What Happens If I Am Partially At Fault For A Motorcycle Accident?
Missouri operates on what’s called comparative fault and it will assess the liability of each party. For example, if a jury says I’m 35% liable, then the judgment that is going to be given is going to be reduced by a 35%.
How Long Do I Have To File A Motorcycle Accident Claim In Missouri?
Missouri has a standard negligence statute. You have five years from the date of the accident to file a lawsuit. However, if there is a death involved, it escalates into wrongful death. The wrongful death statute is only three years. It’s very important to know what type of statute you are pursuing it under.
Am I Required To Wear A Helmet And Safety Gear On a Motorcycle In Missouri?
In Missouri, you are required to wear safety gear. If you do not, the judge can allow a defense that the lack of wearing the gear was one of the causes of the damages and the jury can consider that. It doesn’t mean that your case is dead, it just means that the jury’s verdict can be mitigated because of the lack of doing so.
How Important Is Investigation In A Motorcycle Accident Case?
In a wrongful death case, the investigation is going to be critical and most of Missouri has a mandatory investigation policy whenever there is a wrongful death involved. The police officers map out what occurred that caused the accident. However, it is just as crucial for the attorney to get on board right away to request these documents, review these documents, and to see who is at fault and if there’s some other party to bring in.
What Is The Value Of Hiring An Attorney Who Is Experienced In Handling Motorcycle Accident Cases?
As with any case going before a jury or a judge, you want a lawyer who is experienced because motorcycle accident cases are specialized from a standpoint of knowing the law. The defense attorneys always try to get these cases thrown out or reduce the amount of money to the point that it’s going to be not really worthwhile for the family. I would suggest that you hire an attorney who is experienced in accidents and litigation, particularly with motorcycle cases.
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