Motorcycle accidents have the ability to change lives in a matter of seconds. Motorcyclists end up with severe injuries. The majority of them have extended recovery periods and heavy medical bills. Kansas City personal injury lawyers work towards helping victims recover compensation. Here is how they proceed.
Step 1: Free Case Review
Most lawyers start with a free consultation. The rider describes what occurred. The lawyer asks questions and listens. This helps the lawyer figure out if there is a case.
They look for relevant facts:
- Where did the accident take place?
- Who did it occur to/from with?
- Were the police called?
- Is there a photo or video?
- Did somebody see the accident?
The lawyer also checks to see if the rider got medical attention. This kind of information helps to figure out if they can win. If the rider is not yet in possession of medical records, the lawyer can help them find their way to a good clinic. Quick treatment is critical. Waiting too long can ruin the case.
Step 2: Getting Medical Records
The attorney gathers all of the medical records. These show how bad the injuries are. They also show what kind of care the rider will need now and in the future. Doctor and hospital bills help prove the cost. They can also speak to physicians. This is done to understand why the injury occurred and how it will impact the rider’s life in the future. In case the injury is permanent, all bets are off. The attorney will request future care and loss of earnings expert reports.
Step 3: Investigating the Crash Scene
Lawyers or representatives of lawyers can go to the site of the accident. They check the road, road signs, etc. Footage and photographs can reveal whether the other driver made a mistake. Crash experts can also be invited. These experts study the accident and prepare reports. If a city or state record of road design or signage was involved, the lawyer could check city or state records. The city is, on occasion, liable for hazardous roads.
Step 4: Questioning Witnesses
If there is a witness to the accident, his testimony is useful. Lawyers simply ask questions to get all the facts. Good witness testimony agrees with the rider’s testimony. Witnesses will also notice things the cameras won’t. Like if the driver was sending a text. Or ran a red light. Those little things establish fault.
Step 5: Finding the Other Driver’s Insurance
The attorney finds out who insures the driver who caused the wreck. They research how much insurance the policy pays. This tells us how much money is available. If the driver lacks coverage or very little, the attorney will check if the rider has uninsured protection on the policy. There are some riders who do not realize that they have additional protection. Attorneys check all the sources available.
Step 6: Building a Good Claim
The attorney collates all the evidence. They may include:
- Police report
- Photos
- Medical reports
- Witness statements
- Expert reports
They send this to the other driver’s insurance company. They ask for fair payment. They also give a letter outlining what happened. The letter shows how the accident changed the rider’s life.
Step 7: Dealing with Insurance Adjusters
Insurance companies may offer low settlements. They like to save money. The lawyer resists with evidence. They complain why the rider deserves more. They may also give previous verdicts as a starting point for the amount they are owed. This is a reflection of what comparable circumstances received. Occasionally, this step is performed in weeks or months. Lawyers keep the rider updated meanwhile.
Step 8: Filing a Lawsuit (If Necessary)
When the insurance company does not agree to settle, the lawyer will file a lawsuit. This starts a legal process. Both sides share facts, take depositions, and prepare for court. A deposition is when attorneys interview individuals under oath. This helps both parties better know the case. Most cases settle prior to court. But lawyers are ready to go to court if needed.
Step 9: Going to Court (Unusual, But Possible)
If the case goes to trial, the lawyer represents the rider. They introduce evidence and seek a fair amount from the jury. Trials are disturbing, but a good lawyer prepares the rider beforehand. They can use drawings or models to describe injuries. Plain evidence makes it easier for the jury to visualize what occurred.
Step 10: Paying the Rider
When the case is over, the attorney negotiates payment. They do paperwork and deal with insurance firms. Riders can receive a check in just a matter of weeks after the case closes. If there are bills to pay, the attorney helps sort them out. They also can lower bills through doctor or hospital negotiations.
Other Help Attorneys Offer
Attorneys also help:
- Fix or replace the motorcycle
- Obtaining quality doctors
- Handling lost wages
- Keeping bill collectors off your back during the case
- Handling claims for injured property
- Getting rental cars if needed
They also explain each process. Riders do not have to guess what is being done.
Why Are Motorcycle Cases Different?
Riders are blamed a lot. Even if it is not their fault. Insurance companies will say that the rider was speeding or helmetless. Lawyers disagree with such arguments. They present facts that the rider was careful. And bicycle accidents tend to provide more serious injuries. That means higher medical bills and longer recovery times. Good lawyers understand that and insist on full payment. Motorcycles also do not protect the rider as cars do. Therefore, even a small accident can cause tremendous harm. Attorneys exploit this fact to attempt to recover more money.
Kansas City Laws That Matter
Kansas City follows the laws of Missouri state. These are some of the most relevant rules:
- Helmet law: Riders below the age of 26 need helmets unless they have medical insurance.
- Comparative fault: If the rider is partly at fault, they’re paid nonetheless. But it might be less.
- Statute of limitations: Riders have 5 years in which to file a case, though.
Good lawyers know all about all these laws. They use them to defend their clients. They also keep up with law changes. That way, they can give the best advice.
FAQs About Motorcycle Crash Cases in Kansas City
1. Can I still sue if I wasn’t wearing a helmet?
Yes. Not having on a helmet may devalue your claim, but it does not exclude it. Your attorney will fight to establish the wreck caused the injury, not the helmet.
2. What if the other driver ran away?
That’s a hit-and-run. Your own policy may still cover you. An attorney can help find evidence and file a claim. They can also work with the police to locate the driver. Cam footage and witness tips tend to work.
3. Do I pay the lawyer in advance?
No. In general, personal injury lawyers practice on a “no win, no fee” basis. They only get paid if you receive payment. That is, there is very little risk to the rider. The lawyer spends money until the case reaches a conclusion.
4. Will I get paid if the motorcycle crash was partially my responsibility?
Yes. Payment is lawful in Missouri even if you were partially to blame. Payment will be in the amount of your fault. Even if you were 30% at fault, you can expect to receive 70% of the maximum claim.
5. How long does a motorcycle case take?
It varies. Some cases settle within a few months. Others take a year or more, particularly if they are heard in court. Those with severe injuries or ambiguous facts usually take longer. Your attorney will provide updates as developments occur.
Endnote
Motorcycle accidents can be frightening and unfair. But you don’t have to go through it by yourself. A Kansas City motorcycle accident lawyer knows what needs to be done. They’re with you, fighting for you, and getting you back on the road. With them in your case, you can recover while they handle the rest.
