Kansas City Motorcycle Accident Lawyer

Ambitious motorcyclists in the Kansas City area are ready to take on the open road. Sadly, even experienced motorcyclists face the tragedy of a motorcycle crash. The insurance company stereotypes motorcycle riders. This leads to poor treatment and many cases of unfair compensation. Alongside the insurance battle, the demands of day-to-day life don’t stop. The odds keep stacking against you. Medical bills and lost wages put your family under financial stress or even ruin. This all happens despite the high costs of a motorcycle crash.

Insurance companies know this and often try to take advantage. Don’t make the mistake of talking to the insurance adjuster and giving a statement following the accident. They have a well-planned line of questioning to interrogate you shortly after the crash. Those conversations are most often recorded and can be used against your case.

Mann Wyatt Tanksley Injury Attorneys has won many motorcycle cases for victims. With over 7 decades of combined legal experience, the powerhouse of trial law are the team you need fighting in your corner! Our services and client care allow you to focus on healing. We handle negotiations, gathering and submitting documentation, and work to get you the compensation you deserve. Contact our Kansas City motorcycle accident lawyers. You may be able to recover much more than what the insurance company wants to offer you.

How to Prove Negligence After a Motorcycle Accident in Kansas City

Proof of fault is the first step to compensation in the legal world. Negligence is the legal term used to refer to proof of fault, and it contains four elements. There must be a fault determination in your favor for you to get compensation from a settlement. As Kansas City motorcycle accident lawyers, we can work to prove these elements so your case can stand.

Duty of Care

Drivers and motorcyclists must exercise caution when occupying the road together. The legal idea of ‘duty’ reflects an obligation. It is to safeguard others’ welfare when driving. This duty is can be uncontested in personal injury claims, but sometimes even the idea of what drivers’ duties are is the subject of dispute with the insurance company that is trying to settle cheap or avoid liability. This duty requires all drivers to follow the rules of the road and avoid actions that may risk others’ safety.

Breach of Duty

Once a driver neglects (the legal term is “breach”) their duty towards a motorcyclist, they’re considered negligent. This duty is to uphold legally established standards of care. Examples of breach or violation of this duty include texting, drinking and driving, applying makeup, or simply not paying attention.

Talking with passengers or looking at the scenery on the road instead of focusing on the road is also negligent.

All these examples fall into doing something one shouldn’t do (acts of commission). There can also be negligence in failing to do something that should be done (an act of omission). Failure to use your turn signal or come to a complete stop are both prime examples.

Causation

Causation must establish a breach of duty as the direct link to the injuries in question. It must be clear that the defendant’s actions or inaction caused the injuries to the victim. The victim must suffer harm for there to be legal causation to blame the at-fault driver. The harm must at least cause physical injury that results in medical expenses, but lost wages, and emotional damages (pain and suffering) are recoverable. Motorcycle riders often have the highest medical expenses. They endure much worse injuries due to limited protection on the motorcycle.

Damages

Damages are the harm that results in monetary (economic and non-economic loss) endured by the victim. It’s common for the at-fault driver and their defense team their team to attempt to shift the blame t to avoid financial liability. This is why it’s important not to give an early statement to the insurance adjuster following the accident. They are looking to see if any injuries could be unrelated, or if fault can be assigned to you. Insurance companies also look hard for so-called “pre-existing injuries” or “pre-existing conditions” that an accident might have. Restoring the plaintiff for the medical expenses and lost wages, or compensating through money in a way that is helpful and meaningful, is the ultimate goal of compensatory damages.

At Mann Wyatt Tanksley Injury Attorneys, we’ve got you covered. We’ll collect all evidence to investigate and, if necessary, reconstruct the accident, and present a persuasive case for the money compensation that you deserve.

Compensation Available for a Kansas City Motorcycle Accident

You need to be compensated fairly. It’s our job to prove that your injuries were caused by the negligence of the defendant. We also advocate for aggravated pre-existing conditions. The at-fault driver can be held responsible for pre-existing conditions that were made worse due to the accident. In short, the at-fault driver doesn’t just get a pass because you had some normal pre-existing issue as a result of aging.

Pain and suffering damages are not capped or legally limited in Kansas or Missouri where a plaintiff is recovering from a motorcycle accident. If someone dies because of another person or entity’s negligence, survivors can claim damages for their own bereavement, loss of financial support, loss of household services, and loss of consortium (i.e., loss of the benefits of a marital relationship, including emotional support, loss of the intimate relationship, and loss of companionship). Compensation cannot turn back time or magically undo the damage from a crash. Nonetheless, it can be useful to the injury victim or their family, and it can give the needed comfort and closure by taking legal action.

All Recoverable Damages

All injuries, trauma, and most losses from a motorcycle accident are eligible for compensation. These losses funnel into three types of damages: economic, non-economic, and punitive damages.

ECONOMIC DAMAGES

Financial losses resulting from an accident are considered economic damages.

