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Aaron House

Legal Options in Motorcycle Crash Claims

There are many more motorcycles on the road today. In fact, motorcycle sales have increased over 200% since the 1990s. Many of these bikes are large motorcycles with large engines. These fast machines can operate in less-than-perfect conditions. What’s more, many riders push the envelope a bit more than they did before, while staying within the law. For example, the Missouri legislature is trying to repeal Missouri’s helmet law, which means that motorcycle riders in Missouri will be able to ride without wearing a helmet.

One would think that the increased traffic would make other drivers more aware of motorcycles, and they would watch for them accordingly. Sadly, however, that is usually not the case. Riders still risk serious injury every time they hit the street.

If you were hurt in a motorcycle crash, an experienced Kansas City personal injury attorney might be able to obtain substantial compensation for your serious injuries. This compensation usually includes money for economic losses, such as medical bills, and noneconomic losses, such as pain and suffering.

What Causes a Motorcycle Crash?

Generally, motorcycle crashes are not “accidents.” People accidentally leave the gate open. They do not accidentally drive negligently and cause vehicle collisions.

Failure to yield the right of way causes many crashes, especially left-turn motorcycle crashes. Frequently, a tortfeasor (negligent driver) is waiting to make a left turn against traffic, either to change directions or enter a private driveway. Commonly, these drivers overlook oncoming motorcycles. Instead, they turn quickly into the rider’s path. A collision is usually unavoidable and usually the driver’s fault.

Sometimes, a motorcycle crash have a deeper root cause, such as driver impairment. Some common forms of driver impairment include:

  • Fatigue: Drowsiness and alcohol both impair motor skills and cloud judgement. Indeed, driving after 18 consecutive awake hours is like driving with a .05 BAC level. That is above the legal limit for many drivers in Missouri.
  • Drug Use: Illegal drug use, mostly marijuana, causes a number of car crashes in Kansas City. Legal drugs, such as prescription painkillers and over-the-counter sleep aids, also cause a number of wrecks.
  • Distraction: Device distraction is not the only problem. Scientifically, distraction is anything which causes drivers to take their eyes off the road, their minds off driving, or their hands off the wheel. These things include eating or drinking while driving and talking to passengers while driving.

Evidence of negligence includes physical evidence, such as device usage logs and surveillance video footage, and testimonial evidence from witnesses or from the victims themselves.

Negligence Theories

By themselves, pieces of evidence are like scattered pieces of a jigsaw puzzle. So, an attorney, often partners with an accident reconstructionist or other professional expert to put the pieces together and create a complete picture for the jury.

Ordinary negligence is a lack of care. Drowsiness, fatigue, and most kinds of distraction are some good examples of falling below the standard of care. Essentially, the victim/plaintiff must prove the lack of care was bad enough to cause a crash.

Negligence per se is the violation of a safety statute, like failing to yield the right-of-way or using a cell phone while driving, if the driver was under 21. Tortfeasors (negligent drivers) who violate safety laws and cause crashes might be liable for damages as a matter of law. When there is negligence per se, a lack of care if deemed proven, and a plaintiff must then establish their damages.

Connect with an Experienced Attorney

If you have been injured due to another person’s negligence, call Aaron M. House at 816-875-4260 today for a free consultation.

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Related Posts: Do I Have an Injury Claim if I Was Not Wearing a Motorcycle Helmet? Your Claim for Damages Following a Motorcycle Accident

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