Columbia, MO, Motorcycle Accident Attorney

Motorcycle accidents often have devastating consequences for motorcycle riders. The claims process after any such accident can be difficult and frustrating, especially when a motorcycle is involved. Insurance providers may make certain assumptions about the safety or carelessness of a motorcyclist or a motor vehicle driver. You do not have to do this alone. Legal support from a Columbia motorcycle accident attorney can help you get the compensation you deserve.

If you were in a motorcycle collision, you need a Columbia motorcycle accident attorney to protect your interests. Motorcyclists often have catastrophic injuries in the wake of an accident, and compensation can be crucial to personal and financial recovery.

The team at Wendt Law Firm P.C. has more than 50 years of collective experience, much of that work in complicated personal injury and motor vehicle collision claims. After a serious accident, your priority should be recovery and rest. Our team provides a clear understanding of your options for compensation and walks you through each step.

We can manage your claim, the investigation of the accident, and documentation of your damages. When you are confident your claim is in good hands, you can focus on your own health. Wendt Law Firm P.C. works to secure you the most compensation that is available in your case.

Understanding Motorcycle Accident Claims

In order for you to recover compensation in an insurance claim, another party must be responsible for the collision. You can file a claim with their insurance provider to recover damages under their coverage. In some accidents, the fault is very obvious, while in others, it is contested. Many times, an at-fault party will try to claim you are partially liable, limiting the compensation you can recover. Proof is important to truly determine each party’s liability.

In order to prove the liability of the other party, you must prove them at fault. Fault is usually based on negligence in motor vehicle accident claims, which is a party’s careless action or inaction. There are four main elements to prove a party liable for negligence:

Duty of care. The at-fault party must have held a duty to act with appropriate consideration for the injured party. This is often easier to prove in motorcycle accident claims, as drivers do owe this duty to other drivers.
Breach. The liable party broke this duty by acting negligently. This could include speeding, failing to yield the right-of-way, or driving distracted.
Causation. This breach of duty of care led to the accident. If their negligence did not cause the accident, it is unlikely they will be liable.
Actual damages. The accident caused you actual damages. This typically includes costs like repairing your vehicle or medical treatment for your injuries.

If you are able to prove all of these elements, then you can recover the cost of your damages in your insurance claim. Unfortunately, insurance adjusters will work to minimize their liability, including by undermining your claim, even when it is legitimate.

Comparative Fault in a Collision

If you are determined to be partially liable for the accident, it does not always mean you cannot recover compensation. Missouri is a comparative fault state, meaning that an injured party can still file for damages if they were found to be 50% or less liable. If you were 51% or more responsible, you would be barred from recovering compensation. Fault percentages may be determined based on insurance company investigations or by the court.

Your damages are also reduced if you are partially liable. If you were found to be 35% liable for the collision, your final settlement value is reduced by 35%. While this can limit the compensation you receive, the damages in a motorcycle crash claim are often significant, and you still can recover a significant settlement.

Insurance companies will often work to find you partially liable to limit how much they must pay you or work to find you liable enough that they can deny you any damages. An attorney can protect your rights against an insurance adjuster. Working with an attorney could help you limit the percentage you are found liable or even prove you were not liable. This can help you get the most compensation possible.

How Much Is My Motorcycle Accident Worth?

Motorcycle accidents can cause serious injuries and damages, but these will be unique to each accident. Because of this, every resulting claim is unique, as a claim should recover the cost of those damages. The value of your claim relies on several factors, including:

The severity of your injuries.
How long your injuries are expected to impact your life.
The amount of time you were unable to work for.
Who was at fault in the accident.
The significance of the other party’s negligence and disregard for public safety.
Whether you were partly at fault.
If the case is settled in negotiation or goes to court.
The experience and abilities of your Columbia motorcycle accident attorney.

An attorney could provide a more accurate estimate of a claim’s value based on your unique circumstances. A claim considers both economic and non-economic damages, and punitive damages in some cases. The ability to negotiate and gather supporting evidence can benefit your claim immensely, which is why your claim is likely to recover more compensation with an effective attorney.

Damages Available in a Motorcycle Collision Claim

Even when the collision is minor, there may be small injuries and damage to vehicles that must be addressed. The goal of a claim is to make an injured party whole by covering the costs of injuries and other damages. It can recover economic damages, which are financial losses that were a direct result of the accident, including:

Medical bills, both for past medical care and long-term treatment or anticipated complications.
Property damage, such as the cost to repair or replace a motorcycle, passenger car, or other property.
Lost income due to taking time off for recovery and doctor’s appointments.
Lost or reduced earning potential if you become disabled.

It also recovers non-economic damages, which are emotional and other non-financial damages. These include:

Physical pain.
Mental trauma and emotional anguish.
Loss of enjoyment or quality of life.
Disfigurement and disability.
Loss of companionship or consortium.

