Tag Archives: Kansas Motorcycle Accident Attorney

Frequently Asked Questions About Motorcycle Accidents in Kansas: Part II

If you are one of the over 100,000 individuals injured in a motorcycle accident, you are likely feeling hurt, confused, and unclear as to your legal rights and how best to protect them.  In Part I of this two part series, we began our list of frequently asked questions concerning motorcycle accidents in Kansas.  We addressed the most common causes of such accidents, including negligence on the part of the driver of the motor vehicle as well as equipment failure, faulty motorcycles, and defective roadways.

In Part II, we continue our list of questions frequently posed by clients who have been involved in a motorcycle accident.

What actions can I pursue?

Motorcycle accident victims can seek compensation for their property damage and personal injuries sustained due to the negligence of another through a personal injury action.  Personal injury lawsuits must generally be filed within two years of the injury, though some exceptions may apply.

What actions can the family members of a deceased motorcycle accident victim pursue?

Family members of an individual who has been killed in a motorcycle accident can seek recovery through a wrongful death suit, filed against the at fault driver.  In Kansas, wrongful death suits can be filed by any heir to the decedent.

What types of compensation are available to those injured in a motorcycle accident in Kansas?

Your recovery will vary widely depending upon the facts of your case.  Some common damages sought in a personal injury action include:

  • Emergency room bills
  • Hospital admission bills
  • Ambulance or helicopter transportation expenses
  • Physician bills
  • Physical therapy
  • Lost wages
  • Future lost wages
  • Future disability
  • Impaired earning ability
  • Pain and suffering
  • Impaired quality of life
  • Loss of consortium (brought in a separate action on behalf of the spouse of the injured victim)

The families of a deceased motorcycle accident victim often seek recovery for the following damages in a wrongful death action:

  • Conscious pain and suffering of the decedent
  • Loss wages
  • Loss of deceased earning capacity
  • Funeral and burial expenses
  • Loss of consortium (brought by decedent’s spouse in separate action)
  • Child’s loss of parental consortium (brought in an independent action)
  • Loss of affection and companionship

What if I was partially at fault for the accident?

Kansas has adopted the doctrine of modified comparative negligence.  Under this doctrine, an individual who is partially at fault or responsible for the motorcycle accident will not be barred from recovery, so long as their degree of fault is less than the other driver’s.  In other words, the victim will be barred from recovery if his or her negligence is equal to or greater than the defendant’s.  A motorcycle accident victim’s recovery will be reduced by the degree of his or her negligence that contributed to the accident.

Contact Kansas City Motorcycle Accident Attorney Michael R. Lawless Today for a Free Consultation

If you or a loved one has been involved in a motorcycle accident, Michael R. Lawless is a Kansas Motorcycle Accident attorney with more than 27 years of experience helping his clients receive the compensation they deserve.  Motorcycle accident victims often sustain serious injuries in an accident, including head trauma, neck and back damage, broken limbs, and more.  Medical expenses will quickly mount and motorcycle accident victims should act fast to preserve their legal rights.  To schedule a free consultation to discuss your potential motorcycle accident case, contact Michael R. Lawless, PA by calling our office locally at (913) 681-5566, or you may call us toll-free at (800) 734-3771.  You may also contact us online and we will respond to your inquiry as soon as possible.

Frequently Asked Questions About Motorcycle Accidents in Kansas: Part I

Motorcycles have become increasingly popular across Kansas in the past few years.  Motorcycle enthusiasts love the thrill of the open road and freedom associated with riding a motorcycle.  Unfortunately, with the increase in the number of motorcycles on Kansas roadways has come a rise in the incidence of accidents.  Over 100,000 motorcycle accidents occur each year across the U.S. and about 4,500 individuals will die in these accidents.  Motorcyclists often sustain more serious injuries in an accident due to their lack of structural protections.  As such, it is important that motorcycle accident victims seek the assistance of an experienced motorcycle accident attorney as soon as possible after the crash.

The following is a list of questions frequently posed by those who have been involved in a motorcycle crash.

What are the most common causes of motorcycle accidents in Kansas?

Most motorcycle accidents involving a motorcycle and a motor vehicle can be attributed to driver error.  If the driver of a motor vehicle fails to exercise reasonable caution and injuries a motorcyclist, the driver can be held accountable for the injuries and property damage sustained by the motorcyclist.  Common causes of negligent operation of a motor vehicle that lead to motorcycle crashes include:

  • Left hand turns into motorcyclists—possibly the most common cause of motorcycle accidents,  motor vehicle drivers often make a left hand turn without checking in their mirrors or looking over their shoulder.  This can result in turning right into a motorcycle, causing serious injury to the motorcyclist who is left with no time to stop.
  • Unsafe lane changes—drivers are required to use turn signals and check blind spots before switching lanes, but many fail to take theses requisite precautions.  Given the lesser visibility of motorcyclists, drivers often merge into the motorcycle.
  • Distracted driving—driving while talking on the phone, texting, eating, emailing, and the like will take a driver’s eyes and attention away from the road.  While distracted driving is dangerous for all road users, motorcycle riders are particularly vulnerable because they are less visible.
  • Speeding—drivers who speed are less likely to be able to stop in time to avoid an accident with a motorcycle.  They may also not see an approaching motorcyclist due to their reckless behavior.