  • Lost wages (unable to work while recovering from motorcycle injuries or unable to work in the future)
  • Medical bills (hospital visits, doctor appointments, surgeries, etc.)
  • Long-term treatment (all ongoing treatment related to the accident)

NON-ECONOMIC DAMAGES

Non-economic damages represent human losses. These damages are more subjective, but they are incredibly important and often make up the most valuable part of any serious injury or death case. They relate to the physically painful and emotional impact of the accident on the victim’s life.

  • Emotional damage
  • Psychological damage
  • The costs of disfigurement
  • Physical and mental Pain and suffering

PUNITIVE DAMAGES

Punitive damages are in place to punish a defendant for particularly egregious conduct in cases where the at-fault driver is considered to be reckless or wanton.

  • Drunk driving
  • Excessive speeding or participating in illegal street racing
  • Knowingly driving a vehicle with faulty or unsafe equipment
  • They were trying to hurt the motorcyclist. Or, they were acting with reckless disregard for the motorcyclist’s safety.
  • Leaving the scene of the accident (hit and run)

Motorcycle Accident Injury Case Results

Mann Wyatt Tanksley Injury Attorneys has secured millions of dollars of compensation for motorcycle accident injury clients over the years. A few recent examples are:

  • $1,600,000 settlement
  • $500,000 settlement
  • $225,000 settlement

We understand that the value of life is priceless. No one in their right mind would choose compensation from tragedy. They would choose a prosperous and healthy life. The dollar amount we’re fighting for is to make our client as whole as the law allows through the only tool that the law affords: money compensation. Life is priceless. Quality of life is too. So, we must demand maximum compensation if we have to try to put a dollar value on that priceless loss. Choose a Kansas City injury attorney who understands this crucial concept. They should be willing to fight for you and your family.

Timeframe to File a Claim in Kansas City

Keep in mind which side of Kansas City the motorcycle accident occurred in. Missouri law states that, in most cases for an adult victim, there’s a 5-year time limit on personal injury claims. This limit applies to motorcycle accidents.

Kansas law has a much shorter time frame for adult motorcycle accident victims: only 2 years from the date of the accident to file a claim.

Many people are unaware of these deadlines and end up losing their right to sue. Consult with an experienced attorney for free. Do it soon to ensure your case is properly investigated and evidence preserved.

Motorcycle Law in Kansas City

Respecting the freedom of motorcycle riding means obeying state laws for motorcyclists.

Missouri Law

Missouri law requires riders to operate with a class M motorcycle license.

Missouri also instructs anyone below the age of 26 must ride with a helmet. Riders are permitted to ride without a helmet if they are 26 years old or older and have medical insurance.

The youngest you can begin riding is at age 15 ½. The exact duration is 15 years and 182 days. This is a temporary motorcycle instruction permit. It will only be issued if you have finished an approved motorcycle rider training course.

Currently, no laws in Missouri make lane-splitting illegal. It’s extremely risky and you have an increased likelihood of getting in an accident.

Kansas Law

Bikes in Kansas must display well-lit headlights and any other lamps on the vehicle while on the highway.

The minimum age requirement to operate a motorcycle in Kansas is 14 years old.

Helmets are required for all riders under the age of 18.

Lane splitting is against Kansas state law. However, motorcycles can use the full width of a lane. Or, they can choose to share a lane with another motorcyclist.

Year after year, some part of the law changes. This can leave riders confused by the complex language of a legal update. An experienced attorney from Mann Wyatt Tanksley can clear up any misunderstandings you may have.

Dealing with the Insurance Company Following the Motorcycle Accident

The insurance company’s job is to settle for as little as possible as quickly as possible. Keep in mind that all communication they’re trying to make with you is not generally for your benefit; it’s for the benefit of the insurance company. They’re most often trying to build a case against you to ensure you receive as little of their money as possible.

We know that after the motorcycle accident, what matters to you is healing and fair compensation. The initial offer from the insurance company may sound good. Nonetheless, you can benefit by not taking it without first consulting a personal injury attorney.

History shows that motorcycle accident victims who hire an attorney get 30-40% more compensation than they would alone, after the attorney fee. Our firm has recovered far more than this for many motorcycle accident victims. The attorneys at Mann Wyatt Tanksley want to allow you to account for future medical expenses, lost wages, and the true value of your pain, suffering, and mental anguish. Without fair compensation, you may be left with a lifelong financial battle that could have been prevented.

Contact a Kansas City Motorcycle Accident Lawyer

The claims process for a motorcycle accident in Kansas City is just one more daunting task you will have to manage if you don’t have a lawyer. Our team at Mann Wyatt Tanksley Injury Attorneys can take this weight off your back. This will allow you to focus on healing and recovery.

Our firm earns a fee on a contingency fee basis. This means we don’t get paid unless we win for you in the end! Contact us today for a free case evaluation with one of our attorneys. Our firm is here to help you. We will assist with the legal process and fight to get the compensation you deserve.

We offer a free case evaluation to show you the true value of your claim and guide you through the next steps of the legal process.