Kansas City Motorcycle Accident Lawyers

You’re enjoying a nice ride when suddenly, you are blindsided by another vehicle — whether by merging into your lane unlawfully, opening a car door in front of your bike, or failing to stop in time. This is a terrifying experience for most motorcyclists and can cause a significant accident.

Motorcycle accidents can leave a rider with serious injuries and damages. If you were hit by another vehicle while on your bike, you may be able to recover compensation for the financial losses you have incurred.

How Are Motorcycle Accidents Different?

Although any type of motor vehicle accident can wreak havoc on the lives of its victims, motorcycle accidents can be significantly more devastating than others. Part of this is due to the sheer size of motorcycles as opposed to other vehicles: when a motorcycle gets hit by a much larger vehicle, it will likely absorb much of the impact, resulting in greater damage to the bike — and its rider — than the other vehicles involved.

As a result of that greater impact, motorcycle riders tend to suffer much greater injuries, than others on the road who might be in an accident. Motorcyclists lack the protective shell of a vehicle, along with safety features such as airbags and seat belts, which would serve to protect them better during a crash. Moreover, it is more difficult to maintain control over a motorcycle, making it more likely that a serious accident can result if the motorcyclist needs to slow or stop quickly.

How Common Are Kansas City Motorcycle Accidents?

Motorcycle accidents in and around Kansas City happen more often than they should, even though they may be a small percentage — less than 2% in most years — of the overall number of accidents throughout the state of Kansas. What’s more troubling is the percentage of motorcycle crashes that prove to be fatal, which is much higher than the fatality rate of single-vehicle crashes, and even higher than the fatality rate of trucking accidents.

Motorcycle Laws in Kansas

Kansas has various laws regarding motorcycles, and it is important that you are aware and knowledgeable about those laws while you ride. Persons under the age of 18 must wear a helmet while riding, and all motorcyclists must wear eye protection unless they have a requisite windscreen. Lane splitting is illegal in Kansas, and in general, the same laws of traffic apply to motorcycle riders as to all others on the road. In order to operate a motorcycle, you must have a valid license.

In addition to traffic laws and rules of the road, another important area of law that affects motorcycles is the law of negligence. Generally, negligence holds a party liable when they breach a duty of reasonable care, causing damages to the victim. For example, when a motorist drives recklessly or breaks traffic laws causing an accident that results in personal injuries. Proving negligence allows the victim to recover compensation for their injuries, holding the wrongdoer accountable for the damages they have caused.

Statute of Limitations on Motorcycle Accident Claims in Kansas City

The statute of limitations is the time period by which the claim must be filed. If you do not file in time, you risk being able to recover compensation for your injuries. Different statutes of limitations apply to various types of claims, and each state sets its own statutes of limitations. This means it is important that you know the timeline by which you must file your claim in your state.

In Kansas, for example, a motorcycle accident claim or other personal injury claim must be filed within two years from the date on which the accident or injury occurred. It is very important that you check with a knowledgeable attorney about when the statute of limitations will expire in your case and that you make sure your filings are handled properly before that date.

Recovering Compensation for Motorcycle Accident Victims

After your Kansas City motorcycle accident, you may be facing significant expenses, both for medical treatment and as a result of the accident’s overall impact on your work and life. If another person is at fault for the accident, you may be able to recover compensation for your damages, including:

• The costs of your medical imaging, testing, and treatments
• The costs of a hospital stay
• Doctor’s visits and specialist visits
• Prescription medication costs
• Expenses related to physical or occupational therapy, nursing, or rehabilitative care
• The costs of repairing or replacing your motorcycle or other personal property that was damaged
• Wages or income you have lost as a result of being unable to work after the accident
• Your pain and suffering, mental anguish, and emotional distress
• The loss of your ability to engage in activities that you can no longer do as a result of your accident
• The overall, general decline in your quality of life

How Much Is My Kansas City Motorcycle Accident Claim Worth?

