If you suffered injuries or losses as a result of a motorcycle accident, you may have many questions and feel overwhelmed trying to make the best legal decisions. While every motorcycle accident will have a different set of facts and circumstances, the following may offer some answers to some most commonly asked questions.
Who is at Fault for the Motorcycle Accident?
The answer to this will depend on the facts and circumstances of your case. In some cases, both the motorist and the motorcyclist bear partial responsibility for an accident, and in other cases, it is only the fault of either the motorcyclist or the motorist. An investigation into the accident will typically determine liability and responsibility. If you are at fault for causing the accident, then you may be ticketed and have to pay any for any injuries of the other parties.
I Did Not Have a Helmet on: Can I Still Receive Compensation?
Yes. You may receive a ticket if you were not wearing a helmet. However, whether you were wearing a helmet or not will have no bearing or impact on who is deemed responsible and liable for your accident. Further it is important to know your state’s laws. Some states – such as Missouri – have actually revoked their helmet laws making it legal for motorcyclists not to wear helmets.
What Type of Compensation can I Receive After a Motorcycle Accident?
If an investigation into the accident determines that the other motorist was at fault for the accident, you may have the legal right to pursue compensation for all of your medical bills, future medical bills, lost wages due to your inability to work, future lost wages if you are unable to return to work at all, pain and suffering, and property damage. Additionally, if there were egregious circumstances involving serious recklessness of the other motorist, you may have the ability to receive punitive damages, which is additional compensation awarded by the court to a victim based on the reckless and dangerous behavior of the defendant.
Should I Negotiate and Settle with the Insurance Company After My Motorcycle Accident?
You have the legal right to negotiate and settle with the negligent party’s insurance company for compensation for your injuries and losses. However, it is important to note that most insurance companies use unscrupulous and manipulative tactics in order to offer lower settlement amounts to victims than they deserve. Have your lawyer do the negotiating for you to ensure your right to compensation is not compromised.
How Long do I have to File a Personal Injury Claim for my Motorcycle Accident?
There are statute of limitations deadlines in both Missouri and Kansas related to filing a claim after a motorcycle accident. You have approximately two years from the date of the motorcycle accident to file a claim regarding your personal injuries in the state of Kansas. In Missouri, a victim has five years to file a personal injury claim.
Contact an Experienced Motorcycle Accident Attorney
If you were involved in a motorcycle accident, you likely are dealing with medical bills, lost wages, property damage, and pain and suffering. An experienced motorcycle accident attorney at Griggs Injury Law at (816) 474-0202 can help you understand all of your legal rights and answer all of your questions as they relate specifically to the facts and circumstances of your motorcycle accident.