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Motorcycle crashes are common on Missouri roadways- and can often have significant consequences for those involved. Serious injuries and even fatalities can leave a motorcycle rider or their family with life-long hardship and pain.
In order to claim compensation for medical expenses, lost wages, pain and suffering, and other damages, a victim must first prove who is at fault. Pursuing a personal injury or wrongful death claim when motorcycle accidents happen is a complex journey, and determining liability is one of the first obstacles along the way.
How is Fault Determined in a Missouri Motorcycle Accident?
Missouri is a pure comparative negligence state, meaning people can claim compensation from other drivers or alternative at-fault parties even if they are partially responsible for the accident. Based on Missouri law, a claimant must prove that another party involved in the accident is in some way to blame- and to what extent.
Any compensation awarded is adjusted in line with the percentage of blame that lies with each party. Powell Law Firm can also assist with how to prove fault in a bicycle accident in Missouri.
Who Is at Fault in Motorcycle Accidents?
Who is at fault in a motorcycle accident depends on how and why the accident occurred. It could be another driver, the entity responsible for the upkeep of the road conditions, a vehicle manufacturer, or even the motorcycle riders themselves. Sometimes, more than one party can share the blame.
Some common causes of motorcycle accidents include:
Lane splitting: When motorcyclists drive between lanes of traffic and are hit as a result.
Impaired driving: When a motorcyclist or other vehicle driver is driving while distracted, under the influence of drugs or alcohol tired, or otherwise impaired.
Reckless or dangerous driving: Failing to adhere to traffic laws and follow the rules of the road.
Poor road conditions: Unsafe roads caused by a lack of maintenance.
Not checking blind spots: Drivers who don't check their blind spot and collide with a passing motorcyclist.
Faulty vehicles: When cars or motorcycles fail due to faulty mechanics.
The person or people at fault for the accident depends on who had a duty of care, who breached the duty of care by acting negligently in some way, and who caused an accident because of that negligence.
Remember, Missouri law considers comparative negligence, which means multiple people can be at fault. An example could be when a motorist who drives through traffic lights at red collides with a motorcyclist driving above the speed limit. Another common instance is when the motorcycle rider is considered partially to blame for the extent of their injuries because they were not wearing helmets or other safety gear- even if the accident was completely caused by someone else.
Why Is Proving Liability Important in a Motorcycle Accident Personal Injury Lawsuit?
A motorcycle accident can cause life-changing injuries that come with expensive medical bills, lost wages, loss of quality of life, and much more. The cost of medical treatment alone can be staggering, and victims should not have to face it without support.
Establishing fault is a crucial step toward securing compensation from the responsible party and their insurance company. Fail to do so, and they could deny the claim altogether. Victims must successfully prove that drivers of other vehicles or another party are at least partially to blame, and, therefore, liable for a percentage- if not all of the damages.
How to Prove Fault in a Motorcycle Accident in Missouri
Act quickly. The Missouri motorcycle accident statute of limitations is five years from the date of the incident (three years for fatal motorcycle accidents), meaning victims have that long to take legal action. That said, it is better to act as soon as possible while evidence and memory are fresh and there is less time for the waters to get muddied.
Gather evidence. The more proof a person has of the circumstances surrounding the accident, the better chance they have of succeeding in their claim. Obtain photos and video footage from the accident scene, get a copy of the police report, collect statements from witnesses and relevant experts, and gather as much information as possible about the other party or parties involved.
Hire an attorney. Proving fault can be complex- but is crucial for the success of a claim. Having an experienced Missouri accident lawyer fighting alongside the victim increases the likelihood of a favorable outcome and makes the legal process easier to manage.
What Happens Next?
Once a strong case is built- with substantial evidence to prove fault and support the claim- the next step is the begin negotiating a settlement with the at-fault party and their insurance company. It is the other driver's insurance company that will pay out any compensation agreed, but they may not always accept responsibility. If negotiations don't work, the final option is to take the case to court as a personal injury lawsuit. For more information, the best motorcycle accident attorneys in St Louis may be able to help.
Settlement Negotiations with the Insurance Company
Injured motorcycle riders begin their case with an insurance claim. In most motorcycle accidents, this is when the victims seek compensation from the other driver (who they believe is at fault) through their insurance adjusters. Negotiations aim to reach a fair compensation amount based on the evidence and damages to be paid to the victim.
Taking the Case to Trial
If a personal injury case goes to trial, a jury and judge decide whether or not there is enough evidence to determine fault and liability in the motorcycle crash. In accordance with Missouri law, the compensation amount will be adjusted based on comparative negligence. The decision at the end of the trial is final.
Why Hire a Missouri Motorcycle Accident Attorney?
It is important to understand the legal options and potential complications when determining fault. A professional motorcycle accident attorney can help victims navigate the laws and build a strong case. They can also ensure that all possible evidence is included and the maximum possible compensation amount is pursued. They can also answer with how to prove fault in a truck accident in Missouri.
Work with an Experienced Personal Injury Lawyer who Cares at Powell Law Firm
At Powell Law Firm, fighting for justice for motorcycle accident victims comes first. Proving fault is just part of the journey, and this elite team of legal experts supports every step of the way. If you have been involved in a motorcycle accident and need help, contact the team today to arrange a free consultation with a professional Missouri attorney with unrivaled expertise in motorcycle accident claims.
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