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At NST Law, we are dedicated to helping injured individuals and their families get the justice and compensation they deserve.
Mr. Trotz has handled personal injury cases involving car accidents, trucking accidents, slip and fall, premises liability, and negligent security. Each and every day, Mr. Trotz represents those who have been injured through no fault of their own, and many of his clients have sustained traumatic, catastrophic and life-altering injuries.
Motorcycles are susceptible to accidents from inconspicuous road hazards that don’t typically affect larger vehicles. Establishing liability in a motorcycle crash requires knowledge of the law and a detailed inquiry.
The compassionate and dedicated Cape Girardeau personal injury lawyers at NST Law have the proven expertise to build a strong case to help you receive fair compensation for your injuries after a motorcycle accident in Cape Girardeau.
Personal injury laws are complex, and you’ll need resources like expert witnesses and knowledge of deadlines to optimize your case outcome. Navigating the system by yourself could lead to forfeiture of all or a portion of your compensation.
Additionally, insurance adjusters seek to minimize the insurance company’s payout. They have no duty to look out for your interests, and they enjoy a significant advantage when you don’t have legal representation to protect your rights.
At NST law, we have over 32 years of experience fighting passionately to receive fair compensation for our clients. We attribute our success to our extensive network, our creativity, and our willingness to retain experts and leverage multiple resources. Our results are a direct reflection of our commitment to each client:
We take pride in the communities we serve, and we’re passionate about helping others in and out of the courtroom. We want to help you, too. If you or a loved one has been the victim of a motorcycle crash in Cape Girardeau, contact us right away for a free consultation.
If you’re in a motorcycle accident, it’s important to take the necessary steps to guard your safety and protect your injury claim:
This will vary with every case. The severity of your injuries is one of the most important factors. Available damages after a motorcycle accident can include economic, non-economic, and punitive damages.
Economic losses have a calculable monetary value. These financial losses include medical bills, lost wages, and property damages. Non-economic losses are intangible losses without a measurable monetary value, such as pain and suffering. In Missouri, there’s no limit to how much compensation you can receive for non-economic losses.
Sometimes, a court will award punitive damages when you suffer substantial injuries caused by the other party’s willful and blatant disregard for your safety. For example, punitive damages might be awarded if you’re hit by an intoxicated or reckless driver. Missouri also doesn’t provide a limit for punitive damages.
If you’re uninsured at the time of the accident, you cannot claim non-economic losses against an at-fault insured driver. Missouri law provides exceptions if the driver was under the influence of drugs or alcohol, or is convicted of involuntary manslaughter or second-degree assault related to the accident.
While no amount of compensation can make up for your loss, you have the right to recover economic and non-economic losses if someone’s negligence results in a motorcycle accident that kills your loved one. Economic losses in a wrongful death case can include loss of income and burial expenses. Non-economic losses include loss of companionship, guidance, counsel, training, and support. Survivors are also eligible to recover non-economic losses the deceased could have claimed, such as the pain and suffering experienced before their death.
To file a wrongful death action, you must be the spouse, child, or parent of the deceased. If none of those relatives exists, a sibling or descendent of a sibling may file. If those individuals additionally don’t exist, the court can appoint a plaintiff ad litem or administrator of the estate.
Only one wrongful death action can be filed on behalf of an individual, but multiple eligible parties may file jointly to receive benefits. Cape Girardeau wrongful death lawsuits must be filed within three years of the date of the accident.
Missouri is a comparative fault state, meaning you can still recover damages even if you’re partially at fault for the accident. The court will diminish your award in proportion to your share of the blame. For example, if you are 30% at fault in a motorcycle accident, you can only collect 70% of your total damages.
At NST Law, we account for all contributing factors to minimize any diminishment of your compensation. We will take steps to secure all relevant evidence and speak with witnesses to the crash.
The statute of limitations to file a personal injury lawsuit in Missouri is five years. While this may seem like sufficient time, it’s important to contact a motorcycle accident attorney promptly to allow the necessary time to conduct a thorough investigation and gather the required resources. Additionally, the sooner you file, the sooner you can receive the compensation needed to aid in your recovery.
Missouri law requires accident victims to report all accidents resulting in death, injury, or damage of $500 or more to the local police as soon as “reasonably” possible. This report will also be needed by the insurance company and your motorcycle accident attorney.
You should never speak directly with the opposing driver’s insurance company because your statements could be used against you. Always direct them to speak with your attorney. Never admit fault, agree to a settlement, or sign any documents without your attorney’s approval.
NST Law works for you on a contingency fee basis, meaning you pay nothing upfront. In the unlikely event we fail to obtain compensation for you, you will not be responsible to pay us any fees. We only get paid if you win.
Cape Girardeau motorcycle drivers are required to carry liability insurance and uninsured motorist coverage. The required minimum coverage limits are as follows:
The law also requires Missouri drivers, including motorcyclists, to carry uninsured motorist coverage with the following coverage at a minimum:
These coverage limits are minimums, and we advise you to purchase as much insurance as you can afford. The minimal amounts required by law may fall short of providing all the coverage you need in an accident.
As of August 2020, motorcyclists over the age of 26 are not required to wear helmets on Missouri highways. However, the City of Cape Girardeau still requires motorcyclists to wear helmets on city streets.
Motorcyclists who wear helmets have a 42% lower chance of death and a 69% lower chance of serious injury during an accident. If you’re not wearing a helmet at the time of your accident, this could potentially reduce your compensation under Missouri’s comparative negligence law.
Lane splitting is when a motorcyclist rides on the white line in the middle of a multi-lane road. There’s no city ordinance or state law that prohibits it. However, it’s dangerous, and could potentially reduce your compensation under Missouri’s comparative negligence law in the event of an accident.
The length of time to receive compensation varies. It can take several weeks to months to investigate the accident, interview witnesses and experts, and negotiate a settlement. If the case goes to court, the process can take longer. Fortunately, most cases settle outside of court.
Attorney
Phone: 901-462-3339
Fax: 901-746-1515
Attorney
Missouri
Contact us for a free consultation now so that we can review your case and decide how we can best help you.
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