Kansas City motorcycle accidents are often incredibly serious. This is because the motorcyclist does not have the benefit of being surrounded by a steel frame, a seatbelt, or airbags.
Regardless of who was at fault, the proceeding legal battle can be complex and stressful. Insurance companies may presume that bikers are reckless or that car drivers failed to properly look for bikes.
At Wendt Law, our Kansas City personal injury attorneys are award-winning and have over 1000 successful cases and more than 50 years of combined experience. Proudly led by one of the Top 50 Super Lawyers in Kansas City, Samuel Wendt, when you agree to representation from us, you know you are in safe hands.
If you or someone you love has been involved in a motorcycle accident, you need representation from an experienced Kansas City motorcycle accident lawyer who can guide you through the process and seek fair compensation.
Right now, your priority should be your recovery, so contact our law office today for a free consultation.
Call us now at 816-542-6734 for a free case evaluation in Kansas City, MO.
What to Do After a Motorcycle Accident in Kansas City
Motor vehicle accidents are usually serious, so your first step will be to call the police and get yourself to a place of safety if you are able to.
If you or someone else has suffered injuries, then you may also need to call the ambulance service.
Even if no one is too seriously injured, and the paramedics were not called, you should still go to the hospital as soon as possible, it is common for adrenaline to mask injuries, and you may worsen your condition if you do not get medical help.
The next step should be to contact a personal injury lawyer. We recommend that you do this before contacting your insurance company so that we can advise you on how to approach your motorcycle accident case.
It is important that you document all of your experiences and never admit fault. Insurance companies are skilled at encouraging you to say things to harm your case in order to limit the amount they have to pay out in compensation.
Stick to the facts, and simply tell them that you need to speak to your legal representation before you go into any detail. Just by having legal representation on your side, your insurance company will be forced to take your case more seriously.
Regardless of whether you have just sustained property damage and a few bruises or you have suffered life-changing injuries, our Kansas City-based motorcycle accident attorneys at Wendt Law are on hand for a free case evaluation, so don’t hesitate to contact us as soon as possible after a motorcycle crash.
Recover Compensation For Kansas City Motorcycle Accidents
Motorcycle accident victims are often left with serious injuries. If a motorcycle rider survives the accident, they are often left with catastrophic injuries such as broken bones, brain injuries, or a spine injury.
Even minor motorcycle accident injuries may still result in expensive repairs, medical bills, missed time at work, and other costs.
Motorcycle accident lawyers at Wendt Law Firm can help you to recover damages such as:
Medical expenses, including the costs of any future treatment.
Pain and suffering damages, designed to compensate you for your emotional distress and any loss of enjoyment in life.
Lost wages and the loss of any future earning potential, especially if you are left with a permanent disability.
Wrongful death claims. If your loved one suffered a fatal injury in a motorcycle accident, then you deserve financial compensation.
How to File a Motorcycle Accident Claim in Kansas City
Motorcycle accident victims should be aware of how to file a claim so that they can protect their rights, claim damages, and hold liable parties accountable for their actions.
But of course, when you contact a personal injury attorney, they can take over the process for you so that you can focus on your recovery.
The first task of any motorcycle accident lawyer in Kansas City is to investigate the accident and gather evidence. This could include expert testimonies from medical professionals or accident reconstruction specialists, police, medical reports, witness statements, road markings, and vehicle repairs.
Next, they will determine who is liable for your damages. It could be the other driver, or in some cases, it may be a vehicle manufacturer, mechanic, or even a party responsible for maintaining the road who is at fault.
Then they will calculate your damages; while some damages, such as medical bills, may be easily quantifiable, others, such as pain and suffering damages, require a skilled attorney to calculate. At Wendt Law, we know how to evidence your claims in order to maximize the compensation you receive.
Now you can file your official claim and serve it to the defendant. This will begin the discovery phase, and settlement negotiations will begin.
The insurance company may accept your claim, or if an agreement cannot be reached, then your case may go to court. At Wendt Law, we have fought cases both in and ou the courtroom and will be prepared to fight for your rights in court if necessary to ensure fair compensation.
Specific legal requirements, such as the statute of limitations and local filing requirements, are important aspects of the case. Any mistakes could delay your case and cost you money.
However, when you have an experienced Kansas City personal injury attorney by your side, you can relax in the knowledge that everything is being dealt with.
Important Motorcycle Laws in Kansas City
There are several important laws that apply to motorcycle accidents in Kansas City. Remember, a motorcycle rider has the same rights and responsibilities as all other drivers. That means that they must obey traffic laws, such as stop signs, right of way, and limiting distractions when operating a vehicle. Other drivers also have a duty to look out for motorcyclists and take care on the road to protect them from harm.
Some specific laws also apply to motorcycle crashes in Kansas City, MO, such as:
All motorcyclists in Kansas City, MO, must have a Class M motorcycle license.
The state of Missouri requires all road users to wear protective gear such as seat belts in cars or a helmet on motorcycles. Helmets can prevent severe injuries and save lives and should always be worn on motorcycles.
Personal injury laws are complex, especially when determining livability after road accidents. A Kansas City motorcycle accident attorney can help you to understand your legal rights and options so that you can move forward with confidence.
Helmet Laws for Motorcyclists in the Kansas City Area
Missouri and Kansas have different laws when it comes to wearing helmets on motorcycles. That means depending on which side of the state line you are on in Kansas City. Your legal obligation is different.
