Understanding Comparative Fault in Motorcycle Accident Claims
Jan. 7, 2025
Motorcycle accidents often result in serious injuries and significant financial burdens. Here at Johnson Law Firm, clients need to know that anyone can find themselves involved in an accident. Seeking compensation and defending your rights is why you should work with an experienced personal injury lawyer in St. Joseph, Missouri.
Motorcycle accidents often result in significant injuries and financial losses. When pursuing compensation, the concept of fault becomes a critical factor. Missouri uses a comparative fault system, which means responsibility for an accident can be divided among the parties involved. Understanding how this affects personal injury claims is essential for anyone involved in a motorcycle accident.
What Is Comparative Fault?
In Missouri, comparative fault determines how liability is assigned in accident cases. The state follows a pure comparative fault rule. This allows individuals to recover damages even if they, themselves, are primarily at fault. However, the amount of compensation is reduced by the percentage of fault assigned to the claimant. For example, if you are found 80% at fault for your own motorcycle accident and awarded $1,000,000 in damages, you would only receive $200,000. On the other hand, when the crash is 80% the other guy's fault, then you'd end up with $800,000 and the remaining difference is something he won't have to pay.
This system differs from modified comparative fault rules used in other states, where individuals cannot recover damages if their share of fault exceeds a certain threshold. Missouri’s approach enables claimants to seek compensation despite a significant degree of fault, though it also opens the door to disputes over liability percentages.
How Fault Is Determined in Missouri Motorcycle Accidents
Fault in motorcycle accidents is determined through an analysis of the evidence. Missouri law considers various factors to evaluate liability, including:
Traffic violations: Any failure to adhere to traffic laws, such as speeding, failing to yield, or running a red light, is closely examined.
Driver behavior: Actions such as distracted driving, reckless maneuvers, or impairment by drugs or alcohol can shift liability.
Road conditions: Poorly maintained roads, debris, or construction zones may contribute to accidents but do not necessarily absolve drivers of fault.
Vehicle maintenance issues: Malfunctions like faulty brakes or worn tires could assign partial responsibility to the vehicle owner or manufacturer.
By assessing these factors, investigators can determine the sequence of events leading to the crash and assign fault accordingly.
Challenges of Comparative Fault in Motorcycle Claims
Missouri’s pure comparative fault rule can create unique challenges for motorcycle accident claims. Insurance companies and opposing parties often attempt to assign a higher percentage of fault to motorcyclists, which can reduce the compensation owed. Common arguments include:
Speeding: Claiming the rider was traveling above the speed limit, even slightly, is a frequent tactic.
Failure to signal: Allegations that the motorcyclist didn’t indicate a turn or lane change can shift fault.
Helmet use: While Missouri law requires helmets for all riders, failure to wear one may lead to arguments that the injuries sustained were more severe as a result.
Lane splitting: Although not addressed specifically by Missouri law, lane splitting can be framed as reckless behavior.
These arguments highlight the importance of presenting clear and compelling evidence to refute unfounded claims and minimize any perceived fault.
Key Steps After a Motorcycle Accident
If you’re involved in a motorcycle accident in Missouri, taking certain steps can strengthen your personal injury claim and protect your interests:
Seek medical attention: Immediate medical care not only addresses injuries but also establishes a clear record linking them to the accident.
Document the scene: Photograph the vehicles, road conditions, and any visible injuries to preserve evidence.
File a police report: Law enforcement documentation can play a critical role in determining fault.
Obtain witness statements: Statements from bystanders can support your version of events and counter conflicting accounts.
Avoid admitting fault: Even casual remarks can be interpreted as an admission of responsibility. It’s best to stick to factual descriptions and avoid speculating about the cause of the crash.
These steps help create a strong foundation for a claim by providing evidence that demonstrates negligence by the other party.
Common Scenarios That Involve Shared Fault
Motorcycle accidents often occur in ways that lead to shared fault disputes. Some of the most common scenarios include:
Left-turn accidents: Drivers making left turns may claim the motorcyclist was speeding or didn’t have the right of way.
Rear-end collisions: The driver who hits a motorcyclist from behind may argue the rider stopped suddenly or failed to signal.
Intersection crashes: Both parties might dispute who had the right of way, especially in cases where traffic signals are unclear or ignored.
Lane merging: Drivers and motorcyclists frequently accuse each other of failing to check blind spots during lane changes.
In each of these scenarios, the evidence gathered immediately after the crash can significantly impact the allocation of fault.
Law Firms in Comparative Fault Cases
Handling a motorcycle accident claim that involves comparative fault requires a thorough understanding of Missouri law. An experienced law firm can investigate the accident, gather evidence, and negotiate with insurance companies to protect your rights. In many cases, they can refute unfounded claims and work to reduce your assigned percentage of fault.
Injury law firms often work with accident reconstruction experts to determine the exact cause of the crash. These experts can provide testimony that clarifies the sequence of events, identifies the primary negligent party, and strengthens the case for compensation.
Damages Available in Missouri Motorcycle Accident Claims
Even if you’re partially at fault for a motorcycle accident, Missouri law allows you to recover damages proportional to the other party’s negligence. Common types of damages include:
Medical expenses: These encompass emergency care, hospital stays, rehabilitation, and long-term treatment.
Lost wages: Compensation for income lost due to the inability to work, including future earnings if injuries lead to long-term disability.
Pain and suffering: Non-economic damages that account for physical pain, emotional distress, and diminished quality of life.
Property damage: Costs to repair or replace your motorcycle and any other personal property damaged in the accident.
To maximize recovery, claimants must present thorough documentation of their losses and clearly demonstrate how the other party’s negligence caused their injuries.
How Helmet Use May Impact Claims
Missouri’s helmet law requires all motorcyclists to wear helmets. Failing to comply with this law could impact a personal injury case. For example, if you sustain a head injury in an accident and weren’t wearing a helmet, the defense may argue that your failure to follow the law contributed to the severity of your injuries.
This doesn’t bar you from recovering damages but could reduce the amount awarded. Demonstrating the other party’s negligence remains the primary focus, and medical testimony can often mitigate arguments about helmet use.
Moving Forward After a Motorcycle Accident
Missouri’s comparative fault system allows motorcyclists to recover damages even when they share responsibility for an accident. However, successfully pursuing a claim requires strong evidence, a clear understanding of the law, and skilled legal representation. By taking immediate action after a crash and working with a knowledgeable law firm, accident victims can seek the compensation they need to move forward.
Reach Out Today
If you’re ready to discuss your motorcycle accident claim, Johnson Law Firm is here to help. Nathan D. Johnson offers his clients years of experience in dealing with criminal defense and personal injury cases. He serves clients throughout the St. Joseph area, including Country Club, Platte City, Plattsburg, Stewartsville, Savannah, Cameron, and Lathrop. Don’t let disputes over fault prevent you from receiving justice and support. Call today to get started.