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Legally Reviewed by:

Jonathan Rosenfeld
J.D

February 27, 2024

Over $400 Million worth of case results

Awarded The Best Lawyer in 2024 by U.S. News

Nationally Recognized in Legal Community

Compared to other motor vehicle occupants, motorcycle riders are more likely to suffer severe injuries and lose their lives when involved in accidents. Missouri has the third-highest motorcycle rider fatality rate in the US, or 11.9 deaths per 10,000 riders [1].

In case of injury or the death of a loved one, people need a seasoned Missouri motorcycle accident lawyer who can build a strong case before the statute of limitations runs out. Other obstacles to fair compensation are insurers, who want to pay as little as possible, as well as other state-specific laws and regulations requiring a highly experienced attorney.

Rosenfeld Injury Lawyers is here to guide you through the process. If you or a loved one have suffered a motorcycle accident, call us at (888) 424-5757 for a free case evaluation, and read on to find out more about all the ways we can help.

Filing a Motorcycle Accident Claim With Rosenfeld Injury Lawyers

Filing a motorcycle injury claim can be a complex journey. We have attorneys specialized in cases involving motorcycle accidents to help you through every step of filing a claim.

  • Free consultation – We assess the details of your case to see if you have a legal right to compensation.
  • Case investigation – Our legal team initiates a thorough case investigation to see how to build a case under Missouri law.
  • Gathering evidence –We’ll gather strong evidence, such as accident scene footage, accident reports, and medical assessments.
  • Consulting experts – We have a network of professionals, including medical, forensic, and accident reconstruction experts, to help us get a clear understanding of the events.
  • Negotiating with insurers – An experienced motorcycle accident attorney deals with insurance companies on your behalf, ensuring you receive fair compensation.
  • Trial representation – Most claims are settled without trial. However, should negotiations prove insufficient, we prepare for trial, leveraging our courtroom experience to get you the compensation you need to recover.

What to Do After a Missouri Motorcycle Crash

After a motorcycle crash, taking the right steps is crucial for your well-being and legal protection. Here’s a step-by-step guide:

  • Ensure safety – Prioritize safety. If you’re not seriously injured, move to the side of the road and seek medical attention for any injuries.
  • Contact law enforcement – Report the accident to the Missouri State Highway Patrol, ensuring an official record is created.
  • Exchange information – Exchange contact and insurance details with the involved parties.
  • Stay at the scene – Do not leave the scene of the accident.
  • Seek legal representation – Consult an experienced motorcycle accident lawyer immediately.
  • Avoid speaking to insurance adjusters – Refrain from discussing details with an insurance company without a lawyer, as they may use any statement to make it look like the accident was your fault.
  • Preserve evidence – Preserve any evidence that may support your case, such as medical records, photos, and witness statements.

You Have Limited Time to File a Motorcycle Accident Claim in Missouri

Time is essential when filing a motorcycle accident claim in Missouri, as statutes of limitations vary for different aspects related to these incidents.

  • Personal injury – Five years from the time of the accident
  • Wrongful death – Three years after the time of death
  • Product liability – Five years

Our law firm offers a free case evaluation, providing a valuable opportunity to discuss the specifics of your case with a legal professional. Don’t let time slip away — consult with Missouri personal injury lawyers to protect your rights and pursue the compensation you deserve.

How Much Can Be Recovered in Motorcycle Accident Lawsuits

Determining settlement amounts in motorcycle accident claims is a complicated process shaped by various factors. There is no standard figure, as each case is unique.

Our law firm has successfully handled diverse cases and recovered millions on behalf of victims. Here are some of the settlements we obtained for our clients:

  • We resolved a head-on semi-truck collision, resulting in permanent serious injuries and limited mobility, with a settlement of $18,500,000.
  • Our team secured $14,100,000 for the family of a motorcyclist fatally injured due to a truck’s left turn cutting into their way.

