Riding a motorcycle gives freedom and adventure, drawing many enthusiasts to the open road. However, motorcyclists also face severe risks in the event of an accident due to their vulnerability on two wheels. Suppose you or a loved one suffered injuries in a motorcycle crash caused by another driver in the St. Louis area. In that case, you may have grounds to pursue financial compensation through a personal injury claim.
St. Louis is the second-largest city in Missouri, with over 290,000 residents in the metropolitan area. Serving injured riders in St. Louis and the greater metro region, experienced St. Louis motorcycle accident attorneys are ready to help determine the best path to maximum compensation.
Although many accident disputes are settled out of court, unique factors surrounding motorcycle collisions can sometimes lead them toward a trial.
Contributory Negligence Arguments
Missouri follows the contributory negligence doctrine, meaning that if an injured motorcyclist is even 1% to blame for causing the accident, they may be barred from recovering any compensation. Defense lawyers often allege that riders contributed through excess speeding, lane changes, or other errors despite the other motorist violating traffic laws.
Mistrust may block an out-of-court settlement if liability is disputed based on contributory negligence arguments. A trial may be the only recourse when the defendant refuses to accept fault or make a reasonable offer.
Uninsured or Underinsured Motorists
Sadly, around 1 in 8 Missouri drivers lack proper auto insurance coverage. When an underinsured (UIM) or uninsured (UM) driver causes a motorcycle crash, the rider’s insurance policy becomes the only source for compensating massive medical bills, lost wages from injuries, motorcycle repair/replacement costs, and other damages.
Insurers rarely make adequate settlement offers without legal advocacy because UM/UIM policies forbid recovering more than the rider’s coverage limit, even if actual losses far exceed it. With policy caps at stake, negotiations often reach an impasse resolved only by trial.
Bikers often suffer severe, lifelong consequences like spinal cord or traumatic brain injuries from crashes. Complex rehab, accessible home modifications, loss of future income, and other expenses can total millions of dollars internetchicks.
For younger riders, decades of medical treatments and caretaking lie ahead. Experts may quantify “pain and suffering” damages at several million dollars to account for a lifetime in a wheelchair, permanent brain deficits, or other permanent disabling injuries.
However, defendants facing such immense claims usually refuse to settle without first trying to minimize their payout through litigation. Cases involving catastrophic damages frequently compel trials.
Refusal to Accept Responsibility
Some at-fault parties or insurance companies refuse to accept responsibility or make reasonable settlement offers, even when they are negligent. They may unreasonably deny clear liability evidence and stall settlement efforts, hoping to frustrate claimants into dropping lawsuits or accepting lowball amounts.
When you encounter a refusal to settle in good faith, it may be essential to take a motorcycle accident case to trial. There are attorneys with extensive experience building motorcycle accident lawsuits against defiant insurers and securing maximum damages for injured riders in court when they can’t reach fair out-of-court resolutions.
Consulting a legal professional with a proven trial record ensures you have an aggressive advocate if settlement negotiations fail. They can evaluate if litigation is likely to produce a more sufficient outcome.
Consult a Skilled Attorney
No one expects to get into a motorcycle crash when enjoying a nice ride. But if another motorist’s negligence leaves you or a loved one injured, know your legal options before deciding how to proceed, including preparing for trial if warranted. An experienced St. Louis motorcycle accident lawyer can evaluate your case details to customize the most strategic approach.