Osage Beach Motorcycle Accidents Lawyer
Injured in a Motorcycle Accident? We're Here to Assist You.
Motorcycle riding can provide an exhilarating experience, but it also carries inherent risks. Unfortunately, each year, countless motorcyclists nationwide have their rides abruptly interrupted by the devastating impact of accidents. Whether you've been struck, thrown off your bike, or suffered severe injuries, we understand the immense physical and emotional toll of a motorcycle wreck. From road rash and fractures to traumatic brain injuries, your life may forever be changed due to someone else's negligence.
When faced with injuries from a motorcycle wreck, it is crucial to seek the guidance of a respected and proven motorcycle accident attorney in Osage Beach who can navigate the complexities of your claim against the responsible parties. Choosing the right legal team is one of the most important decisions you'll make. At Price & Randle, our knowledgeable team possesses the necessary qualifications and experience to diligently pursue your case, whether through negotiation or litigation. We will conduct a thorough investigation into the accident, establish fault, and vigorously advocate for your rights with the insurance company or in court. Explore our track record of success by reviewing our case results.
If you have been injured in a motorcycle crash, don't hesitate to reach out to our Osage Beach Motorcycle accident attorneys at (573) 240-8866 for a complimentary consultation.
Causes of Motorcycle Accidents in Missouri
There are various factors that can contribute to motorcycle accidents in Missouri. Some common causes include:
Distracted Driving: Drivers who are distracted by texting, talking on the phone, eating, or any other activity that diverts their attention from the road pose a significant risk to motorcyclists.
Failure to Yield: Motorists who fail to yield the right of way to motorcycles at intersections, when changing lanes, or making turns can cause serious accidents.
Speeding: Excessive speed reduces the ability to react to unexpected situations and increases the severity of accidents. Speeding is a common factor in many motorcycle crashes.
Impaired Driving: Operating a vehicle under the influence of alcohol or drugs impairs judgment, coordination, and reaction time, making it extremely dangerous for both motorcyclists and other road users.
Lane Splitting: Motorcyclists who engage in lane splitting, which involves riding between lanes of slow or stopped traffic, are at an increased risk of accidents due to limited space and drivers not expecting them.
Inexperienced Riders: Lack of experience and skill in handling a motorcycle can lead to poor decision-making, inadequate control of the bike, and increased vulnerability to accidents.
Road Conditions: Poorly maintained roads, potholes, debris, and other hazards can pose significant dangers to motorcyclists, causing loss of control or collisions.
Left-Turn Collisions: Motorcycles are often involved in accidents when other drivers fail to see them and make left turns in front of them, causing a collision.
Vehicle Blind Spots: Motorcycles can easily be overlooked in a driver's blind spot, leading to collisions when the driver changes lanes or merges without checking carefully.
Weather Conditions: Rain, snow, ice, or strong winds can create hazardous conditions for motorcyclists, reducing traction and visibility.
What is the Statute of Limitations for Motorcycle Accidents in Missouri?
In Missouri, the statute of limitations for filing a personal injury lawsuit related to a motorcycle accident is generally five years from the date of the accident. This means that you have a limited amount of time to initiate legal action against the responsible party or parties involved in the accident.
However, it is important to note that there are certain circumstances that may affect the statute of limitations. For example, if the accident resulted in a fatality, the statute of limitations for filing a wrongful death claim is generally three years from the date of the person's death.
Additionally, if the accident involved a government entity, such as a city or state agency, there may be shorter deadlines and specific notice requirements that need to be followed.
Failing to file a lawsuit within the applicable statute of limitations can result in the court dismissing your case, barring you from seeking compensation for your injuries and damages.
Consult with an Osage Beach motorcycle accident lawyer as soon as possible after a motorcycle accident to ensure that you meet all necessary deadlines and protect your legal rights.
Damages Available for Motorcycle Accident Claims
Motorcycle accident claims in Missouri may allow victims to seek various types of damages and compensation, depending on the circumstances of the case. Some common types of damages that may be available in motorcycle accident claims include:
Medical Expenses: This includes compensation for current and future medical bills, hospital stays, surgeries, medications, rehabilitation, physical therapy, and other necessary medical treatments related to the injuries suffered in the accident.
Lost Wages: If the injuries from the motorcycle accident prevent the victim from working, they may be entitled to compensation for the income lost during the recovery period. This can include both current and future lost wages, as well as any loss of earning capacity if the injuries result in long-term or permanent disabilities.
Pain and Suffering: Compensation for pain, physical suffering, emotional distress, and loss of enjoyment of life experienced as a result of the accident and injuries may be available. These damages are subjective and can vary depending on the individual circumstances of the case.
Property Damage: Motorcycle damage or loss can be compensated, including repair costs or the fair market value of the motorcycle if it is deemed a total loss.
Rehabilitation and Assistive Devices: If the accident causes long-term or permanent injuries, the victim may be entitled to compensation for necessary rehabilitation services, assistive devices, home modifications, or other accommodations needed for daily living.
Loss of Consortium: In cases where the motorcycle accident results in the loss of companionship, support, or services of a loved one, the injured person's spouse may be able to seek compensation for loss of consortium.
Punitive Damages: In cases where the at-fault party's conduct was particularly reckless or intentional, punitive damages may be awarded. These damages aim to punish the responsible party and deter similar behavior in the future.
Common Motorcycle Accident Injuries
Motorcycle accidents can result in a wide range of injuries, varying in severity from minor to catastrophic. Some common injuries sustained in motorcycle accidents include:
- Road rash (abrasions and lacerations)
- Fractures and broken bones
- Head and brain injuries (concussions, TBIs, skull fractures)
- Spinal cord injuries (partial or complete paralysis)
- Internal injuries (organ damage, internal bleeding)
- Limb amputations
- Facial injuries (lacerations, fractures)
- Soft tissue injuries (whiplash, sprains, strains)
- Neck and back injuries
- Chest and rib injuries
- Knee and leg injuries
- Shoulder and arm injuries
- Nerve damage
- Emotional and psychological trauma
Negligence in Missouri Motorcycle Accident Claims
In Missouri motorcycle accident claims, negligence is a key factor in determining liability and seeking compensation. Negligence refers to the failure to exercise reasonable care, resulting in harm or injury to another person.
To establish negligence in a motorcycle accident claim, the following elements must typically be proven:
Duty of Care: The responsible party (defendant) must have owed a duty of care to the injured person (plaintiff). In the context of a motorcycle accident, this duty is generally the obligation to operate their vehicle in a safe and reasonable manner.
Breach of Duty: It must be shown that the defendant breached their duty of care. This can include actions such as distracted driving, speeding, failure to yield, drunk driving, or any other negligent behavior that directly contributed to the accident.
Causation: There must be a direct link between the defendant's breach of duty and the injuries suffered by the plaintiff. It must be demonstrated that the defendant's negligence was the proximate cause of the accident and the resulting harm.
Damages: The plaintiff must have suffered actual damages, such as physical injuries, medical expenses, lost wages, pain and suffering, or other compensable losses.
In Missouri, the concept of comparative negligence is also applicable. This means that even if the plaintiff is partially at fault for the accident, they may still be able to recover damages. However, their total compensation will be reduced by their percentage of fault.
Proving negligence in motorcycle accident claims can be complex. It often requires gathering evidence such as accident reports, witness statements, photographs, expert opinions, and medical records.
Contact our Osage Beach motorcycle accident lawyers to assist in building a strong case and ensuring that your rights are protected throughout the legal process.