Factors That Affect Motorcycle Accident Settlement Amounts

  • Costs of losses – This encompasses lost wages, income potential, property damage, medical expenses, rehabilitation costs, and any other financial losses incurred.
  • Extent of injuries – The severity and long-term impact of injuries will affect compensation. Severe injuries, such as spinal cord injuries, usually result in higher compensation.
  • Insurance coverage – The available insurance coverage, both from the at-fault party and the victim’s policy, plays a crucial role in determining the maximum compensation.
  • Evidence and witnesses – The strength of evidence, including accident reconstruction and witness testimonies, can impact the negotiation process.

Who Can Be Held Liable After a Motorcycle Crash

Determining liability after a motorcycle crash involves a careful examination of various factors. Here’s a breakdown of parties who may be held responsible in most cases:

  • At-fault driver – The most common scenario is when the other driver’s negligence or recklessness causes the accident. Examples include failure to yield, running a red light, or distracted driving. For example, between 2017 and 2021 alone, 2,457 people died in accidents involving aggressive drivers. [2]
  • Other drivers – Other drivers or motorcyclists involved can also be held liable if they fail to exercise due caution around a crash.
  • The authorities – If the accident results from poorly maintained roads, inadequate signage, or hazardous conditions, road authorities may be held liable. Potholes in Missouri increased in number at the start of 2024, and while nobody got hurt in the incident, just one massive pothole disabled over a dozen vehicles in January 2024. [3]
  • Vehicle manufacturers – In cases where a defective motorcycle part contributes to the crash, the manufacturer may be held liable. For instance, Harley Davidson recently had to recall several models due to a faulty fastener securing the rear shock absorber. [4]
  • Establishments serving alcohol – If the crash involves a drunk driver who was overserved at a bar or restaurant, the establishment may bear liability under dram shop laws.
  • Employers – If the at-fault driver was operating a vehicle for work purposes, their employer might be held responsible, particularly if the crash occurred during work hours.

Damages That Our Missouri Motorcycle Accident Lawyers Can Help You Recover

Our Missouri motorcycle accident lawyers can help you secure a comprehensive range of damages, such as:

  • Past and future medical bills
  • Compensation for physical pain and suffering
  • Loss of past and future wages or income potential
  • Disability or disfigurement
  • Emotional or psychological trauma
  • Vehicle repair or replacement
  • Loss of enjoyment of life

Motorcycle Accident Wrongful Death Claim

If you have lost a loved one due to a motorcycle accident, our lawyers will make sure you get maximum compensation. Families can seek compensation for the following damages:

  • Funeral costs
  • Medical bills
  • Pain and suffering
  • Loss of financial support
  • Loss of companionship

Eligibility to File a Motorcycle Accident Claim

To file a motorcycle accident claim, you must be able to prove negligence. This entails establishing the following:

  • Duty of care – Demonstrating that the other party owed a duty of care, such as following traffic rules.
  • Breach of care – Showing that the duty of care was breached through negligent actions.
  • Cause – Establishing a direct link between the breach and the accident.
  • Damages – Demonstrating measurable harm or losses resulting from the accident.

Proving Fault for Missouri Motorcycle Crashes

In Missouri motorcycle accidents, the insurance company, a judge, and a motorcycle accident attorney will have to look into the laws, the evidence, and the circumstances of the crash. Important Missouri motorcycle laws include:

  • Lane splitting – In Missouri, lane splitting or lane sharing is not explicitly prohibited, but it is not explicitly allowed either. Riders must operate motorcycles as safely and carefully as possible.
  • Protective equipment – Missouri laws mandate helmets for riders under 26. Riders with health insurance do not have to wear helmets. However, fatalities increased each year after the law was repealed in 2020 [5].
  • Required equipment – A roadworthy motorcycle needs to have a front headlamp, a rear taillight, a red brake light, a horn, functional brakes, a muffler, and mirrors.
  • Licensing – Missouri riders must have a Class M motorcycle license, permit, or driver’s license with the M endorsement. According to MoDOT, 90% of all riders involved in accidents were not properly licensed. [6]
  • Insurance – Missouri is an at-fault-based motor insurance state. Motorcyclists must carry all the same types and amounts of motor vehicle insurance as other motorists.

