Kimberly J. Benjamin, Founder & Managing Attorney
January 18. 2022.
Our Kansas City Motorcycle Accident Lawyer Is Ready to Assist
Motorcycle accidents can be among the most devastating when it comes to traffic accidents. Accidents usually result in serious injuries that may wreak serious havoc on personal lives and family finances.
Motorcycle accidents often result in lost wages, enormous medical expenses, severe injuries, pain, and suffering for those involved. As such, victims have a right to compensation for the negligent action of unsafe drivers.
If you, a friend, or a family member has been involved in a motorcycle accident in the Kansas City area and suffered injuries, you should seek to hire a motorcycle accident lawyer to establish a solid attorney-client relationship.
At the Missouri DWI & Criminal Law Center, we believe that you, as an accident victim, should be trying to get better rather than dealing with questions about liability, phone calls from insurance companies, and being frustrated about medical bills.
We have worked on many motorcycle crash cases and helped countless injury victims in Kansas City, MO get the compensation they deserve. We may just be able to help you fight for or negotiate with insurance companies to get you the damages to take care of any injury or damage to property that has occurred
What Damages Can You Recover?
Under Missouri law, you can seek fair compensation for damages sustained due to the actions of careless drivers. You can typically recover non-economic and economic damages for any losses incurred, which may include:
- Property damage to your bike
- Medical bills that may include current and future medical expenses
- Personal injuries that may include mental anguish, disfigurement, emotional distress, pain and suffering, and loss of enjoyment of life
- Lost wages due to time you have to spend not working
- Lost or reduced earning capacity due to impairment or disability
In some instances, the responsible party may be punished with wanton disregard of human life in Missouri, even though juries rarely award these.
Elements Required to Prove Negligence in a Kansas City Motorcycle Crash
Proving fault in a motorcycle accident can be a complicated and very lengthy process. This is because there may be more than one person responsible for multiple causes of a crash.
Much of the time, traffic accidents result from the negligence or carelessness of other drivers on the road. Every driver on the road has a duty to be careful and keep others safe.
Negligence in Kansas City, MO
To successfully receive compensation following a crash, it must be shown that the other party was negligent. Negligence usually means that the other party acted in a manner no reasonable person would be expected to act in a similar situation.
The four elements required to prove negligence include:
- Duty: Every driver has a legal obligation not to injure others on the road. Since carelessness or negligence may result in severe consequences, a person driving a motor vehicle is held to the highest duty of care.
- Breach of the Duty of Care: A breach is the violation of the expected duty which means that the driver is legally at fault for a crash. As such, they may be held responsible for any damages or injuries caused.
- Causation: It has to be shown that the breach of duty resulted in injury to another. If the actions or inaction of the driver did not cause damages or injuries, you might not be able to seek full compensation for your injuries.
- Damages: It must be proven that you have suffered emotional or physical injuries from the negligent inaction or action of the adverse driver.
To prove fault for the purpose of seeking full compensation, all of these factors need to be proved. If any cannot be established, you may not be able to recover damages.
If you have been injured in a motorcycle accident in Kansas City, we always recommend that you work with a Kansas City motorcycle accident lawyer. The lawyers at the Missouri DWI & Criminal Law Center will provide you with a complete understanding of the options you have, including your rights in such a case.
Apart from injuries, Kansas City motorcycle accidents can cause death, resulting in wrongful death claims against the insurance provider of the at-fault party.
By working with the Missouri DWI & Criminal Law Center, you will get access to a Kansas City motorcycle accident lawyer who will investigate your crash and collect critical evidence.
Some of the evidence that we may collect and use to build a strong negligence case may include:
- Traffic arrests and citations related to the crash, such as a DUI arrest or traffic tickets
- Witness statements
- Cell phone records in case there is suspicion of distraction
- Traffic or dashcam footage
- The police accident report