Your Legal Rights After a Motorcycle Accident in Kansas City, Missouri
A motorcycle crash can change your life in seconds. You may feel pain, fear, or anger. It can be hard to think clearly. But if the crash happened in Kansas City, Missouri, you have legal practice rights. Knowing these rights helps you protect your health, your money, and your future.
What to Do Right After a Crash
Call 911. Let the police come to the scene. Don’t skip this step. A police report can help your case later. Get medical help. Don’t wait, even if the pain feels small. Some injuries show up late. A doctor visit gives you proof of injury. Take photos. Get shots of your bike, the other car, the road, your helmet, and your injuries. Try to get names and phone numbers of any witnesses. Stay calm. Do not argue. Don’t admit fault. Just give the facts.
Who Pays for the Damage?
Missouri is an “at-fault” state. That means the person who caused the crash must pay for damages.
You can ask for money for:
- Doctor visits and hospital bills
- Missed paychecks
- Bike repair or replacement
- Pain and stress
- Therapy or rehab
This money usually comes from the at-fault driver’s insurance. You do not have to use your own insurance unless the other driver has none.
You Can Be Partly at Fault
Sometimes both drivers share blame. That’s okay. Missouri follows a “pure comparative fault” rule. Here’s what it means: If you were 30% at fault, you still get 70% of the payout. If your losses were $10,000, you’d get $7,000. Even if you made a mistake, you may still get paid. Don’t give up. Let a lawyer review the facts.
Do You Need a Lawyer?
You don’t have to get one. But it helps. A motorcycle crash case can be tricky. Insurance companies often offer low deals. A Kansas City Motorcycle Accident Lawyer helps you avoid mistakes.
A lawyer can:
- Talk to the insurance company for you
- Gather your records and photos
- Prove the other driver was at fault
- Push for a fair deal
- Take your case to court, if needed
Most motorcycle injury lawyers don’t charge upfront. They only get paid if they win your case.
What If You Weren’t Wearing a Helmet?
Missouri law says riders age 26 or older can go without a helmet if they have health insurance. If you didn’t wear a helmet and got hurt, it might affect your case. The insurance company may try to blame your injuries on that. But it depends. If you hurt your arm, not wearing a helmet doesn’t matter. If you had a head injury, it might lower the amount they offer. Still, not wearing a helmet won’t stop you from filing a claim. It just adds a new layer to your case.
Common Motorcycle Crash Injuries
Motorcyclists are exposed. No seatbelt. No airbag. That’s why even small crashes can hurt badly.
Here are some common injuries:
- Head injuries
- Neck or back pain
- Broken bones
- Burns
- Cuts and road rash
- Mental stress or fear
Some injuries heal fast. Others last months or years. Some never heal all the way. That’s why getting fair payment is so important.
You Have a Deadline
In Missouri, you have five years to file a personal injury lawsuit. This is called the “statute of limitations.” Don’t wait too long. Over time, memories fade. Photos and records get lost. It’s best to act while the facts are fresh.
Also, some crashes involve city or state vehicles. If that happens, you may have only 90 days to file a claim. A lawyer can help you figure out the right deadline.
Don’t Talk to the Insurance Company Alone
The other driver’s insurance adjuster may call you. They might ask for a recorded statement. They may sound friendly. Don’t be fooled. They’re trained to protect their company’s money. They may try to get you to say something that hurts your case. They may offer you a fast, low payout. Say this: “I’m not ready to talk. I’ll speak with a lawyer first.” That’s your right.
What Helps Your Case?
Good records help. The more proof you have, the better your case.
Here’s what to keep:
- Police report
- Doctor and hospital bills
- Photos of the crash and injuries
- Witness names and contact info
- Records of missed work
- Notes on how you feel day to day
Write down how your injury affects your life. Can’t work? Can’t sleep? In pain all the time? That info matters.
What If the Other Driver Has No Insurance?
It happens. Some drivers break the law and have no coverage. If they hit you, all is not lost. Most Missouri policies include uninsured motorist coverage. That means your own insurance may help cover the costs. Check your policy. Ask your agent. If you’re not sure what it covers, a lawyer can help you find out.
What If Bad Roads Caused the Crash?
Kansas City roads are not perfect. Potholes, loose gravel, poor signs — any of these can lead to a crash. If the road caused your crash, you might have a case against the city or state. These cases are hard and must be filed fast. You’ll need a lawyer to help.
What If a Defective Part Caused It?
Sometimes it’s not the driver who caused the crash. It could be a bad brake, faulty tire, or helmet that didn’t work right. These are product defect cases. You might be able to sue the maker of the bike or part. These cases need expert help, but they are possible.
FAQs
1. Can I still get money if I was not wearing a helmet?
Yes. You can still file a claim. But the insurance company might reduce your payout if your injury was to your head.
2. Should I see a doctor even if I feel fine?
Yes. Some injuries show up later. A doctor visit protects your health and gives proof for your case.
3. What if I don’t have money for a lawyer?
Most lawyers don’t charge upfront. They only get paid if you win. This is called a “contingency fee.”
4. Can I file a claim if the crash was partly my fault?
Yes. Missouri allows claims even if you were partly to blame. Your payout may be lower, but you can still get money.
5. Will my case go to court?
Most don’t. Many cases settle out of court. But if the insurance company won’t offer a fair deal, your lawyer may take it to court.
Bottomline
A crash is scary and painful. But you don’t have to face it alone. You have rights. Talk to a local Kansas City personal injury lawyer. Protect your health, your money, and your future. Get help now. You deserve it.