Missouri is a pure comparative negligence state. This means that you can receive damages as long as you’re not 100% at fault. For example, if you’re 30% responsible for the accident, and the other driver is 70% responsible, each party covers their share of responsibility. In this case, you would receive 70% from the other party’s insurance company, and the remaining 30% would come from yours.

Sometimes, it’s difficult to prove what happened in motorcycle accidents. Suppose the at-fault driver doesn’t admit fault. In that case, you may have issues receiving the compensation you deserve, or the insurance company may try to reduce your compensation with a variety of tactics.

This is why you need an experienced personal injury attorney. Our law firm will use a variety of evidence to help you, including:

  • Accident reports
  • Surveillance footage
  • Medical documentation
  • Eyewitness statements
  • Expert testimony
  • Photos and videos of the crash scene

How Much Does Hiring a Motorcycle Accident Attorney Cost

When you hire Rosenfeld Injury Lawyers, you will not pay anything upfront as we operate on a contingency fee basis. Instead, our fees will be paid as a percentage of the compensation. In other words, if we do not win, you do not owe us anything.

This arrangement ensures we can provide accident victims with first-class legal representation regardless of their financial circumstances.

Types of Cases That Our Motorcycle Accident Attorneys Handle

Our law firm has handled a diverse range of cases, and while each case is different, there are some types of accidents we see often:

  • Left-hand turn – 70% of motorcycle crashes happen at intersections as a result of drivers crossing a rider’s path [7]. Missouri has plenty of dangerous intersections, with St. Louis’ intersection of North Grand Boulevard and Montgomery Street being one of the most dangerous in the US. [8]
  • Head-on collision – These types of motorcycle accidents are common on two-lane highways. Unfortunately, Route 63 primarily consists of two narrow lanes, and it’s considered the deadliest road in Missouri, with 18 deaths on average per year [9].
  • Lane change – When car drivers don’t check their blind spots, they sometimes hit and side-swipe motorcyclists riding in the other lane.
  • Rear-ending – As motorcycles are lighter and not as stable as cars, even light contact can result in them flipping over.
  • Road hazards – Potholes, oil slicks, debris, or other road hazards can make riders lose control of their bikes. With rapidly fluctuating temperatures, Missouri roads experienced thousands of new potholes in 2024 alone. [10]
  • Dooring – Dooring happens when a car occupant opens their door into a rider’s path, either hitting them or causing them to swerve and hit another vehicle or fall into oncoming traffic.

The Most Common Injuries We See Among Motorcycle Accident Victims

Motorcycle accidents frequently result in death or serious injuries, such as:

  • Traumatic brain injuries (TBIs)
  • Spinal cord injuries
  • Fractures and broken bones
  • Road rash and severe abrasions
  • Internal organ damage
  • Limb amputations

Missouri motorcycle accident injuries

The Most Common Causes of Motorcycle Accidents

  • Impaired driving – Alcohol impairment contributes to a significant number of motorcycle accidents. In Southwest Missouri, alcohol-related fatalities increased by 72% in 2023 [11].
  • Reckless driving – Aggressive or reckless behavior, such as excessive speeding, contributes to a substantial portion of motorcycle accidents. According to research, 38% of motorcycle drivers killed were speeding [12].
  • Distracted driving – The use of mobile devices and other distractions causes an increasing number of fatalities each year. In more than half of the cases, it’s someone other than the distracted driver. In 2023, the Hands-Free Law was implemented in Missouri to reduce the harmful practice [13].
  • Breaking traffic laws – Violations like running red lights and failure to yield contribute to collisions, with 10% of accidents involving traffic law violations.
  • Driving without a license – 35% of motorcycle drivers killed were either unlicensed or improperly licensed [14].
  • Faulty vehicle parts – Defective motorcycle parts or vehicle issues contribute to accidents, highlighting the importance of regular maintenance and vehicle manufacturer responsibility.
  • Not wearing a helmet – It’s estimated that 44% of fatally injured motorcycle riders in Missouri were not wearing helmets. Riders without a helmet are also five times more likely to suffer severe head injuries [15].

