Kansas City Motorcycle Accident Lawyer
Experienced Motorcycle Attorneys Serving Clients in Kansas City, MO
Experiencing a motorcycle accident can be profoundly devastating. The impact on your and your family’s lives can be significant, transforming your future in unimaginable ways. If you’ve been injured in a motorcycle accident due to someone else’s negligence or unsafe road conditions, you might be eligible for compensation. Our Kansas City Motorcycle Accident Lawyer is dedicated to supporting you throughout the legal journey.
Globally, motorcycles are frequently involved in vehicular accidents, with Kansas City being no different. Research indicates that motorcyclists face a 27-fold increase in the risk of fatal accidents compared to car passengers, largely because motorcycles provide minimal protection. Despite taking all safety precautions, motorcycle riders are at a substantial risk of sustaining severe injuries, including head injuries, in crashes.
One significant risk factor for motorcyclists is the oversight of other drivers. Cars and trucks often fail to notice motorcycles, leading to collisions. This issue is exacerbated by drivers’ failure to anticipate or notice motorcycles while making turns or lane changes. It’s crucial to remember that motorcyclists have the same rights to road safety as all other motorists.
Determining who is responsible for a motorcycle accident can be complex, involving multiple parties or contributing factors. Typically, accidents stem from other drivers’ negligence.
Motorcycle accidents tend to result in more serious injuries due to the lack of protective barriers and safety features such as airbags and seatbelts. In Missouri, motorcycle accidents are less common than car accidents but are significantly more likely to result in severe injuries or fatalities. In 2011, motorcycle crashes had an 80% chance of causing serious injuries or death, compared to 36% for all vehicle accidents. A Kansas City Motorcycle Accident Lawyer can help assist you when you’ve been involved in an accident.
Factors contributing to the severity of motorcycle accident injuries include:
- The absence of protective structures around the rider.
- The lack of safety features like airbags and seat belts.
- The higher likelihood of direct ground contact during accidents.
These factors increase the risk of serious injuries, including brain and neurological damage, skin injuries, broken bones, and joint dislocations.
To hold another driver accountable for a motorcycle accident, four elements must be established:
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Duty: The Obligation to Avoid Causing Harm to Others
Every driver on the road has a fundamental obligation to act in a manner that avoids causing harm to others. This includes following traffic laws, driving at safe speeds, and paying attention to the road and its users. The concept of duty in legal terms refers to this responsibility that one must exercise to ensure the safety and well-being of others, especially when operating a vehicle. This duty extends not just to other drivers but to pedestrians, cyclists, and motorcyclists as well, highlighting the importance of vigilance and care in every action taken on the road.
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Breach of Duty: Failing to Meet the Expected Level of Care
A breach of duty occurs when an individual fails to meet the legally established standards of care, acting negligently or recklessly. For example, a driver who is texting while driving is not maintaining the level of attention required by law, thereby breaching their duty to other road users. This breach is not limited to acts of commission (doing something one should not do) but also includes acts of omission (failing to do something one should do), such as not signaling before turning.
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Causation: The Breach of Duty Directly Caused Your Injuries
Causation links the breach of duty to the injuries sustained. It’s not enough to show that someone breached their duty; it must be proven that this specific breach directly led to the injuries in question. This means showing a clear and unbroken chain of events from the defendant’s action or inaction to the harm suffered by the plaintiff. Causation can often be the most complex element to prove, as it requires a clear demonstration that, but for the defendant’s breach of duty, the injuries would not have occurred.
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Damages: You Suffered Physical and/or Emotional Injuries Due to the Breach
Damages refer to the actual harm suffered as a result of the breach of duty. This includes not only physical injuries but also emotional and psychological harm, such as pain and suffering, loss of enjoyment of life, and mental anguish. Damages are quantified not just in terms of immediate medical expenses but also take into account long-term implications of the injuries, including ongoing medical treatment, physical therapy, lost wages, and decreased earning potential. The purpose of compensatory damages is to “make the plaintiff whole,” to the extent possible, covering both economic and non-economic losses incurred due to the accident.
Hire a Qualified Kansas City Motorcycle Accident Lawyer
If you’re dealing with injuries from a motorcycle accident in Kansas City, consulting with a knowledgeable motorcycle accident attorney is crucial. At Siro Smith Dickson, we understand the frequency and severity of motorcycle accidents. Prompt legal consultation can significantly enhance your chances of obtaining the compensation you deserve. Our Kansas City personal injury lawyers are here to support you. Reach out through our website or call us at (816) 471-4881 for assistance.
