Kansas City Motorcycle Accident Lawyer: Fighting For the Compensation You Deserve After an Accident.
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.
About Motorcycle Accident Claims in KC
To be eligible for compensation, you must prove the defendant was negligent and that this act of negligence caused the motorcycle crash. The defendant may try to argue comparative negligence, or that you own a percentage of fault for the crash if it was a car accident. This might be the case if you were speeding or lane-splitting at the time. Missouri and Kansas abide by different laws when it comes to comparative fault. In both states, however, you can still receive compensation even if you were partially responsible.
The only way to get all the facts about your particular accident and to discover your options for financial recovery is to speak with an experienced motorcycle accident attorney in Kansas City. Retain Wendt Law Firm P.C. for help with motorcycle accident cases in KC. Our Kansas City personal injury lawyers can help you maximize your compensation award in any way possible. Contact us today.
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.
Whether you’re at the hospital with serious injuries or only sustained property damage, call our Kansas City motorcycle crash lawyers to discuss your case for free. Our top-rated lawyers can tell you exactly what steps to take in the hours, days, and weeks after a wreck, as well as how best to safeguard your legal rights. Don’t wait to talk to a motorcycle accident attorney in Kansas City; contact a Kansas City personal injury attorney immediately after your accident in Kansas City for the best-case outcome.
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 Claim After a Motorcycle Accident in Kansas City
Knowing the initial steps to take toward filing a personal injury claim after a motorcycle accident in Kansas City can help you protect your rights and take immediate action in the face of someone else’s negligence. The team of Kansas City motorcycle accident attorneys at Wendt Law Firm P.C. is always available to help you with all claim filing steps. The basic steps for filing a claim and securing compensation in Kansas City are as follows:
Investigate the accident
Determine the defendant(s)
Calculate your damages
File your official claim
Serve the defendant
Enter into the discovery phase
Begin settlement negotiations
Take the case to court, if necessary
Fight for fair compensation
You will need to know which civil courtroom will hear your case and your statute of limitations for filing. You will also need to obey state and local filing requirements to ensure an efficient and timely process. Making a mistake could delay your claim, cost you money, and even result in losing your right to file. Don’t take on the claims process by yourself. Instead, trust our top-tier personal injury attorneys in Kansas City to take care of your claim, starting by contacting us today.
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.
Common Injuries in a Motorcycle Accident
All motorcycle accidents are unique. Some victims will suffer serious and life-threatening injuries while others will escape with just a few bumps and bruises. While predicting injuries might be impossible, it is possible to prevent them with an understanding of the most common injuries and protection options. If you can’t prevent accident injuries, at least seek compensation for them with help from an attorney. Contact Wendt Law Firm P.C. if you or someone you love has suffered any of the following common motorcycle accident injuries in Kansas City:
Head and Brain Injuries
Every motorcycle rider and passenger in Missouri must wear a motorcycle helmet, but helmet-wearing is optional for riders over the age of 18 in Kansas. Wearing a helmet can significantly decrease the risk of serious injuries to the face, head, and brain in a motorcycle accident, whether it’s the law or not. Even with a helmet, however, victims can sustain serious traumatic brain injuries.
The skin (even through clothing and protective gear) can suffer severe road rash when it comes into contact with asphalt in an accident. Major abrasions, cuts, scrapes, lacerations, and traumatic tattooing from embedded debris in the skin can require painful treatments such as skin flushes and disinfectants. Road rash can cause permanent scarring and disfigurement.
Muscle and Soft Tissue Injuries
Common soft tissue injuries in motorcycle wrecks include neck and back injuries, torn ligaments, pulled muscles, contusions, and tendon tears. Muscle-related injuries can take a long time to heal and cause temporary or permanent disability and missed time at work.
Severe Nerve Damage
A collision can fling a motorcyclist from his or her vehicle. The rider does not have a seatbelt or protective shell to keep him or her from flying into the air and landing yards away. Landing on an arm can cause “biker’s arm,” or permanent nerve damage to the shoulder, arm, wrist, and hand. Landing on other limbs can cause nerve damage or bone breaks as well.
Impact with the ground, an object, or another vehicle can result in breaks or fractures to many different bones. Skull and spinal cord fractures are the most serious and come with the possibility of permanent or fatal injury. Injuries to the lower half of the body are common in motorcycle accidents, including shattered pelvises and knees. Broken bones are painful and can be debilitating.
The most severe motorcycle accidents can cause injuries from which the victim never recovers. Talk to the motorcycle accident attorneys at Wendt Law Firm P.C. if you suffered any of the above-mentioned injuries or if you lost a loved one in Kansas City. You may have grounds for a lawsuit to fight for compensation for your serious or catastrophic damages. Just because an injury is “common” does not make it any less important. The sooner you speak to a Kansas City motorcycle accident attorney about your legal rights, the better.
Determining Liability After a Motorcycle Accident
Determining the liability for an accident can be complex, especially if multiple parties are involved. Missouri law relies on a few basic elements when determining who is at fault for a motorcycle accident:
Did the other driver owe the motorcyclist a duty of care?
The answer to this question is usually yes. All motorists owe a duty of care to others who use the road, including motorcyclists, bicyclists, pedestrians, and others.
Did the motorist commit negligence?
This forms the foundation of most personal injury cases, including vehicle accidents. In a legal sense, a person commits negligence when he or she fails to act in a manner that another reasonable person would have acted. In the context of a motorcycle accident, a person commits negligence when he or she violates a traffic law. Common examples of negligence include failure to yield the right of way, distracted driving, speeding, and operating a vehicle under the influence.
Did the other motorist’s negligence directly lead to the motorcyclists’ injuries?
The other driver’s actions must be the proximal cause of the injuries or property damage suffered by the plaintiff to establish liability.
Did the motorcyclist suffer harm as a result?
Lastly, an injured plaintiff must be able to show proof of harm caused by another motorist’s negligence. Examples include medical bills, lost wages, emotional distress, and other intangible losses, such as suffering and physical pain.
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.