Riding a motorcycle in nice weather can be a fantastic way to spend the day. However, these bikes do come with some inherent risks. According to the National Highway Traffic Safety Administration (NHTSA), motorcyclists are five times more likely to be injured than drivers in traditional vehicles and nearly 5,000 motorcyclists lost their lives in 2018.
It is with these increased risks in mind that drivers in Missouri are expected to “exercise the highest degree of care,” according to Missouri Revised Statutes (RSMo) §304.012. If you find yourself involved in a motorcycle accident with a driver who failed to take your safety into account, you may be eligible to seek compensation for your injuries.
The team at Ben Crump Law, PLLC can help you find the best place to start. Our Kansas City motorcycle accident lawyers can review your case, gather evidence, and calculate your potential compensation to help ease your life after your accident. To get started, contact us today at (800)-924-3113 for a free consultation.
Compensation for Motorcycle Accidents
The types of compensation you may be entitled to vary based on the damages you suffered. There are two different categories of damages: economic and non-economic. After a motorcycle accident in Kansas City, your economic damages may include, but are not limited to:
- Your current and future medical costs
- Property repair or replacement costs, including your motorcycle, cellphone, or any other personal possessions that were damaged in the accident
- Lost wages
- Lost or reduced earning capacity
- Funeral and burial costs (in the event of a loved one’s death)
Note that all these expenses have a calculable dollar value, a feature that defines them as economic costs. Comparatively, non-economic costs do not have an established economic value and must have their worth calculated based on the severity of your accident. Examples of non-economic costs include pain and suffering, mental anguish, and wrongful death.
For a free legal consultation with a motorcycle accidents lawyer serving Kansas City, call 800-924-3113
Hiring a Kansas City Motorcycle Accident Lawyer on Contingency
You may be concerned about the cost of taking legal action after a motorcycle accident, especially if you are already struggling with medical bills and other costs. There are many misconceptions about the legal industry that can make it seem as if hiring an attorney may not be worth the potential financial award.
At Ben Crump Law, PLLC, we understand how your financial concerns can delay justice. Therefore, our Kansas City motorcycle accident lawyers work on a contingency basis. This means that you will not be charged for any of our services unless:
- Your lawyer presents the details of your case in court, and the court determines that you should receive financial compensation for your losses.
- Your lawyer negotiates an agreement with the liable party or parties, and you receive a financial settlement for your losses.
As the American Bar Association (ABA) explains, a lawyer who works on a contingency basis agrees to accept a fixed percentage of the financial award if they are able to win your case. Otherwise, you are not required to pay for their services. Contact Ben Crump Law, PLLC today to learn more.
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Coming to an Agreement Without Going to Court
As mentioned above, there is not always a need for a motorcycle accident case to go to court if you want to fight for a settlement. Instead, you have the option to write a demand letter. This is a legal document that allows you to explain the at-fault driver’s duty of care and detail the losses that you suffered at their hands. Presenting the liable party with this document opens a pathway of communication that may allow you to receive compensation for your medical expenses, property damage, and more without going to court.
Sometimes, the liable party may choose to reach out to you before you can write a demand letter and offer a settlement amount for your losses. Keep in mind that initial settlement offers are notoriously low—especially from insurance companies—and may not adequately cover your expenses. A Kansas City motorcycle accident lawyer can calculate your damages and help you determine if a settlement offer is sufficient. If not, your lawyer can continue to negotiate on your behalf.
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Filing a Complaint in Court
If you are unable to secure a fair settlement, you may choose to take your case before a judge. Before this can happen, you will need to file a complaint with your local court. Much like demand letters, complaints outline the identity of the potentially liable party and describe the supporting evidence you have. You should also present the calculations of your damages in the complaint, showing how you arrived at these amounts. A Kansas City motorcycle accident lawyer can assist you with all these tasks.
To bring your case before a judge in Missouri, you will need to submit a complaint within the state’s statute of limitations. According to RSMo 1939 §1014, you have five years from the date of the accident to request judicial attention.
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Contact Us Today to Get Back on the Road Faster
It is easy to have fun on a motorcycle, but it is just as easy to get hurt. If you are involved in an accident with a car, truck, or bus, you may face significant injuries that are no fault of your own.
The Missouri Department of Insurance confirms that Missouri is an at-fault state, meaning that the at-fault driver’s insurance company should provide coverage for your losses. However, if the amount you receive does not meet your needs, a Kansas City motorcycle accident lawyer can help you fight for the compensation you deserve.
At Ben Crump Law, PLLC, we do not back down from challenging legal cases. Working with our Kansas City motorcycle accident lawyers can help you fully understand your legal options and negotiate for a settlement on your own terms.
To get started, contact us today at (800)-924-3113 for a free case evaluation.
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