Motorcycles can be a fun and exhilarating way to explore the open road. However, with that freedom comes a lot of risk. Motorcycle accidents can be severe and cause long-term injuries that affect a person’s quality of life. If you’ve been injured in a motorcycle accident in Missouri, you may wonder if you can file a personal injury claim.
Table of Contents
Understanding Personal Injury Law
Personal injury law covers a wide range of accidents, including motorcycle accidents. If you’ve been hurt in an accident that was caused by someone else’s negligence, you may be able to pursue compensation for your injuries and damages. When it comes to motorcycle accidents, there are several types of claims you can file based on the specific circumstances of your accident.
Determining Fault
One of the most important things to determine before filing a personal injury claim is who was at fault for the accident. In Missouri, the law follows the "modified comparative fault" rule. This means that if you were partially at fault for the accident, your compensation may be reduced. If you were more than 50% at fault, you may not be able to recover any compensation.
Types of Claims
If you were injured in a motorcycle accident in Missouri, you may be able to file one or more of the following claims:
Negligence
If the other driver’s negligence caused the accident, you can file a negligence claim. This means that the other driver failed to exercise a reasonable standard of care while operating their vehicle, and that failure caused your injuries.
Product Liability
If a defect in your motorcycle caused the accident, you can file a product liability claim against the manufacturer. This means that the motorcycle was not designed or manufactured correctly, and that defect contributed to the accident.
Premises Liability
If the accident was caused by a hazard on someone else’s property, such as a pothole or debris in the road, you may be able to file a premises liability claim. This means that the property owner failed to maintain their property correctly, leading to your accident.
Intentional Acts
If the other driver purposely caused the accident, you may be able to file a claim for intentional acts. This is not common in motorcycle accidents, but it can happen.
Statute of Limitations
It’s important to file your personal injury claim as soon as possible after your accident. In Missouri, the statute of limitations for personal injury claims is five years from the date of the accident. Waiting too long to file your claim can make it more challenging to collect evidence and build a strong case.
Working with an Attorney
If you’ve been injured in a motorcycle accident in Missouri, it’s essential to work with an experienced personal injury attorney. An attorney can help you understand your legal rights, determine who was at fault for the accident, and build a strong case for compensation. Your attorney can also negotiate with insurance companies on your behalf and ensure that you receive fair compensation for your injuries and damages.
Conclusion
If you’ve been injured in a motorcycle accident in Missouri, you can file a personal injury claim if the accident was caused by someone else’s negligence, a defective motorcycle, or a hazard on someone else’s property. The key is to work with an experienced attorney who can help you navigate the legal process and ensure that you receive the compensation you deserve.