Motorcycles are one of the easiest and most efficient ways to go about your daily routine. On the open road, they offer clear views and a sense of adventure. Unfortunately, due to their design, they also expose passengers to severe injuries and damages when they are involved in a collision. Many car and truck drivers fail to see motorcycles because they are not as large as most vehicles, while others are careless and simply not paying attention. In either case, intersections are one of the most dangerous points of travel for motorcycles, leading to some of the highest accident rates. At The Law Office of Uhrig & Brown, our team of motorcycle accident lawyers can help mid-Missouri residents and bring a claim against a negligent driver.
What to do After a Car or Motorcycle Accident
Even when a motorcyclist has the right-of-way and is adhering to traffic laws, they may still be hit because of a negligent driver. The heavier the traffic flow, the harder it may be for other drivers to spot a motorcyclist traveling through an intersection. This is especially true when the intersection features many lanes of traffic and multiple turn lanes.
In order to recover damages from a careless driver, Missouri law requires the motorcyclist to establish that the defendant, or other driver, acted negligently. To prove negligence, you must prove four different elements.
- You must show that the driver owed you a duty of care. In general, we all owe it to each other to act with the same ordinary care and skill that a reasonably safe person would use in a similar circumstance. On the open road, this standard typically requires drivers to adhere to all traffic laws, drive at a speed that is safe for the current road and weather conditions, and be attentive to what is happening around them.
- You need to show that the defendant breached this duty with careless conduct. This could be a specific traffic violation or simply being distracted behind the wheel.
- After showing that the defendant owed you a duty and failed to act according to that duty, the motorcyclist must show that this failure was the cause of the damages that you suffered. In other words, you must demonstrate that the motorcyclist would not have been hurt if it weren’t for the defendant’s carelessness.
- The final step of obtaining compensation requires you to provide evidence of the damages that incurred as a result of the crash. This typically includes medical expenses, hospital bills, physical therapy, rehab services, medications, and in-home treatment. If the accident required you to miss work, or caused such severe injuries that you are unable to return to work, the driver will likely be required to compensate the motorcyclist for loss of income and potentially loss of future earning capacity. If you or someone you love has been involved in a motor vehicle collision, it is important to keep accurate records of all expenses and payments made as a result of the crash.
Enlist a Trusted Lawyer When Pursuing an Injury Claim
Being hurt as the result of another driver’s carelessness is a devastating and unexpected experience that can have a lasting impact on you and your family. While you are dealing with your injuries and the extreme disruption to your lives, the last thing you want to deal with is a lawsuit. At the Law Office of Matt Uhrig, we can provide capable injury attorneys who can guide people through every step of the process and make sure that their rights are being asserted aggressively. We serve accident victims throughout Missouri, including Columbia, Ashland, and Jefferson City. When it comes to injury claims, the most important thing is to hire a lawyer you trust.