Not many motorcycle accident claims recover punitive damages. If the claim proceeds to court, punitive damages may be awarded if the court discovers clear and convincing evidence of other of the following:

Intentional harm done by the other party without reasonable cause.
Acting with reckless and intentional disregard for the safety of others.

Punitive damages punish the at-fault party for their behavior.

What Are Common Injuries in a Motorcycle Crash?

The value of a claim is significantly dependent on the severity of injuries and how they will affect your daily life. Motorcyclists tend to have catastrophic or even fatal injuries. Riders do not have the same safety precautions as those in passenger vehicles and are likely to be tossed from the vehicle in a collision. Some common injuries in motorcycle accidents include:

Head and brain injuries. The impact of the collision, as well as the impact on the ground, can cause serious head and brain injuries, including traumatic brain injuries. This occurs when the brain hits the inside of the skull or there is an external injury to the skull and brain. A concussion is a more minor form of a traumatic brain injury. While wearing a helmet can lessen the risk of serious injuries, it does not prevent all injuries to the head.
Road rash. If a motorcyclist is thrown from their vehicle, they may land on the road itself. Road rash can occur even through clothes, causing cuts, abrasions, lacerations, and other serious skin injuries.
Soft-tissue injuries. There are a range of soft tissue injuries that you can get in a motorcycle crash, including sprains, strains, tears, and other damage. Whiplash is one common injury due to soft tissue damage in the neck. There are also more serious injuries to the spinal cord, which can even result in partial or full paralysis.
Nerve damage. Permanent nerve damage can occur when a motorcyclist is thrown and lands on an arm or other limb. Nerve damage can cause long-term issues and pain.
Fractures and breaks. Broken or fractured bones are common injuries in a collision. While one broken bone may be seen as a minor injury, numerous breaks and fractures can cause long-term care and disability. Fractures in the skull and spine are some of the most serious injuries.

Other injuries that can occur in motorcycle accidents are:

Burns
Lacerations
Puncture wounds
Eye injuries and vision loss
Hearing loss
Crushing injuries
Internal organ damage
Amputation and limb loss

More severe injuries are more likely to need costly surgeries, medications, medical devices, and mobility aids to help recovery and give long-term support. These are costs that could be recovered in a claim.

Wrongful Death Claims for Motorcycle Accident

A wrongful death claim is a type of personal injury claim filed by surviving family members in place of the claim their loved one would have been eligible for if they had survived. Unfortunately, motorcycle accidents often result in fatal or catastrophic injuries.

When a loved one’s death in a collision is caused by another party’s negligence, family members can recover certain damages, including reasonable costs for a funeral, the cost of a burial or cremation, the loss of financial support, and non-economic damages like loss of companionship.

Losing a loved family member is devastating, especially when it should have been preventable. A wrongful death claim needs to be filed in a timely manner, but this is not easy to do while grieving and struggling with many other needs and costs. The support of a skilled attorney can help families get the compensation they need more quickly and with less stress.

How Does a Columbia, MO, Motorcycle Accident Attorney Help Me?

There are many benefits to working with an experienced Columbia motorcycle accident attorney, primarily that you are more likely to recover more compensation and have a more successful claim. After an accident, you likely have serious and painful injuries to deal with. You do not want to be negotiating with an insurance adjuster, who will be trying to limit their liability and give you as little compensation as possible.

An attorney can talk with the insurance company for you. Attorneys are also well-versed in discussions with insurance adjusters and navigating their tactics. An attorney can go into negotiations with a clear understanding of your damages and will not accept a settlement that does not cover those damages.

Calculating damages can be complicated, and many injured individuals fail to properly calculate the costs of long-term medical care, the effect of limited income, and the accurate value of non-economic damages. A motorcycle accident attorney has significant experience calculating damages and likely will have seen cases with injuries similar to yours before. Your attorney can calculate what a fair settlement would be to cover all of these costs.

An attorney is also incredibly beneficial for an investigation of the accident. Whether the fault is clear or not, all involved insurance companies will be investigating to determine how to lower their own liability. None of these providers will be considering your interests, and many may try to claim you are partially liable to avoid paying the entirety of your damages.

When you work with an attorney, they can conduct their own investigation with their resources and determine the party at fault. An attorney gathers evidence of liability and may be able to show that you were not liable. The support of an experienced attorney is crucial to navigating each step of a claim after a motorcycle accident.

Wendt Law Firm P.C., Your Columbia Motorcycle Accident Attorneys

There is a limited amount of time to file an insurance claim, so you shouldn’t wait. Most insurance claims must be filed as soon as possible after an accident. If you or a loved one was injured in a motorcycle crash, you need a firm with resources, compassion, and experience to support you. At Wendt Law Firm, we can give you the support and comprehensive legal representation you need. Contact our firm today to schedule a time to discuss your case.