Motorcycle Injury Lawyers Serving Missouri & Illinois
Motorcycle accidents often result in serious injury because, unlike cars, motorcycles do not provide seatbelts, airbags, or barriers protecting from outside forces. A motorcycle rider is left open to injury both during the motorcycle accident and after the collision.
One reason motorcycle accidents occur is that motorcycles are much smaller than other vehicles, making them harder to see on the road. This is also why these particular motor vehicle accidents often result in serious or fatal injuries.
If you are involved in a motorcycle accident, you must contact a motorcycle accident attorney right away. At Brown & Brown, LLP, our lawyers, who have over 30 years of experience, will strive to demonstrate that the other driver's negligence caused your motorcycle accident. Dial 3s to call us in St. Louis (314-333-3333 / 573-333-3333) or dial 8s if you are in Illinois (618-888-8888).
Common Causes of Motorcycle Accidents
The leading cause of motorcycle accidents is larger vehicles failing to cede the right of way. This may happen due to the lower visibility of motorcycles or as a result of driver distraction, aggressive driving, or another type of negligence. This is just one reason you need a motorcycle accident lawyer on your side as soon as possible following a crash. Without an investigation, societal bias often pins blame on the motorcyclist.
An investigation can both clear your name and properly identify the responsible driver, enabling you to seek compensation well beyond the offerings of insurance companies.
Motorcyclists being hit from the side is the leading cause of motorcycle accidents. Other causes include:
- Driver distraction
- Improper vehicle maintenance
- Speeding
- Intoxication
- Erratic driving
- Inclement weather
Without an investigation, the real cause of your accident may never be identified, which can result in a smaller settlement. Before you accept an insurance offer, talk to one of the motorcycle accident lawyers at our St. Louis or Illinois to make sure you are choosing the best path forward.
Common Motorcycle Accident Injuries
Brain injury is one of the most common motorcycle accident injuries. The National Highway Traffic Safety Administration reports that states with universal helmet laws, like Missouri, see fewer instances of brain injury following motorcycle accidents. States with partial laws or no law at all, like Illinois, tend to see a significantly larger number of traumatic brain injuries following motorcycle accidents.
In addition to brain injury, many motorcycle accidents result in:
- Spinal cord injury
- Broken or pulverized bones
- Road burns and disfigurement
Fatal Motorcycle Accidents
The NHTSA reports that motorcyclist fatalities occur 28-times more frequently than in any other type of accident. This risk increases when factors such as alcohol are involved. In 2016, 37% of all fatal motorcycle accidents involved alcohol.
Motorcyclists have far less protection than occupants of passenger vehicles and trucks. This means that, upon impact, the rider will sustain impact to his body, rather than to the vehicle he’s riding. The result of body to road impact is typically catastrophic and frequently fatal.
Motorcycles weigh far less than other vehicles on the roads as well. This means that, even at relatively low speeds, other cars and trucks can cause significant damage to riders.
Although some fatal motorcycle accidents may be caused by unforeseeable or unpreventable circumstances, such as poor weather conditions, in other cases the negligence of another driver or party may cause these accidents. Some specific examples of negligence that can result in fatal motorcycle accidents include (but are not limited to):
- Other drivers failing to obey traffic laws by, for example, speeding, failing to yield rights-of-way to riders and/or failing to check blind spots or use indicators before changing lanes
- Other drivers being intoxicated, distracted or fatigued when driving (all of which may prevent drivers from seeing motorcyclists or may slow their reaction times when they do see riders)
- Vehicle equipment manufacturers installing defective or faulty equipment on motorcycles
- Cities, counties or other entities failing to properly maintain roadways by, for example, failing to fix potholes, failing to have proper signage at signals and/or failing to properly set up construction zones
In the event that any of these factors played a role in causing a fatal motorcycle accident, victims’ families can hold the negligent party liable by filing a wrongful death lawsuit. Although no sum of money can ever truly make up for the loss of a loved one, the compensation victims’ families receive from wrongful death lawsuits can help them to pay for their loved ones’ funeral costs and otherwise provide financial support during such tragic times.
What to do After a Motorcycle Accident
The following tips are some guidelines as to what you should do following a motorcycle accident in order to protect yourself and ensure that you are later able to secure the compensation you deserve if another party’s negligence has caused or contributed to the motorcycle accident.
