If you are injured in a motorcycle crash, you may be concerned about the appropriate steps to take in your recovery. Injuries you sustain in a motorcycle wreck can significantly alter your health from injuries that take a long time to heal to permanent injuries that forever change your life. Even relatively minor injuries can significantly interfere with your daily life, including your ability to perform your usual tasks at work and at home. Some accident victims even have difficulty sleeping, standing for long periods of time, bending, or lifting.
If you are injured in a motorcycle accident, fighting for compensation may seem like an overwhelming prospect. Fortunately, you can effectively pursue a positive resolution to your case with help from a personal injury attorney. A seasoned Franklin County motorcycle accident lawyer can provide guidance for the road to recovery and handle the legal aspects of the battle on your behalf. Call and schedule an appointment with a knowledgeable injury attorney to start discussing your legal options.
Motorcycle Helmets and Injuries
According to the National Highway Traffic Safety Administration, helmet use saved approximately 1,859 motorcyclists’ lives in 2016. When motorcyclists wear helmets, they greatly reduce the risk of serious and potentially fatal head and brain injuries. Furthermore, data shows that more motorcyclists wear helmets in states that have statutes requiring helmet use.
Some states only require that individuals in certain age groups wear helmets, while others require that all individuals wear helmets when riding on a motorcycle. Under Missouri Revised Statutes §302.020, every individual who operates or rides on a motorcycle in Franklin County must wear a helmet while traveling on the roadways. Missouri’s helmet law applies to motorcyclists of all ages.
Motorcycle helmet use may affect not only your personal safety, but also any personal injury claim that you decide to pursue to recover damages. Talk to a Franklin County motorcycle accident lawyer to further understand how helmet use may affect your claim based on a bike accident.
Pure Comparative Fault in Motorcycle Accident Cases
Missouri does not recognize the doctrine of contributory negligence, which bars recovery completely based on a plaintiff’s fault in causing their own injuries. Instead, individuals who seek damages in Franklin County are subject to pure comparative fault rules.
Under pure comparative fault, you can typically bear some fault for an accident and still recover damages in an action based on negligence, even if your degree of fault surpasses that assigned to the defendant in your case. However, your recovery may be proportionally reduced based on the percentage of fault the court attributes to you. A Franklin County motorcycle accident attorney can assess the merits of any such defense and fight for your right to recover the damages the defendant’s actions or omissions caused.
Let a Franklin County Motorcycle Accident Attorney Help
The days and weeks following a motorcycle accident that left you seriously injured can be understandably tumultuous. You must make a multitude of decisions regarding health care providers, medical treatments, and the expenses that may begin to accrue from the day of the accident. Choices concerning your legal options are also yours to make, but you do not have to make them alone.
Do not be deterred by the possibility of counterarguments related to comparative fault. Even if the at-fault driver makes a claim that you are partly responsible for the injuries you sustained in a motorcycle accident, your right to recover based on the defendant’s degree of fault remains.
A seasoned Franklin County motorcycle accident lawyer could prepare you for the defenses that may arise and the burden of proof that must be met in order for you to recover. Call our firm today to learn more about your legal options.