Each year, motorcycle wrecks seriously injure thousands of victims. Multiple restraint layers, not to mention steel cages, protect vehicle occupants from injury. Motorcycle riders, on the other hand, are completely exposed to danger. The force of the accident usually throws motorcycle riders off their bikes. The resulting impact causes wounds like head injuries, broken bones, and internal injuries.
Motorcycle Accident Claim Process
Due to the serious nature of these injuries, an attorney can often obtain substantial compensation for victims. Most of these claims settle out of court. The settlement process usually begins with evidence collection. Victims/plaintiffs have the burden of proof in negligence cases.
Next, a Kansas City personal injury attorney must put the evidence together, much like someone puts together the pieces of a jigsaw puzzle. Frequently, attorneys can partner with an accident reconstructionist and other professionals during this part of the process. The ultimate goal is to present a clear and compelling case to the jury for those cases that are forced by the insurance companies to proceed to trial.
Ordinary Negligence
Driver error causes about 95% of the vehicle collisions in Missouri. Generally, these incidents are not accidents. Negligence, or a lack of care, causes most vehicle collisions. We all make mistakes, and we should all be accountable for the mistakes we make that cause harm or injury to other people.
All driver in Missouri and Kansas have a duty of reasonable care. In Missouri a driver must exercise the highest degree of care when operating an automobile, and in Kansas a driver must exercise ordinary care when operating an automobile. In this context, the duty of reasonable care requires drivers to obey the rules of the road, whether they are written or unwritten, and drive defensively.
Commercial operators, such as Uber drivers and truck drivers, may have a higher duty of care. For example, non-commercial drivers have a duty to slow down in the rain. Arguably, commercial drivers have a duty to pull over and wait for the rain to end, or at least taper off, before they continue traveling.
Fatigued driving is a good example of a breach of duty. In fact, driving after 18 consecutive awake hours is like driving with a .05 BAC level.
Negligence Per Se
Sometimes, a safety law establishes the duty of care. Examples include moving violations, like speeding or making an illegal turn, and criminal violations, such as DUI or reckless driving. If a tortfeasor violates a safety law and that violation substantially causes injury, the tortfeasor might be liable for damages as a matter of law. Victims/plaintiffs need only establish causation and damages in these situations.
Vicarious Liability
In both ordinary negligence and negligence per se claims, third-party liability often applies. Vicarious liability is usually important in wrongful death and other catastrophic injury claims. Frequently, individual tortfeasors do not have enough insurance coverage to provide fair compensation.
In the aforementioned commercial driver claims, the employer is usually responsible for damages under the respondeat superior rule. This employer liability doctrine applies if the tortfeasor was an employee acting within the scope of employment at the time of the crash.
Additionally, Missouri has a dram shop law. Missouri Revised Statutes section 537.053 provides that licensed alcohol providers like bars and restaurants can be vicariously liable for alcohol-related collision damages if they have overserved a person who is obviously intoxicated.
These damages normally include compensation for economic losses, such as medical bills, and noneconomic losses, such as pain and suffering.
Contact a Tenacious Lawyer
Motorcycle accident victims often have several legal options. For a free consultation with an experienced personal injury attorney in Kansas City, contact House Law, LLC. You do not pay any fees until we obtain a settlement or judgment on your behalf.
Tags: motorcycle crash, personal injury
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