Motorcyclists accept a certain level of risk due to the lack of protections a motorbike offers to bikers. However, this does not account for the event that a inattentive driver strikes a motorcyclist with their vehicle.
As these impacts can have grave results, injured bikers are advised to speak with a compassionate injury attorney as soon as possible. By contacting a St. Louis motorcycle accident lawyer, injured motorcyclists can put themselves in a better position for a successful damages claim.
Motorcyclists are especially vulnerable to severe injuries after being involved in road accidents due to their high level of exposure on a motorbike. Bikers who are involved in a collision often suffer catastrophic harm, including:
A dedicated attorney from the area could determine from the circumstances of a motorcycle wreck how much compensation a claimant could potentially recover.
Under Missouri Statutes Section 302.020, all motorcyclists riding on any highway must carry valid licenses noting they passed the state’s exam proving their knowledge on operating motorcycles. Additionally, no licensed motorcyclist can lend their license or bike to an unlicensed person, or they will face penalties.
Missouri has traditionally required motorcyclists to wear helmets as proven protection from some head injuries. However, in August 2020, a revised law went into effect to allow riders who are at least 26 years old to whether to wear a helmet. Motorcyclists who opt out of wearing helmets must carry health insurance. Any rider operating a motorcycle on a restricted license, no matter how old, must wear a helmet.
One of the first things a lawyer in St. Louis may ask a motorcyclist involved in an accident is whether they were wearing appropriate safety gear. This is because Missouri follows a pure comparative negligence doctrine, in which negligence is apportioned as a shared percentage between all parties involved.
Financial awards will be reduced by the percentage the plaintiff is at fault. For instance, a $100,000 damage award will be reduced to $60,000 if the defendant is found to be 60 percent responsible for the harm and the plaintiff 40 percent. Failure to wear appropriate safety gear, such as a motorcycle helmet, could be used to proportion fault onto the injured biker.
Motorcyclists injured in road accidents must prove that the other party caused the wreck, or they will not be able to recover financial compensation from that party. Negligence is based on four factors: duty, breach, causation, and damages.
Everyone sharing the road has a duty to act reasonably towards others on that road, whether they are driving, biking, walking, or riding a motorcycle. That duty is breached when a motorist acts recklessly or carelessly, causing an accident that harms someone else on the road. If a driver was speeding, distracted, or under the influence of alcohol at the time of their collision with a motorcyclist, a local attorney could likely hold them liable for the resulting losses.
Motorcycle collisions often result in devastating physical and emotional trauma. This can also result in substantial financial burdens from medical bills and missed time from work.
If a negligent motorist injured you in a crash, a motorcycle accident lawyer could deal with insurance companies and the court process so you can focus on your physical recovery. Call us now to discuss your case.