Kansas City Motorcycle Accident Lawyer
Experienced Motorcycle Attorneys Serving Clients in Kansas City
Motorcycle accidents can be incredibly traumatic. The physical and emotional trauma suffered from a motorcycle accident could completely alter the course of your life, and the life of your family. If you have suffered injuries in a motorcycle accident due to the carelessness of another driver, or because of dangerous road conditions, you may be entitled to receive compensation Our Kansas City motorcycle accident lawyer will be here to guide you through the entire legal process.
All over the world, motorcycle accident statistics have always been on the high side of vehicular accidents, and Kansas City is no exception. Studies show that motorcyclists are 27 times more likely than passenger car occupants to die in a car accident. These sad statistics are in part because motorcycles afford little or no protection for their drivers and passengers. Even if you are wearing all necessary protective gear there is a relatively high likelihood that if you are involved in an accident as a motorcycle driver or rider, you will suffer a head injury and serious personal injuries.
The main reason motorcyclists are at relatively high risk for serious injuries on our roadways is that drivers in cars and trucks can be negligent and careless in failing to see motorcycles resulting in car or truck accidents. Many simply fail to anticipate the movement of motorcycles or see them when entering intersections or changing lanes. As a motorcyclist, you have the same rights to safely use the road as every other vehicle driver and operator.
Who is at Fault for a Motorcycle Accident?
Proving who is at fault for a motorcycle accident can be a very lengthy, difficult process because there can be more than one person at fault or multiple causes of the accident and injuries. Most of the time, vehicular accidents are caused by the carelessness or negligence of other drivers on the road.
Injuries Tend to Be More Severe
Motorcycles, while less common on the highways compared to cars, also offer less protection to their riders. As a result, motorcycle accidents in Missouri, though less frequent than car accidents, often result in more severe and deadly consequences. In 2011, over 36 percent of all automobile accidents in Missouri led to fatalities or personal injuries, whereas for motorcycle accidents, an alarming 80 percent resulted in such outcomes.
Several factors associated with motorcycle riding contribute to the increased severity of injuries in accidents:
- Lack of protective structures around the rider.
- Absence of safety features like airbags and seat belts.
- Riders typically make direct contact with the ground in the event of an accident.
When these elements come together, the likelihood of sustaining serious brain, head, neck, and other neurological injuries is significantly elevated – injuries that often carry severe and long-lasting consequences. Additionally, motorcycle accidents frequently result in significant skin damage and scarring, broken bones, and dislocated joints.
Every driver owes the traveling public a responsibility to be careful, and look out for the safety of others. So, to hold an adverse driver responsible for a motorcycle accident, four things must be established and proved.
- Duty: the legal obligation to not cause injury to another. The defendant (other party) owes the plaintiff (you) a duty of due care. Because carelessness while driving a vehicle has the potential for causing serious, even catastrophic injuries, in many states there is an elevated duty of care when operating a motor vehicle – the highest degree of care.
- Breach of that duty: breach means the violation of the applicable duty of care. Once it is proven that the adverse driver/defendant breached his or her duty of care, you have established that they are legally at fault for the collision, and will be responsible to you for your injuries and damages, but if and only if you can show the next two items, causation and damages.
- Causation: it needs to be proven that the defendant’s breach of duty was the cause of your injuries. If the action or inaction of the other party was not the cause of one or more of your injuries, you may be unable to seek full compensation for all or a portion of your injuries.
- Damages: it has to be shown that you have suffered damages — physical, and/or emotional injuries — from the defendant’s negligent actions or inaction.
In order to prove who is at fault and to recover full compensation for your injuries, all of these factors must be established. If any one of these cannot be proven, you may be unable to establish a right to recover damages.
If you have been injured in a motorcycle accident in and around Kansas City, one of the first things to do is to contact a skilled Kansas City motorcycle accident lawyer to get a full understanding of your rights and options going forward.
Hire a Qualified Kansas City Motorcycle Accident Lawyer
If you have sustained injuries in a motorcycle accident, reach out to us at Siro Smith Dickson today. Motorcycle accidents happen more often than people think, and the sooner you seek legal assistance the sooner we can help you receive the compensation you rightfully deserve. We are on your side. Contact us from this website, or call us at (816) 471-4881.