While Missouri’s at-fault laws might seem a bit harsh, you also need to remember that the state follows a system of “pure comparative negligence.”
Filing a personal injury lawsuit can be very confusing after a motorcycle accident in Kansas City – especially if you’re totally unfamiliar with the legal world. However, navigating the legal world is incredibly important – especially if you desperately need compensation for medical expenses, missed wages, emotional distress, and other damages. The stakes may be raised even further if you have lost a loved one in a fatal motorcycle accident. But how exactly do state and local laws affect your ability to recover a settlement with your lawyers?
Missouri Is a Tort State
The first thing you need to know is that Missouri is considered a “tort state” or an “at-fault” state. This means that in order to file a lawsuit and receive compensation, you must prove that someone else’s negligence led directly to your injury. For example, a vehicle might have cut you off. Or perhaps the driver was drunk or distracted. Whatever the case may be, you cannot receive a settlement unless you show that negligence was a factor.
Note that Missouri is not like a “no-fault” state. In these states, you could file a claim and receive compensation without ever holding anyone else accountable. This would make it easy to receive compensation for single-vehicle crashes. For example, you could still receive compensation in a no-fault state if you lost control and crashed your motorcycle into a utility pole with no other vehicles involved.
Pure Comparative Negligence in Missouri
While Missouri’s at-fault laws might seem a bit harsh, you also need to remember that the state follows a system of “pure comparative negligence.” This allows you to file a claim and receive compensation even if you were partly to blame for your own accident. For example, you might have been speeding at the time of your crash – but another vehicle might have still cut you off. In this situation, you could still file a claim – but your settlement would be limited by your level of fault. For example, you could be held 70% liable for your own injuries. In this situation, you would receive 30% of your normal settlement.
Helmet Laws in Missouri
Finally, it’s worth noting that there is no legal requirement to wear a helmet while operating a motorcycle in Missouri. This means that your failure to wear a helmet cannot be held against you as a sign of liability in a motorcycle accident.
Where Can I Find a Qualified Motorcycle Accident Lawyer in Kansas City?
If you’ve been searching for Kansas City motorcycle accident lawyers, there are many professionals who can assist you. These Missouri motorcycle accident lawyers have helped many other victims in your exact same situation, and they can guide you towards a fair settlement. With help from motorcycle accident lawyers, you can gain an understanding of how this legal system works. From there, you can pursue the compensation you need to pay for medical expenses, missed wages, and more. Book your consultation with qualified accident lawyers today.
Sources:
- https://wallethub.com/answers/ci/is-missouri-a-no-fault-state-2140699283/
- https://revisor.mo.gov/main/OneSection.aspx?section=537.765
If you have further questions about this article or legal concerns call 800-672-3103.
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