If a motorcycle accident in Missouri or Illinois severely injured you or a loved one, The Dixon Injury Firm is ready to help you. The first thing to do after the accident (if you have not done so already) is seek proper medical attention. Follow all of your doctor’s orders, attend follow-up appointments, and take all prescribed medications.
Do not speak to the other person/party’s insurance provider or any adjusters from the insurance company. Instead, reach out to one of our St. Louis motorcycle accident lawyers who can help you understand your legal options and begin immediately working to protect your rights.
In our years in practice, our St. Louis personal injury attorneys have successfully recovered more than $50 million on behalf of injured individuals and the surviving family members of those wrongfully killed throughout Missouri. We understand the unique challenges you are facing, and we want to help you fight for the full compensation you are owed.
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Motorcycle accident claims are similar to typical car accident cases in that an injured motorcyclist can hold a negligent motorist (or another third party) liable for their damages. Many motorcycle crashes occur when negligent drivers fail to see riders in their blind spots or misunderstand yielding requirements. Drivers often mistakenly assume that riders have fewer rights than passenger vehicle operators. They may expect motorcyclists to consistently yield the right of way, change lanes, or otherwise pull over.
Sometimes, aggressive drivers are unwilling to share the road, tailgate, or harass riders for doing nothing more than asserting their roadway rights. Missouri defines motorcycles as motor vehicles (Mo. Rev. Stat. § 300.010(15)) and grants riders the same roadway rights as cars and trucks. Illinois law does the same. Drivers cannot reduce their liability for causing serious motorcycle accident injuries by claiming ignorance of rider’s rights.
Missouri requires passenger vehicle owners to carry at least $25, 000 in bodily injury liability insurance. Commercial vehicles, including semi-trucks and buses, must carry between $750, 000 and $5, 000, 000 in minimum injury coverage. Illinois has similar insurance rules.
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Injured riders may demand damages from liable insurers following motorcycle crashes. This generally requires filing claims with your personal insurer, who might contact the liability insurer on your behalf, or connecting directly with the liable insurance company. However, bodily injury insurance adjusters have mastered the art of shifting blame from negligent drivers to riders by convincing claimants they share responsibility for their injuries.
St. Louis motorcycle accident lawyers do not recommend contacting the liable carrier directly following crashes, especially if you suffered from serious personal injuries.
Motorcycle accident attorneys in St. Louis can file insurance claims on your behalf without any upfront or out-of-pocket costs. You have the right to have an attorney on the line when providing testimony, and lawyers can object to irrelevant questions regarding safety equipment and prior accidents. Lawyers generally file the initial claim and submit initial police reports, medical records, and witness testimony to insurers. They may follow up with formal settlement demand letters setting forth your damage calculations. Most motorcycle accident claims settle with liable insurers within applicable policy limits, but sometimes this isn’t enough to compensate riders for their losses.
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Many riders in St. Louis maintain uninsured and underinsured motorcycle insurance policies. This coverage kicks in if the liable driver was unlawfully uninsured, fled the scene of the crash (hit and run), or the policy cannot sufficiently compensate you for your losses. Motorcycle accident attorneys in St. Louis often settle motorcycle crash claims with liable insurers by recovering the policy, i.e., $25, 000, and then demanding the overages from your personal coverage.
This may provide claimants with needed additional damages, but coverage isn’t automatic. Your insurance company may also challenge liability to protect itself from high-value payouts. If you suffered injuries in a hit and run and need to rely on uninsured motorist coverage, speak with a motorcycle accident attorney.
Many insurers strongly contest accident liability and refuse to offer injured riders fair settlements. They may unlawfully blame the severity of your injuries on your choice to ride instead of drive. In such cases, motorcycle accident lawyers generally file personal injury litigation. This process involves suing negligent parties, including the negligent driver, vehicle owner, and/or employer if the driver was working when the crash occurred.
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Attorneys may demand summary judgment to establish accident liability or pressure insurers into offering fair settlements. Some cases may require personal injury trials, but this is risky for defendants. Juries may award injured riders all requested personal injury damages, including compensation for pain and suffering, regardless of insurance policy limits. Many claims settle after attorneys file personal injury litigation.