In Kansas, traffic safety laws do not make it mandatory for motorcyclists over the age of 18 to wear helmets, although the Department of Motor Vehicles strongly encourages it. However, all motorcycle operators are required to wear eye protection unless they have a windscreen that measures at least 10 inches from the center of the handlebars.
On the other hand, Missouri law requires everyone to wear a safety helmet while on a motorcycle. Therefore, failing to wear a helmet in Missouri could result in penalties, fines, and even liability for accident-related injuries.
In both states, motorcycle operators must ensure their vehicles are suitable for use and have the proper lights, turn signals, brakes, mirrors, and other equipment.
Lane Sharing and Lane Splitting Laws for Motorcycles
It is common for motorcycle accidents to involve lane sharing or lane splitting maneuvers. Lane sharing is legal across the Kansas City area and refers to two motorcyclists riding side-by-side on one lane. Motorcycles in Kansas City cannot, however, share a lane with a passenger vehicle or ride alongside more than one other motorcyclist in a single lane.
Road Hazards Unique to Motorcyclists
At Wendt Law, our legal team has dealt with numerous motorcycle accident cases in Kansas City. Our motorcycle accident lawyers have come to recognize some common hazards that make motorcycle crashes more likely. Some hazards that may not affect larger vehicles can lead to severe injuries for motorcycle riders. Examples include:
If a road defect causes your motorcycle accident, then you may be able to file a claim against the Missouri or Kansas government. Local agencies have a duty to maintain roads and keep them safe for users, and failing to do so constitutes negligence.
However, establishing negligence against a government agency is no easy task. Gathering the right evidence, and complying with strict time frames is challenging. Having representation from an experienced motorcycle accident lawyer is your best chance of success.
Determining Liability in Kansas City Motorcycle Accident Claims
To recover compensation following a Kansas City motorcycle accident, you must first prove that your injuries were caused by someone else’s negligence.
That means demonstrating that:
You were owed a duty of care – All motorists owe a duty of care to keep others safe on the road, including motorcycle riders, cyclists, and pedestrians. Government agencies also owe a duty of care to keep roads safe.
The duty of care was breached – The negligent party failed to act in a way that a reasonable person would have, for example, they comply with traffic laws. Common examples of negligent drivers include driving under the influence, distracted driving, and failure to yield.
You suffered injuries as a result – Your injuries were a direct result of their actions.
Those injuries caused damages – The motorcycle injuries led to damages such as lost wages and medical bills.
The defendant may try to argue that you were partially at fault for the accident. If, for example, you were lane-splitting, but the other driver was distracted, then you could both share a percentage of fault for the accident.
Kansas and Missouri have different state laws when it comes to comparative fault. However, in both states, you can still claim compensation even if you were partially at fault for the accident.
A Kansas City motorcycle accident lawyer will do everything possible to minimize your liability and therefore maximize the amount of compensation you could receive. If you are unsure whether you are eligible for compensation, contact us today for a free case evaluation.
Crash Facts in the Kansas City Region
Unfortunately, motorcycle accidents are all too common in Kansas City. As motorcycle accident lawyers, our top priority is to protect the rights of our clients, ease their stress, and ensure that they obtain financial recovery so that they can move forward with their lives in the best way possible.
However, at Wendt Law, we are also passionate about making the roads safer for everyone, and that means holding the appropriate parties accountable for their actions and pushing for change.
According to a Kansas City regional crash report, there was an average of 32 motorcyclist fatalities and 192 severe injuries every year over a recent five-year period. These statistics are shocking, especially considering that motorcycles represent a minority of vehicles on the road.
Passenger vehicles should take extra care around motorcyclists, and it is imperative that they obey road laws to keep others safe. Failing to do so is negligence, and they must be held accountable.
Equally, motorcyclists should take care to keep themselves safe on the road. A motorcycle crash is traumatic for everyone involved, and if they are involved in an accident that was not their fault, they too deserve compensation.
Qualities of a Reputable Motorcycle Accident Lawyer in Kansas City
A quick google search will bring up many law firms in Kansas City that handle personal injury cases. If you have never needed a lawyer before, it can feel overwhelming to choose the right person, especially after the trauma of a motorcycle crash.
Of course, we believe that we can provide the best representation for your motorcycle accident case, but so that you can feel more confident in your decision, here are a couple of tips.
A successful law firm is about more than a fancy website and big billboards. Instead, look out for reviews and recommendations from previous clients. If a firm is unable to show you positive testimonies, then stay clear!
Working on a Contingency Basis
A good Kansas City personal injury attorney is confident in their ability to win cases, which means that they can work on a contingency basis. At Wendt Law Firm, we work this way, which means that our fee is taken as a percentage of your settlement, and if your case is unsuccessful, you will not pay anything.
That way, you can let us handle your case stress-free in the knowledge that you won’t be left out of pocket. Your attorney will also only be paid if they win, which means that they are 100% dedicated to your case.
Free Case Reviews
A free case review is important. It is a chance for your attorney to showcase their skills and make you feel at ease. You will have the opportunity to ask questions and will have a clear idea about what representation entails so that you can make an informed decision.
It is also an opportunity to see if you like the attorney. Having a good relationship will help you feel at ease, and sometimes it’s important to trust your gut.
Contact Our Motorcycle Accident Attorneys Today
At Wendt Law Firm, our Kansas City motorcycle accident attorneys have the experience, skill, and resources to give your case the time and dedication it deserves.
We will handle all of the difficult stuff, so you can focus on your recovery with the knowledge that you are in safe hands.
Contact us today to schedule a free consultation on 816-542-6734.