Motorcycle accidents are far deadlier than car accidents because motorcyclists lack the frame protection an automobile offers. It is difficult to quantify what an average motorcycle accident settlement is because each has its own set of facts and circumstances. The compassionate and dedicated Missouri motorcycle accident attorneys at Steelman Gaunt Crowley can help you understand your legal rights. Contact our legal team at (573) 341-8336 to schedule a free case consultation and gain an understanding of the true value of your claim.
The Components of an Average Motorcycle Accident Settlement
There are several components that would determine the final amount of a motorcycle accident settlement.
Medical Expenses
The accident victim should demand compensation for all of the medical expenses arising from the Missouri motorcycle accident. If the victim cannot pay their medical expenses as they come due, they can negotiate a medical lien based on their anticipated settlement funds.
Lost Earnings and Diminished Earning Capacity
If the victim misses a month of work while recovering from the accident, they can demand compensation for all the earnings they lost. If they suffer long-term injury that prevents them from returning to their previous job, they can seek damages for diminished earning capacity.
Property Damage
A motorcycle is far more likely than a car to be ‘totaled’ in an accident. Given that some motorcycles cost more than $25,000, property damage compensation can be significant. Motorcycle accident victims frequently bring property damage claims together with personal injury claims.
Out-of-Pocket Expenses
Recovery from a motorcycle accident can require the victim to hire child care, pay for prescription medication, buy a wheelchair, etc. It is always important to keep receipts and invoices for all out-of-pocket expenses to claim compensation for these expenses.
Non-Economic Damages
Non-economic damages compensate the victim for intangible losses such as pain and suffering, emotional distress, loss of enjoyment of life, and more. Depending on the circumstances, non-economic damages can become a substantial amount of the overall settlement.
Punitive Damages
Courts sometimes award punitive damages in cases where the defendant’s behavior was particularly outrageous–causing an intentional road rage accident, for example. Depending on the facts and circumstances of your case, you may have the ability to file for punitive damages. Visiting with an experienced personal injury attorney in Missouri at Steelman Gaunt Crowley can help you understand your legal rights.
Wrongful Death
If the victim died because of the motorcycle accident, Missouri law allows certain surviving relatives to file a wrongful death lawsuit. Wrongful death lawsuits operate differently than personal injury lawsuits. Compensation for a successful wrongful death lawsuit tends to be high, if fault is found.
Comparative Fault
When two or more parties are at fault, Missouri applies the doctrine of pure comparative fault. A court will assign relative percentages of fault (25% for the motorcyclist and 75% for the motorist, for example). Each party will pay the other party’s damages discounted by their percentage of fault. That means even if the victim was 99% at fault, they can still receive 1% of their damages.
Missouri’s Motorcycle Helmet Law
Under Missouri law, helmet requirements vary based on age and insurance status. Riders under the age of 26, or those riding with an instructional permit, are legally mandated to wear a helmet. Riders aged 26 and over, however, are exempt from the helmet requirement if they can provide proof of health insurance and financial responsibility. This exception allows older riders more freedom, but it comes with potential legal implications. In the event of an accident, regardless of the rider’s age or insurance status, the defendant may argue that the motorcyclist’s failure to wear a helmet contributed to their injuries, especially if those injuries involve head trauma. This argument becomes particularly impactful in cases where the motorcyclist suffers severe head injuries, as the defense may claim that the injuries would not have been as catastrophic, or perhaps even avoided, had the rider been wearing a helmet as required by law.
The issue of helmet use, therefore, can play a crucial role in determining liability and the extent of damages in personal injury cases involving motorcycle accidents. The defendant’s ability to argue that the motorcyclist’s own negligence—by not adhering to the helmet law or wearing appropriate safety gear—should reduce or eliminate the defendant’s responsibility for the injuries can significantly affect the outcome of the case.
An Experienced Missouri Personal Injury Law Firm Could be a Practical Necessity After a Motorcycle Accident
Motorcycle accidents often lead to severe, life-altering injuries and significant financial losses. Unlike other types of vehicle accidents, the lack of protection offered to motorcyclists increases the risk of catastrophic harm. If you or a loved one has been involved in a motorcycle accident, seeking the help of an experienced Missouri personal injury law firm could be crucial in securing the compensation you deserve. The complexities of motorcycle accident claims, from determining fault to navigating insurance disputes, make it essential to have skilled legal representation on your side. A knowledgeable attorney can help ensure that your rights are protected and that you receive the appropriate compensation for medical bills, lost wages, pain and suffering, and other damages resulting from the accident.
At Steelman Gaunt Crowley, our team of compassionate and experienced motorcycle accident attorneys understands the challenges you face and is dedicated to providing personalized legal support throughout the entire process. We are committed to fighting for your interests and helping you rebuild your life after a traumatic event. Contact us today at (573) 341-8336 to schedule a free consultation and learn how we can assist you in obtaining the justice and financial relief you need.