Putting a true value on your motorcycle accident claim can be very difficult. Each case is different based on the unique facts and circumstances that caused the accident and the ways the law applies to those facts. There are various factors that will be considered when valuing your claim and assessing your damages, including:

• How the accident occurred
• The strength of your evidence
• The specific facts regarding liability
• The applicable laws
• The fault of each party and ways they may have contributed to the accident
• The full value of your damages
• The willingness of the other party and their insurance company to negotiate

It is important that you understand the factors that go into valuing your damages so that you may request compensation for the full value of your claim and negotiate for a fair and reasonable settlement offer. Consult with an experienced Kansas City motorcycle crash lawyer, who will be able to accurately assess the full value of your damages.

What If the Other Driver and Insurance Company Are Blaming Me?

Typically, to recover compensation after a motorcycle accident, you will need to prove that the other party or driver was negligent: that means proving that the party’s breach of the duty of care directly caused your injuries. You will need to prove both liability (the other party’s fault) and damages (the losses you have incurred as a result of the accident.)

If the other driver and their insurance company are blaming you for the accident, you may still be able to recover compensation for your injuries. The legal concept of comparative negligence, which has long been used in Kansas, among many other states, allows a party to recover damages even if they were partially at fault for the accident. So, for example, if the other driver slammed into your motorcycle as a result of speeding, but if you were also partially at fault for veering into their lane slightly, you might still be able to recover. Your total damages will be reduced by the amount of fault liability that is attached to your conduct.

Of course, it can be difficult to verify the extent to which each party is liable for an accident. This task is generally left up to the jury, and during the settlement negotiation stage it will be heavily discussed by the parties and their insurance companies. Because issues of liability and damages are so complex, it can be invaluable to consult with an attorney who is knowledgeable about them and experienced with motorcycle accident claims. They will be able to help you focus on the facts that establish liability by the other party and gather important evidence to prove that the other side’s conduct was the cause of your motorcycle accident.

What to Do After a Motorcycle Accident

After a Kansas City motorcycle accident, it is imperative that you focus on your recovery and also protect your legal rights. First and foremost, make sure you get checked out by a medical professional as soon as possible after the accident for any personal injuries, and seek out the medical care you need to feel better. Keep track of all of your expenses, whether doctor or specialist visits, hospital stays, therapy, or rehabilitative care.

Also, gather relevant evidence that will help prove your claim. Take pictures of the accident scene, the damage to your bike or any other personal property, and the full extent of your injuries. Ask witnesses to record or write down their statements of what they observed, and also record your own account of the accident as soon as possible. Make necessary reports to the police, and keep all correspondence from the authorities, the other party, and the insurance companies involved.

After an accident, you should seriously consider hiring an experienced and knowledgeable Kansas City lawyer. At our firm, we understand the serious, sometimes catastrophic impact of a motorcycle accident on you and your loved ones. We will thoroughly investigate the facts of your case, research the laws involved, and work with you to preserve relevant evidence in order to strengthen your claim.

We will communicate with the other party and their insurance company, negotiating with them toward a fair and reasonable resolution. And, if a settlement is not possible, we will present your case in court, fighting on your behalf toward a favorable verdict.

Contact Bretz Injury Law for Help with Your Motorcycle Accident Claim

A Kansas City motorcycle accident can wreak havoc on your life, leaving you with serious injuries and resulting financial damages. Having a knowledgeable, experienced attorney by your side to help with your motorcycle accident case can make all the difference.

In fact, according to a study by the Insurance Institute, people who hire an attorney to represent them receive two-and-a-half to three times higher settlements than those who do not seek legal assistance. Our attorneys have a reputation for seeking a fair and reasonable resolution on behalf of our clients, and we are known for fighting on behalf of our clients in court where a settlement is not possible.

Throughout the process, we will be there for you every step of the way. We strive to remain accessible to our clients and attentive to their unique needs. Our compassionate team can answer your questions and address your concerns 24 hours a day, seven days a week. We provide free initial consultations and work on a contingency basis, meaning you do not owe any out-of-pocket expenses when you work with our firm. Our attorneys are only paid if you are. Contact us today to schedule your free consultation.