If you were hurt in a motorcycle accident in Missouri, you may be able to recover money for your motorcycle accident injuries and damage. Missouri’s pure comparative fault rule lets you seek compensation, even if you played a part in the accident.
What Is Comparative Fault in Missouri?
Missouri uses a pure comparative negligence system in injury cases. This means you are allowed to recover damages even if you were mostly to blame for the accident – up to 99% at fault. The total you collect will be reduced by whatever percentage the court or insurance company says was your responsibility. This rule applies in motorcycle cases just as it does for cars, trucks, or slip-and-fall claims.
Example: Let’s say you’re riding your motorcycle down a St. Louis road when a car turns left in front of you, but it turns out you were also going a little over the speed limit at the time of the crash. You might be determined to have been 30% at fault for speeding, and the other driver was 70% at fault for turning in front of you.
If your total medical bills and damages are $100,000, you’d still be able to recover $70,000 – the amount reduced by your 30% share of the responsibility.
Why Motorcyclists Are Often Blamed More Than They Should Be
Motorcycle riders are sometimes unfairly blamed for causing or contributing to crashes, even when fault isn’t clear. Insurance companies and police may assume motorcyclists are naturally more “reckless” just because of the type of vehicle, overlooking or quickly assigning blame without looking at the details of your case.
This type of bias affects initial reports and can influence benefit decisions before a full investigation is even done. Facing unfair assumptions around motorcycle accidents can hurt your claim or lower your compensation when police or insurers jump to conclusions. Be sure to gather as much evidence as possible and work with an experienced attorney to make certain your side is fully considered and you are treated fairly.
What Evidence Can Help Reduce Your Percentage of Fault?
After a motorcycle accident, having strong evidence can help ensure you are not blamed more than you deserve. The right facts can clarify how events truly unfolded and help limit your share of responsibility, which impacts your compensation. Here’s what can often help:
Police Reports
A detailed police report will include official information about the accident, noting who received traffic citations and important observations the officer made at the scene. This report may support your version of events, especially if law enforcement cites errors made by other drivers.
Witness Statements
Statements from witnesses who saw the accident are often trusted by both courts and insurance companies. Witnesses can describe the actions of all parties and add information you might not have seen, strengthening your argument if you were following the rules.
Traffic Camera or Dashcam Footage
Video footage, whether from street cameras or a dashcam, provides more objective evidence about what really happened leading up to the accident. Footage can confirm your account and expose actions taken by the other parties involved.
Accident Reconstruction Experts
These specialists review physical evidence, photos, and data from the crash scene to scientifically reconstruct what occurred. Their analysis and reports can identify the main cause of the accident and possibly explain why your share of responsibility should be lower.
Medical Records
Getting immediate and thorough medical treatment not only protects your health but creates a record linking specific injuries to the incident. The type and location of your injuries can support your St. Louis accident claim by showing how you were struck and may help counter arguments from the insurance company.
Gathering as much evidence as possible can help you challenge any allegations that you were partially at fault. The more evidence you provide, the stronger your case will be. Contact our team at Meyerkord & Kurth today and we’ll get started on your case. Schedule your free consultation today.