Car accidents are unfortunately a common occurrence in Kansas City, with its heavy traffic and bustling streets. However, when a car accident involves a motorcyclist or pedestrian, the case can look very different from a typical vehicle-to-vehicle crash. Motorcyclists and pedestrians are far more vulnerable to injury than drivers in enclosed vehicles, and this changes the way their cases are handled legally, from liability to insurance claims and compensation.
In this post, we’ll explore the key differences between car accident cases involving motorcyclists and pedestrians, and why it’s crucial to seek specialized legal representation in these types of cases.
Liability: A Different Standard of Care
In any car accident, determining liability is crucial for establishing who is responsible for damages and injuries. However, when it comes to motorcyclists and pedestrians, the rules can differ significantly.
- Motorcycle Accidents: Motorcyclists face greater risk in accidents because they lack the physical protection of a car. Because of this, liability in motorcycle accidents can often be more complex. A motorcyclist may be more vulnerable to being blamed for the accident, even when the driver of a car is at fault. This is due to common stereotypes about motorcyclists, such as assumptions that they were speeding or riding recklessly.
When motorcycle accidents happen, it’s essential to look at whether the car driver was distracted, failed to yield the right of way, or did not follow traffic laws. Your lawyer can help determine how the laws apply in a motorcycle accident, especially when it comes to proving negligence. - Pedestrian Accidents: Pedestrians are extremely vulnerable in an accident, and the law often gives them a higher level of protection than drivers or motorcyclists. However, this doesn’t mean that drivers are automatically at fault in pedestrian accidents. Pedestrians still have a duty to follow traffic signals and crosswalk rules. If a pedestrian is jaywalking or not using a crosswalk, they may be partially or fully at fault, depending on the circumstances of the accident.
When a car strikes a pedestrian, it’s essential to determine the factors that contributed to the crash—whether the driver was speeding, failing to yield to a pedestrian in a crosswalk, or distracted. A pedestrian’s vulnerability in these cases can have a major impact on the amount of compensation they’re entitled to receive.
Insurance Claims: The Complexity of Coverage
The process of filing an insurance claim after a motorcycle or pedestrian accident can be more complicated than a standard vehicle collision. Here’s why:
- Motorcycle Accidents: For motorcyclists, the process often involves both the motorcyclist’s and the other driver’s insurance companies. In some cases, the motorcyclist may also have to rely on their own motorcycle insurance or personal injury protection (PIP) insurance if the at-fault driver is uninsured or underinsured. Motorcycle accidents also involve greater scrutiny, as insurance companies may try to minimize their liability by blaming the rider for reckless behavior.
Additionally, Missouri’s comparative negligence rule means that if both the motorcyclist and the car driver are partially at fault for the accident, the damages awarded will be reduced by the percentage of fault assigned to each party. This can be a significant factor in motorcycle accident cases, as insurance companies often try to shift blame to the motorcyclist. - Pedestrian Accidents: In pedestrian accidents, insurance claims can be just as complicated, but pedestrians are often not required to have insurance (as drivers are). As a result, pedestrians typically rely on the at-fault driver’s insurance or their own personal injury protection (PIP) coverage. If the driver involved is uninsured, the pedestrian may need to turn to their own health insurance or UM/UIM (uninsured or underinsured motorist) coverage.
In cases where the pedestrian’s behavior contributed to the accident—like crossing the street illegally—this can also affect the claims process. Just as with motorcycle accidents, Missouri’s comparative negligence law could come into play, reducing the pedestrian’s potential compensation.
Compensation: The Long-Term Impact of Injuries
Motorcyclists and pedestrians tend to suffer more severe injuries than those involved in standard car accidents. The severity of injuries directly impacts the amount of compensation they’re entitled to.
- Motorcycle Accidents: Motorcycle accidents often result in catastrophic injuries like broken bones, head trauma, spinal cord injuries, and road rash. These injuries can lead to long-term medical treatment, ongoing physical therapy, and permanent disabilities. Because the injuries are often more severe, the compensation amount in motorcycle accident cases can be significantly higher. This includes compensation for past and future medical bills, lost wages, pain and suffering, and even loss of quality of life.
- Pedestrian Accidents: Like motorcyclists, pedestrians are vulnerable to serious injuries in an accident. Since they have no protective gear like motorcyclists, pedestrian accidents can result in injuries ranging from broken bones and traumatic brain injuries to paralysis or even death. The compensation for pedestrian accidents typically includes medical expenses, lost wages, emotional trauma, and pain and suffering. In some tragic cases, if a pedestrian is killed in an accident, their family may pursue a wrongful death claim for compensation.
Specialized Legal Representation: Why It’s Crucial
Both motorcycle and pedestrian accidents require a specialized approach in order to navigate the complexities of these types of cases. The legal considerations—whether it’s determining liability, filing insurance claims, or ensuring you receive the right compensation—are different from those in typical car accident cases.
This is why it’s essential to consult with an experienced personal injury attorney who is familiar with the nuances of motorcycle and pedestrian accident cases. At KC Car Crash Lawyers, we understand the unique challenges that come with these cases and can provide the dedicated legal support you need to protect your rights and secure fair compensation.
An experienced lawyer will help you:
- Investigate the case thoroughly: A detailed investigation of the accident, including witness statements, police reports, and expert opinions, can make all the difference in your case.
- Handle negotiations with insurance companies: We’ll ensure that your insurance claim is handled properly and fight to ensure you’re not taken advantage of by insurance adjusters.
- Pursue maximum compensation: Whether it’s securing a settlement or going to trial, we will fight for the full compensation you deserve for your injuries and losses.
What to Do If You’re Involved in a Motorcycle or Pedestrian Accident
If you’ve been involved in a motorcycle or pedestrian accident in Kansas City, the first step is to seek medical attention, even if your injuries don’t seem serious. Injuries from these types of accidents can worsen over time, and having a record of treatment can be crucial for your case.
Next, reach out to an experienced personal injury lawyer who can help you understand your legal options. At KC Car Crash Lawyers, we offer free consultations and are committed to guiding you through every step of the legal process.
Conclusion: Navigating Motorcycle and Pedestrian Accident Cases in Kansas City
Motorcycle and pedestrian accident cases come with their own unique set of challenges, from proving liability to handling insurance claims and ensuring proper compensation for injuries. If you’ve been involved in an accident in Kansas City, it’s essential to have an experienced attorney on your side who understands the complexities of these types of cases.
At KC Car Crash Lawyers, we are here to help you navigate the legal process and fight for the compensation you deserve. Contact us today at 816-825-5704 for a free consultation. You don’t pay unless we win your case.