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.