Motorcycles do not offer the same protection as cars. While riders can wear helmets and protective clothing, they are extremely vulnerable to reckless drivers and road hazards.
When motorcycle accidents happen, they are often catastrophic, leaving riders with terrible injuries and significant financial losses. Too many times, riders lose their lives in these accidents.
Missouri is no stranger to motorcycle accidents. There were 172 motorcycle fatalities in 2023 alone, which accounted for 17% of all the state’s fatalities that year.
If you are involved in a motorcycle accident, knowing what to do and what not to do is important. It all starts with understanding Missouri’s motorcycle laws.
Missouri’s Motorcycle Laws
Missouri enforces several laws and regulations when it comes to motorcycles. To legally ride a motorcycle in the state, you must have a valid class M motorcycle license. You can use a driver’s license with an M endorsement if you do not have a motorcycle license.
In Missouri, riders can apply for a temporary instruction permit at age 15 and a half. However, at that age, riders can only be on the road during the day and are not allowed to transport passengers.
Helmet Laws
Missouri once operated under a universal motorcycle helmet law. This law stated that all riders and passengers must wear a helmet. Strangely enough, the state revised this law in 2020, and now only riders and passengers 25 years old and younger need to wear a helmet.
Those who are older than 26 must have health insurance if they do not wear a helmet while riding.
The problem is that failing to wear a helmet while riding can severely complicate the outcome of a personal injury case. If you are injured because of negligence, your compensation may be reduced under comparative negligence rules.
Lane Splitting
Lane splitting is a grey area in Missouri motorcycle law. Lane splitting refers to riders riding the white lines between two traffic lanes. There is no explicit Missouri law banning lane splitting, but it is quite obvious how dangerous this is.
If you ride a white line and a driver crashes into you, your compensation case will be complicated. While it is possible to recover compensation, the at-fault driver’s lawyer and insurance company will not make it easy for you to do so.
Challenges After a Motorcycle Accident
You may face several challenges after being in a motorcycle accident. If a negligent driver caused the accident, you will want to file a compensation claim.
But, according to Missouri’s pure comparative fault system, your compensation may be reduced if you are partly to blame for the accident.
Even worse, the at-fault driver’s lawyer and insurer will likely argue that you were fully responsible for the accident to avoid a payout. This often happens in cases where speeding or failure to follow traffic laws plays a role.
Insurance Companies
Dealing with an insurance company is a challenge on its own. An insurance adjuster will always try to minimize the payout, even if it is clear that you were not at fault.
The insurance company will throw everything they can at you. They might argue that your medical treatment after the accident was unnecessary. They will also likely challenge the severity of your injuries.
This is why you should contact a lawyer for advice and assistance. Navigating a personal injury case without a skilled lawyer is very difficult.
Uninsured or Underinsured Drivers
Drivers are required to carry minimum liability insurance in Missouri, but this does not mean that all drivers comply. If the driver who crashed into you is underinsured or uninsured, you must file a claim against your uninsured motorist policy.
With your initial expenses taken care of, you can focus on filing a claim directly against the at-fault driver.
What to Do If You Are in a Motorcycle Accident
If someone crashes into you and knocks you off your motorcycle, there is a very good chance you will have a very hard landing. You may suffer broken bones, brain trauma, and internal bleeding.
Some injuries are immediately obvious, while others can take a while to show symptoms. This is why asking a bystander to call 911 immediately is critical so you (and the driver) can get prompt medical attention.
Another reason to get medical treatment at the scene or the nearest ER is that you will get the necessary medical records to strengthen your legal case.
If you are able to, at the scene, take photos of the damage to your motorcycle and the driver’s car. If there are hazards on the road that may have contributed to the accident, get footage of that, too.
It is also important to exchange information with the driver. Give the driver your real name, phone number, and insurance details. You must get the same information from the driver as well.
If you have been injured and the motorcycle and car severely damaged, the accident must be reported to the police. You will have an official police report to back up your compensation claim.
When you get home, inform your insurance company of the accident. When you speak to your insurance, take care not to say things that could sound like you are taking responsibility for the accident.
Hiring a Lawyer to File a Personal Injury Claim
The least stressful way to work through a personal injury case is to have a lawyer do it for you. Your lawyer will establish the four elements of negligence and help you prove that the driver breached their duty of care towards you, which resulted in your injuries.
Your lawyer will also calculate the damages you suffered, including economic, non-economic, and punitive damages.
Keep in mind that, as explained above, Missouri’s pure comparative fault rule means you can recover compensation if you are partially at fault. However, if you are awarded $100,000 and your blame percentage is 20%, you will only receive $80,000.
A Lawyer Can Make the Legal Process More Manageable
With an experienced lawyer, you will feel more equipped to handle whatever tactics the at-fault parties, insurer, and legal team come up with. If you have been injured in a motorcycle accident, do not hesitate to seek legal assistance. Your lawyer will fight every step of the way to ensure you are fairly compensated.
