lawyers at OnderLaw will be both on your side and by your side throughout your case. Our experienced personal injury attorneys know how to fight—and win—on behalf of people like you who are dealing with serious injuries.

Liability for a Motorbiking Wreck

Like in most personal injury claims, holding someone legally accountable for the effects of a motorcycle accident requires proving that they were negligent in some way. Our skilled Webster Groves attorneys will establish the following facts for the motorcycle crash in question:

  • The person who harmed you had a duty to act responsibly and carefully to minimize the risk of others getting hurt (this is a given for all claims involving motor vehicle drivers as defendants).
  • They did something careless, reckless, and/or illegal that constituted a breach of their duty, like violating a traffic law or driving while distracted.
  • The defendant’s breach was the primary and direct cause of your accident, which in turn was the primary and direct cause of at least one physical injury you suffered that required professional medical attention.
  • Everything you are asking for in your lawsuit or settlement demand stems directly from losses you sustained in the accident.

Partial Liability by the Motorcyclist

Motorcyclists are often accused of being partially liable for their own accident-related injuries based on the assumption that they were reckless or careless. Any percentage of total fault assigned by a court to an injured motorcyclist will be held against them and deducted from the compensation they are awarded.

If you stand up for your rights, it is likely that you will be accused by the insurance company or other defendants of being at least partially at fault. Our motorcycle accident attorneys in Webster Groves have a long history of effectively fighting these types of allegations.

Insurance companies and other liable parties count on the fact that they can entice or bully you into accepting less than you deserve. We level the playing field and hold them fully accountable.

Getting Paid for Motorcycling Damages

If you can prove that someone else is 100 percent at fault for causing a motorcycle crash, you can demand full restitution for every loss stemming from the accident. This includes past and future economic and non-economic losses such as:

  • All medical expenses for accident-related injuries
  • Motorcycle replacement/repair costs, plus other property damage, if applicable
  • Lost work wages/salary, as well as lost future working ability
  • Lost enjoyment of life
  • Physical and psychological suffering

As per Missouri Revised Statutes § 510.261, a court may impose additional punitive damages against a defendant as punishment for their actions. As a knowledgeable motorcycle wreck lawyer could explain, these damages are rare. They would only be awarded if the motorcycle accident involved “deliberate and flagrant disregard” for the victim’s safety and/or intentionally malicious conduct.

Let a Webster Groves Motorcycle Accident Attorney Support You

Even if you only suffer minor injuries and some property damage, being involved in a motorcycle wreck can be a terrifying experience. If a recent motorcycle crash left you with severe and life-changing losses, taking prompt and proactive legal action could be essential to preserving your best interests and well-being.

Seek legal representation from a dedicated Webster Groves motorcycle accident lawyer at OnderLaw, who will stand by your side at every step of your claim.

These types of claims have specific filing deadlines under state law, so time is of the essence. We take extraordinary pride in helping motorcyclists to take back their lives when they have been seriously injured in a crash.

Get started today! Call OnderLaw. We can help.

Webster Groves Motorcycle Accident FAQs

What are some common causes of motorcycle accidents?

Motorcycle accidents can happen for several reasons, but most commonly occur because of automobile driver negligence, user error, or unsafe road conditions. Careless drivers can overlook motorcycles on the road, causing them to collide with the bikes or cut them off, forcing motorcyclists to make dangerous changes in direction.

Bikers should also stay alert of their surroundings, the weather, and road hazards. You should also make sure the size and weight of your motorcycle are appropriate for your skill level and always use caution on the road.

What steps should I take immediately after a motorcycle accident to protect my rights?

Following a motorcycle accident, it’s critical to limit what and how much you say to the other driver, the police, or the insurance companies. Unfortunately, even your own insurance company won’t be as on your side as you may think; their goal is to save money, even if that means not providing you with the support you deserve. Avoid saying anything that could be misconstrued as admitting fault or taking blame for something you didn’t do.

Prioritize your health and well-being by getting any medical treatment you might need. When you can, document as many details as possible about the circumstances of the accident, the aftermath, and any medical treatment or vehicle repairs you need.

You can also consult one of our trusted attorneys at OnderLaw for guidance. We can explain your options, help you understand the laws that apply to your case, and—if you decide to move forward with a personal injury claim—we can build your case and represent you in court so that your rights stay protected.

How do I know if I have a valid motorcycle accident claim?

A key component of an accident claim is damage. If you were involved in a traffic altercation—like having to stop suddenly because a texting driver cut you off—but did not sustain any personal injuries or harm to your motorcycle, you probably don’t have a valid claim for compensation.

In any case, a reliable motorcycle accident lawyer at OnderLaw can help you understand the merits of your potential claim. We will help you make a realistic and informed decision about how you would like to move forward.

Is there a time limit to file a motorcycle accident claim?

Under Mo. Rev. Stat. § 516.120, Missouri has a five-year statute of limitations for personal injury claims. That means you have five years from the date of the accident to file your lawsuit, or else the court will not allow your case to move forward. There are only a few specific exceptions to this time limit, so it’s important to file as soon as possible.

Can I still file a claim if I was partially at fault for a motorcycle accident?

Yes, you can still file a claim if you think you may have been partially at fault for your accident. Missouri applies comparative negligence to personal injury cases. If the defendant accuses you of contributing to the collision, the judge or jury may assign a percentage of fault to each of you. If they find that you were partially responsible, the amount of compensation you collect will be decreased but not canceled. So, if they determine that you are 30 percent at fault, you will receive 70 percent of the compensation awarded to you.

If you have any other questions that you would like to ask or if you are ready to get started on your motorcycle accident claim, contact one of the knowledgeable and trustworthy lawyers at OnderLaw today to schedule a free consultation.