ST. LOUIS MOTORCYCLE ACCIDENT ATTORNEY

Motorcycle accidents in St. Louis are pretty common. And, if recent statistics are anything to consider, the situation is getting out of hand. A recent report revealed St. Louis County had the highest number of people killed in traffic in 20 years. To put things into perspective, more than 100 people in the county died in car, bicycle, or pedestrian crashes. Some of these crashes involved motorcycles.

Sadly, motorcycle accidents are known to cause serious injuries. In fact, many accident victims are usually lucky to be alive. Some of the most common motorcycle accident injuries include:

• Broken bones
• Head injuries
• Organ and tissue damage
• Spinal cord injury
• Cuts and bruises
• Internal bleeding
• Traumatic brain injury

It is important to know what to do if you or your loved one has been injured in a motorcycle accident in St. Louis. Here are a few things to keep in mind:

Your health, safety, and well-being come first. Call 911 immediately and request an ambulance and police officer at the scene.

The police officer will write a report about the accident. You can request a copy of this report for future reference.

Take pictures of the accident scene, including your injuries, if possible. These pictures could come in handy in the future.

Write down the contact information of any witnesses. In addition, document the accident, preferably in writing. This is because people lose their memories with time, depending on the nature of the accident. For instance, you may develop temporary memory loss if you suffer a brain injury. The last thing you want is to lose crucial details about the accident when you need them most.

Do not accept responsibility for the accident. This rule applies even if you feel partially responsible for the accident. In addition, do not say you feel okay after the accident.

If you do not need an ambulance, it is still important to seek immediate medical attention after the accident for two reasons.

Firstly, your health is essential. Seeking medical attention after an accident, even if you do not feel any pain, is the best way to determine whether you suffered serious injuries. Secondly, if you decide to take legal action after the injury, your medical records will come in handy. It will be much more difficult to prove that you actually got injured if you failed to see a doctor.

Contact an experienced St. Louis motorcycle accident attorney for legal guidance. This decision is critical if you suffered serious injuries requiring surgery and other expensive medical procedures.

Earlier, we mentioned how important it is to hire an experienced motorcycle accident attorney. Part of the reason you need legal counsel in such a situation is that an experienced lawyer can help identify the parties responsible for the accident and those who should compensate you for your damages.

Regarding compensation, the responsible party will depend on the circumstances of your case, precisely the cause of the accident. In some cases, more than one party might be responsible for compensation.

For instance, if the accident occurred due to a defective feature or part of the motorcycle, you might have a product liability case against the manufacturer. In addition, if the other driver was negligent, e.g., they failed to yield, they might also be responsible.

The same applies if the accident could have been prevented or injuries minimized had there been clear road signs warning drivers about certain dangerous road conditions. This is usually the responsibility of the local government in charge of infrastructure and development in the area. In that case, they may share a certain degree of responsibility.

The bottom line is that more than one party could be held responsible when it comes to liability issues. But, for this to work, you will need an experienced attorney on your team.

Keep in mind that Missouri is an at-fault state, meaning the party responsible for the accident should compensate you for the damages.

The damages you may be able to claim after a motorcycle accident will depend on the specifics of your case. In the past, plaintiffs have been able to claim economic and non-economic damages. Here’s a more detailed guide on the damages you could claim in a personal injury case, particularly a motorcycle accident.

Again, the value of your motorcycle accident claim will depend on the unique circumstances of your case. When evaluating the value of such a claim, your attorney will consider the following factors:

Nature of the injuries: The more severe the injuries, the higher the compensation. However, this rule is not final; you may not be able to recover full compensation under certain circumstances, as discussed below.

Post-accident procedure: The steps you take after such an accident could make or break your claim. For example, if you fail to seek medical attention after the accident, the other party could use that against you, effectively minimizing your claim. The same applies if you fail to follow the doctor’s instructions after seeking medical attention. The other party could claim that your failure to follow the instructions prolonged the recovery process and increased your medical bills.

Your percentage of fault: Remember when we mentioned that you should not accept responsibility for an accident even if you feel you are partly at fault? Such compensation could jeopardize your claim down the line. Not admitting fault does not mean you are dishonest; when it comes to legal matters, such statements are usually taken out of context and could be used against you.

Keep in mind that Missouri uses the pure comparative fault system. This legal doctrine allows the plaintiff to recover damages based on their percentage of fault. So if the court rules that you were 40% responsible for the accident, such a ruling will reduce the compensation you may be entitled to by 40%, meaning you can only recover 60% of the award.

The factors discussed above are not final. The list of factors that could influence the compensation you may be able to recover is broad and varies from case to case. Speak with an experienced motorcycle accident attorney to learn more about your options.

In St. Louis and throughout Missouri, you have up to five years from the date of the injury to file a lawsuit after a motorcycle accident.  

It is also important to note that the statute of limitations varies depending on who you intend to sue. For instance, if you intend to take legal action against a government agency after the accident, you have up to 90 days from the date of the injury to do so.

If you file a motorcycle accident lawsuit after the statute of limitations has expired, the defense could use this factor against you. Specifically, they will ask the court to dismiss your case because you did not file the lawsuit on time. After an accident, five years is such a long time — at least on paper. The other party could claim that your injuries are not related to the accident when you file a lawsuit outside this window.

Motorcycle operators in Missouri should abide by various laws for their own safety. Some of the most critical Missouri motorcycle laws include:

• Motorcycle riders and passengers must wear protective gear at all times
• Motorcycle riders on a public road in the state must have a Class M motorcycle license, a learner’s permit, or a driver’s license with a Class M endorsement
• Operators and passengers must wear a helmet with a shatterproof face shield
• The motorcycle must have a functional headlight, brake lights, tail lights, turn signals, horn, side mirror, and front and rear brakes

Suppose you intend to file a claim after the accident. In that case, your attorney will need time to build a strong case. While five years might seem enough, you will be surprised to discover the amount of work that goes into a single motorcycle accident case. For example, when investigating a normal accident, the attorney must interview witnesses, revisit the accident scene, consult experts in different fields, research complex laws, determine liability, etc.

This process requires a lot of time. It is even more complex when multiple parties are responsible for your injuries. If you take too long to contact an attorney, they will not have enough time to build a strong case against the other party.

This depends on the law firm or attorney you intend to work with. For example, at Morgan and Morgan, we charge our clients on a contingency basis, meaning they do not owe us anything unless we win. Besides, we offer a free, no-obligation case evaluation.

When looking for the right motorcycle accident lawyers in St. Louis, consider the following factors:

• Experience handling such cases
• Track record
• Whether they have the legal resources to fight for you
• Whether they can take the matter to court if the other party refuses to settle or offers a lowball settlement
• Their reputation

Morgan and Morgan has everything you will ever need in a St. Louis motorcycle accident lawyer. Here is why:

• We have been serving clients throughout the United States for over 35 years
• We have recovered more than $30 billion as compensation for our clients so far
• We are the largest personal injury law firm in the country, with powerful legal resources to fight for you
• Our attorneys are always court-ready and experienced

Ready to get started? Get a free case evaluation today.