- Immediately call 911 – If you are conscious – whether or not you believe that you have been injured, call 911. While emergency responders can help evaluate the nature and severity of your injuries, police will be on the scene to help guide traffic and get you to safety. It’s also essential to have police respond because their reports can be crucial to establishing fault in the accident and providing contact information for any accident witnesses
- Do NOT leave the scene of the accident before police arrive – While leaving the accident scene before police arrive could result in criminal charges (i.e., hit-and-run charges), it can also later hurt your claims with insurance companies or in court when you are trying to seek compensation for your injuries and losses
- Collect information from others involved in the accident – Be sure, if you are able to, to note the names of the other individuals involved in the accident, as well as their insurance information, their driver’s license information and the make, model and driver’s license plate numbers of their cars. If you have a camera (or a cellphone that has a camera), also be sure to take pictures of your injuries and the vehicle damage while you are on the scene of the accident
- Do NOT immediately get your motorcycle fixed – Regardless of whether your motorcycle is your primary mode of transportation, do NOT take it to get repaired immediately after an accident. Insurance agents and others will likely want to inspect the bike and detail the nature and severity of damage it sustained, and getting it fixed immediately could prevent you from collecting the full amount of compensation you deserve
- Contact an experienced motorcycle accident lawyer – As soon as you are medically able and before you talk to your insurance agent or the insurance company of another driver, be sure to contact an experienced motorcycle accident lawyer. While attorneys can help defend your rights and prevent insurance companies or other from trying to take advantage of you, they can also be crucial to helping you secure the maximum possible settlement for your injuries and losses
Building Your Motorcycle Crash Claim
Since motorcycle accidents usually involve extensive medical record research as well as investigation into all circumstances around the accident, the claim can be very difficult to handle without the assistance of a lawyer. Our experienced motorcycle accident attorneys will work hard to recover all the compensation you deserve. We have years of experience investigating motorcycle accidents, dealing with witnesses, and working with insurance companies.
After a motorcycle accident, you may be forced to suffer many different losses, as well as replace or repair your motorcycle or motorcycle equipment. We will pursue compensation for all your losses, including:
- Pain and suffering
- Lost wages
- Medical bills
- Mental anguish
- Loss of enjoyment of life
- Permanent disability
In order to secure compensation for these things, it will need to be established that your injures are the result of someone else’s behavior. An effective way to establish this is through an investigation conducted by the motorcycle accident lawyers at our St. Louis and Illinois.
For over 30 years, the attorneys at Brown & Brown have helped victims of serious injury get justice through personal and effective legal representation. We welcome an opportunity to meet with you, free of both cost and obligation, to review your case and help you understand your options. We work on a contingency basis, which means we don’t get paid unless you win. During your initial consultation, we can discuss this in greater detail to help ensure you are making the best choices for you and your family.
What Is the Role of Eyewitnesses in Motorcycle Accident Claims?
Eyewitnesses play a crucial role in motorcycle accident claims. Their accounts provide a third-party perspective. This can be instrumental in determining what actually happened during the accident.
Eyewitnesses can describe details such as:
- The speed of the vehicles involved
- Road condition
- How the accident unfolded
Motorcycle accidents often involve disputes over fault. Because of this, having unbiased testimony can strengthen a case.Â
Eyewitness statements can help validate the motorcycle rider's version of events or clarify unclear aspects of the accident. This makes them a valuable asset in the claims process.
How Does Comparative Negligence Work in Missouri & Illinois Motorcycle Accidents?
In both Missouri and Illinois, the principle of comparative negligence determines how much compensation you can receive after a motorcycle accident. Under this system, the fault is divided between the involved parties based on their level of responsibility.
Missouri is a pure comparative negligence state. That means you can recover damages even if you were mostly at fault. However, your compensation will be reduced by the percentage of your fault. For example, if you are found 75% at fault, you can still recover 25% of your damages.Â
Illinois is a modified comparative negligence state. That means you can only recover damages if you are less than 51% at fault. If your fault exceeds 50%, you may be barred from receiving any compensation.
What Is the Impact of Road Conditions on Motorcycle Accidents?
Road conditions have a significant effect on motorcycle accidents. This is due to the inherent instability of motorcycles compared to other vehicles.Â
Several hazards can lead to a loss of control, including:
- Potholes
- Loose gravel
- Wet roads
- Poorly marked construction zones
When road conditions contribute to an accident, liability may extend beyond the drivers involved. For instance, it could potentially include government entities responsible for road maintenance.Â
In these cases, gathering evidence, such as photographs of the scene and eyewitness accounts, becomes crucial. This information can help prove that unsafe road conditions contributed to the accident.
How Important Are Medical Records in Motorcycle Accident Claims?
Medical records are essential in motorcycle accident claims. They document the extent and severity of your injuries. These records also help establish a clear link between the accident and your physical condition. They support your claim for compensation.Â
Here are some examples of medical records you should collect:
- Doctor's notes
- Treatment plans
- Diagnostic tests
This information demonstrates the ongoing nature of your recovery. It is critical for calculating future medical costs.
Insurance companies and courts rely heavily on medical records to determine the appropriate settlement or compensation. This is why it's imperative to seek prompt medical attention after an accident.
Why Choose Brown & Brown, LLP?
Brothers Dan and Ed Brown founded Brown & Brown, LLP to positively impact the lives of clients facing personal injuries or criminal charges. For over 30 years, our experienced attorneys have helped thousands of clients in St. Louis, Missouri, and Illinois obtain the justice and compensation they deserve.
We understand that every case is unique. That's why we are committed to providing personalized, compassionate service tailored to your needs. At Brown & Brown, LLP, you will never be just another case number. We prioritize your well-being and work tirelessly for you.
Contact Brown & Brown
In Missouri, please contact Brown & Brown by calling 314-333-3333. In Illinois, please call 618-888-8888 to set up your complimentary consultation. Or you can fill out the Appointment Request Form on this page, and we will help you schedule your Free Case Evaluation.