Motorcycle crash litigation in St. Louis generally involves negligence or products liability claims. These causes of action, called torts, alleged that one or more individuals or entities’ carelessness caused the accident and resulted in injuries. The vast majority of motorcycle accident cases involve negligence claims, but riders may demand punitive damages in gross negligence cases if the driver acted with extreme disregard for the life and safety of others (drunk driving or drag racing claims).
Under our state’s comparative negligence laws, you do not need to prove that the other party was entirely at fault for the accident. In fact, because the state follows
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At fault for the accident—only that they played some role in causing the accident that left you injured. If a court or law enforcement officer finds you to be partially at fault for the accident, your at-fault percentage will reduce your total recovery. For example, if a jury decides that you were 40 percent to blame for the crash and your total recovery would be $10, 000, you will only be able to actually receive up to 60 percent of that amount, or $6, 000.
Products liability lawsuits allege that malfunctioning motorcycle equipment, such as brakes or helmets, failed to function as marketed. These claims might involve manufacturing defects, like impurities in the materials resulting in sudden failures or improper product designs. Products liability claims generally settle with the liable designer, manufacturer, or commercial seller. Some motorcycle accident claims involve driver negligence, which caused the crash, and products liability claims for safety equipment failures resulting in exacerbated injuries. Injured riders might recover financial damages from negligent corporations and drivers in such cases.
Motorcycle crashes often result in serious personal injuries exceeding the maximum value of most traditional auto insurance policies. In these cases, negligent drivers rarely have the personal funds to cover their medical bills and lost wages. Claims involving insufficient insurance—including hit and runs—insolvent estates after driver fatalities or negligent driver bankruptcy might qualify victims for damages from the Missouri Tort Victims Compensation Fund. This fund acts as a last resort for injured riders, and it generally provides additional damages for approximately 75 percent of eligible claimants. Don’t give up on your right to recover just compensation following St. Louis motorcycle crashes, as multiple avenues of coverage may exist.
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The National Highway Traffic Safety Administration (NHTSA) data consistently over-represents motorcyclists in terms of traffic-related fatalities. In one recent year, for example, the NHTSA reports that 4, 985 motorcycle riders in the United States died as a result of accident-related injuries. Although this represents a minor decrease in total motorcyclist deaths from the previous year, the number of deaths is still shockingly high.
Although motorcyclists in St. Louis and across the state tend to get a bad reputation, with many people mistakenly believing them to be reckless drivers, another driver’s negligence most often causes a majority of motorcycle accidents. In fact, the CDC reports that distracted driving—particularly cell phone use and eating—is the leading cause of motor vehicle crashes and deaths in the United States. Riders cannot generally eat or use their cell phones while operating motorcycles because they’re constantly required to focus on vehicle operation. As such, they’re less likely to violate driver distraction laws.
These and other causes of motorcycle accidents can have devastating consequences, leading to severe injuries and, in the most tragic of cases, death. Experienced St. Louis motorcycle accident lawyers might help injured riders and their families recover accelerated personal injury settlements or judgments by alleging negligence per se. This legal principle allows courts to assume the driver was negligent if evidence shows he/she violated local traffic and safety laws.
Lawyer For Motorcycle Accident Missouri
If a motorcycle accident injured or killed you or a loved one, turn to The Dixon Injury Firm for personalized, compassionate legal representation. Since 2009, our firm serves as a voice for the injured throughout St. Louis; we have what it takes to effectively advocate for you every step of the way.
Our firm offers contingency fees, meaning you do not owe any attorneys’ fees unless/until we recover compensation for you. We also provide free initial consultations, so there is no risk in speaking to one of our attorneys about what happened to you and learning how we can help.
An experienced motorcycle accident lawyer in St. Louis, like those at The Dixon Injury Firm, will understand the many unique challenges you face. Your attorney will protect your rights and that the insurance company does not take advantage of you.
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