Are all motorcycle accidents in Kansas caused by driver error?

No.  While many accidents are ultimately caused by driver error, this does not apply to all.  A motorcycle collision in Kansas can also be attributed to: defective motorcycles, equipment failure, or defective roadways.  When any of these conditions give rise to a crash, the property owner of the defective roadway or the manufacturer of the defective equipment or motorcycle may be held liable.  Motorcyclists can bring an action under premises liability or products liable to obtain recovery for their injuries sustained.

Contact Kansas City Motorcycle Accident Attorney Michael R. Lawless Today for a Free Consultation

If you or a loved one has been involved in a motorcycle accident, Michael R. Lawless is a Kansas Motorcycle Accident attorney with more than 27 years of experience helping his clients receive the compensation they deserve.  Motorcycle accident victims often sustain serious injuries in an accident, including head trauma, neck and back damage, broken limbs, and more.  Medical expenses will quickly mount and motorcycle accident victims should act fast to preserve their legal rights.  To schedule a free consultation to discuss your potential motorcycle accident case, contact Michael R. Lawless, PA by calling our office locally at (913) 681-5566, or you may call us toll-free at (800) 734-3771.  You may also contact us online and we will respond to your inquiry as soon as possible.

Kansas Motorcycle Accident Attorney Discusses Importance of Safety Helmets

Motorcycle accidents cause serious injuries and death to many Kansas citizens each year.   In fact, it is inevitable that any motorcycle accident is likely to result in serious injuries, at a minimum.  While motorcyclists are certainly taking a risk by sharing Kansas roadways with semi-trucks, automobiles, pickup trucks, and fellow motorcyclists, they still should be protected and are entitled to compensation when their injuries are caused by another’s negligent conduct.

Under Kansas law, safety helmets are only required for motorcyclists under the age of 18.  However, Kansas also has comparative fault for personal injury and other tort lawsuits, whereby a jury may decide that your failure to wear a helmet contributed to your injuries.  Your potential compensation may be reduced by the percentage you are found to be at fault for your own injuries.  This may not seem fair, but this is the standard in Kansas, and every motorcyclist should be aware of the limits that may be placed on a potential personal injury lawsuit.

To ensure that your decision to operate your motorcycle without a safety helmet does not hinder your ability to receive compensation for your injuries, you should allow a Kansas City motorcycle accident attorney to review your potential case in great detail.  It takes the skill of a qualified motorcycle accident attorney to determine if a negligent driver was at fault for causing the accident that you were involved in, and this is the most important part of your case.  Whether or not you were wearing a helmet should not be the most important factor considered, and you deserve an attorney who will do his or her best to limit the negative impact of your choice to not wear a safety helmet.

Drivers Are In a Better Position to Avoid Motorcycle Accidents

Many motorcyclists drive too fast on our Kansas highways, and drive erratically, changing lanes frequently without signaling.  However, this is not representative of most Kansas motorcyclists.  The fact of the matter is that many drivers operate their vehicles dangerously on our Kansas roadways as well, and this poses a serious risk of harm to other motorists, but especially motorcyclists.  Motorcyclists are naturally at risk for harm due to the small size of the motorcycle and the lack of a protected vehicle.  Cars and trucks have greater visibility and can move to avoid hitting a smaller motorcycle much easier than they can avoid hitting another car or truck.

Motorists often have trouble sharing the road, and must learn to do so in order to promote the safety of all drivers in an effort to prevent unnecessary accidents.  This unfortunately is not the case for many motorists, and this results in motorcycle accidents on a regular basis.  Motorcyclists have a duty to adhere to all Kansas traffic laws, but they are not in a position to avoid accidents in the same way that cars and trucks can.  Until the majority of motorists can learn to safely share the road, accident will continue to occur, and the consequences will be the serious injury and possible death of hundreds of innocent motorcyclists.

Contact Michael R. Lawless, PA Today to Schedule Your Free Consultation

If you or a loved one has been injured or a loved one killed as a result of a motorcycle accident, you deserve the assistance of a seasoned Kansas City motorcycle accident attorney who will advocate for you to receive what you deserve.  Motorcycle accidents often result in permanent and debilitating injuries.  With 27 years of experience, Kansas Motorcycle Accident Attorney Michael R. Lawless has represented clients that have suffered such injuries, and he knows what needs to be done to hold the negligent party responsible.  To schedule your free consultation with Michael R. Lawless, PA, contact us today by calling locally at (913) 681-5566, or by calling our toll-free number at (800) 734-3771.  You may also contact us online and we will respond to your inquiry as soon as possible.