Missouri motorcycle accident causes

Differences Between Car and Motorcycle Accident Cases

There are important distinctions between motorcycle accidents and cases involving other motor vehicles, which is why a Missouri car accident lawyer might not be able to handle your case.

  • Severity of Injuries – Motorcycles often result in more severe injuries due to the lack of protections such as seatbelts, airbags, and the general protection of cars, trucks, or vans.
  • Visibility – Motorcycles are smaller and less visible, meaning other motorists often don’t see them quickly enough.
  • Road hazards – Motorcycles are more vulnerable to road hazards like potholes and oil slicks.
  • Bias against motorcyclists – Motorcycle cases may face biases, requiring experienced attorneys for fair negotiations.
  • Lane splitting – It is neither illegal nor explicitly legal in Missouri. In case of lane spitting, you need a seasoned Missouri lawyer specializing in motorcycle accidents.

How Long Does Settling a Motorcycle Accident Case Take

Settling a motorcycle accident case usually lasts more than six months. The duration hinges on several factors, including the case’s complexity, the severity of injuries, and the level of cooperation from all parties involved.

Hiring a lawyer promptly is crucial, as we can initiate investigations, gather essential evidence, and engage with insurance companies efficiently, expediting the overall process.

Delays may arise during negotiations or potential legal proceedings. A swift legal response not only safeguards your rights but also increases the chances of a timely and favorable resolution.

Contact a Missouri Motorcycle Accident Attorney Today!

Our track record showcases millions recovered for clients, emphasizing our commitment to getting maximum compensation. With a contingency fee structure, you pay nothing unless we win your case.

Don’t navigate the legal complexities and underhanded tactics of insurance companies alone. With an experienced, compassionate, and persistent motorcycle accident lawyer, you can focus on your health and your family instead.

Contact Rosenfeld Injury Lawyers now at (888) 424-5757 or through our online form. Your rights matter, and we’re here to protect them.

Sources: [1] KMBC, [2] Missouri Coalition for Roadway Safety, [3] FOX4KC, [4] NHTSA, [5] KY3, [6] Missouri Department of Transportation, [7] DMV, [8] The Times, [9] FourStatesHomepage, [10] FOX4KC, [11] KY3, [12] Missouri Department of Transportation, [13] Missouri Department of Transportation, [14] KY3, [15] Missouri Department of Transportation

Client Reviews

Jonathan Rosenfeld was professionally objective, timely, and knowledgeable. Also, his advice was extremely effective regarding my case. In addition, Jonathan was understanding and patient pertaining to any of my questions or concerns. I was very happy with the end result and I highly recommend Jonathan Rosenfeld.

- Michonne Proulx

Extremely impressed with this law firm. They took control of a bad motorcycle crash that left my uncle seriously injured. Without any guarantee of a financial recovery, they went out and hired accident investigators and engineers to help prove how the accident happened. I am grateful that they worked on a contingency fee basis as there was no way we could have paid for these services on our own.

- Ethan Armstrong

Jonathan helped my family heal and get compensation after our child was suffered a life threatening injury at daycare. He was sympathetic and in constant contact with us letting us know all he knew every step of the way. We were so blessed to find Jonathan!

- Giulia

This lawyer really helped me get compensation for my motorcycle accident case. I know there is no way that I could have gotten anywhere near the amount that Mr. Rosenfeld was able to get to settle my case. Thank you.

- Daniel Kaim

Jonathan did a great job helping my family navigate through a lengthy lawsuit involving my grandmother's death in a nursing home. Through every step of the case, Jonathan kept my family informed of the progression of the case. Although our case eventually settled at a mediation, I really was impressed at how well prepared Jonathan was to take the case to trial.

- Lisa
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