Hiring Your Motorcycle Accident Attorney In Springfield MO
I was involved in a Missouri Motorcycle accident. Do I have a case?
Not everyone who has been injured in a Missouri motorcycle accident can win a personal injury case. The person who causes the injury has to be deemed negligent, or at fault, under the law. Someone is at fault when it is his responsibility to act or behave in a certain way, but fails to and causes some type of damage or injury. There’s a lot of complexity built into that seemingly simple concept, but that’s the rough idea.
A routine traffic accident is a good example. Motorists have a responsibility to drive in a way that doesn’t hurt others. When a driver speeds, fails to yield, or rear-ends another driver and causes an injury, then that driver is negligent.
Filing a negligence claim doesn’t mean that you’re accusing the other driver of being a bad person, and it doesn’t mean you’re being greedy. It’s simply a claim that the other person’s conduct has caused you some type of harm for which you deserve to be compensated. No one is going to go to jail as a result of your civil lawsuit. The civil system offers a way for you to be made whole for the damages you’ve suffered as the result of another’s wrongful conduct.
The insurance industry, along with state and national chamber of commerce organizations, have done a great job of casting doubt on legitimately injured people and the lawyers who represent them. While there certainly are unethical lawyers and people who make fake claims, the vast majority of claimants and attorneys seek only fair compensation for the injury suffered. You shouldn’t feel guilty for pursuing a legitimate claim for injuries caused by someone else.
When you seek a settlement from an insurance company, you’re just trying to be made whole for the medical bills you’ve incurred and the pain you’ve endured. You have nothing to be ashamed of when you look out for your best interests.
Proving a Missouri Motorcycle accident case
Three elements must be present to make a successful Motorcycle accident injury or death claim:
• First, the driver must have been partially or entirely at fault in causing the accident.
• Second, the driver’s fault must have caused injury to the rider.
• Third, the motorcycle rider or the rider’s survivors suffered physical or emotional pain, suffering and other losses. Lawyers refer to these as damages, which I discuss in the next section.
As mentioned, sometimes the insurance company will argue that the motorcycle rider contributed to causing the accident and is partially or mostly at fault. When this happens, your motorcycle accident attorney needs to be experienced in applying the law of comparative fault, proving the fault of the driver and minimizing arguments that the motorcycle riders hared the blame.