Bicycle Accidents Attorney in Kansas City, Missouri
Biking is a fantastic way to exercise or to get from point A to point B. However, when cyclists share the road with careless drivers, this healthy activity can turn dangerous. A bicycle accident can result in serious injuries or in the worst cases, even death. When a cyclist is in an accident with a driver, it’s important to hold the driver accountable for their actions.
A bicycle accident can result in expensive medical bills while also causing the victim to lose income from missing time at work. By partnering with a knowledgeable personal injury attorney, you can seek compensation for your costs caused by a bicycle accident. At my firm—The Alsobrook Law Firm—I am passionate about protecting my clients’ rights and fighting for the best possible outcome. With my experience as a criminal defense attorney, I can guide you through each step of your case. My firm proudly represents clients in Kansas City, Missouri, and throughout both Missouri and Kansas.
What To Do After a Bicycle Accident
Take these steps to protect yourself and your legal case after a bicycle accident.
First, call 911. Even if the accident was minor, you may not be able to diagnose all of your own injuries. A qualified medical professional should check you over if you were in an accident while you were cycling.
Next, it’s important that you exchange contact information with the driver. Be careful to discuss only the facts of the case and exchange only contact information, such as phone numbers, addresses, and insurance information. Write down their driver’s license number and their license plates as well. It’s also important that you record the contact information of any witnesses. Their testimony could be essential to your case.
Missouri Laws Affecting Bicycle Riders
After a bicycle accident, knowing the basics of the law as it pertains to both cyclists and drivers can help you understand your legal options.
Laws Pertaining to the Cyclist
To bike on Missouri or Kansas roads, it’s important that you understand what’s expected of cyclists. In Missouri and Kansas, there is no statewide law requiring you to wear a bicycle helmet. However, you must yield to pedestrians when sharing a sidewalk. You also must use appropriate hand signals and follow the same laws as motorists when they apply.
Laws Pertaining to the Driver
Similarly, motorists must obey the laws of the road and respect cyclists’ rights. Drivers must yield to cyclists who are riding in a bike lane. Drivers must also yield to oncoming cyclists. When passing, it’s important to pass with a full lane’s width rather than squeezing by a cyclist.
Filing a Claim
Accidents happen, whether or not both the driver and the cyclist obeyed all traffic laws. When an accident leaves a cyclist injured, it can be incredibly helpful to file a personal injury claim. Discuss your options with a knowledgeable bicycle accident attorney and understand the basics of filing a claim.
Missouri is a Fault State
States have different laws determining who is responsible for the damages caused by an accident. Missouri is a fault state, so the individual who is at fault for the accident is liable for its costs, which are typically paid through their insurance policy. If the insurance company does not offer a fair settlement, even after negotiation, it is possible to litigate for fair compensation through a personal injury claim in court.
Pure Comparative Negligence
Missouri follows the pure comparative negligence rule. Under this rule, even if the cyclist was partially at fault for the accident, they would still be eligible to file a personal injury claim and possibly recover damages.
According to the pure comparative negligence rule, the percentage that the accident was your fault will be deducted from your financial compensation. If you were found to be 25% at fault for the accident, and you were going to receive an award of $20,000, then it would be reduced by 25%—or $5,000—to $15,000. Under pure comparative negligence, you can file a personal injury claim even if you were more at fault than the driver.
Statute of Limitations
The deadline for when a claim must be filed by is known as the statute of limitations. After the statute of limitations expires, you will no longer be able to file your claim in court. The statute of limitations for a personal injury claim in Missouri is five years after the date of the accident.
Accidents involving cyclists can result in serious injuries and even death. In this situation when the worst has happened, it is important to take time to take care of yourself after your loved one’s passing.
There is nothing that will ever make this right. If you wish to seek to hold the driver accountable for their actions, then you can consider filing a wrongful death claim. This civil case can help you seek some justice for your loved one by holding the at-fault driver accountable.
Bicycle Accidents Attorney
Serving Kansas City, Missouri
A bicycle accident can result in expensive medical bills, lost income due to missing time at work, and other complicated life changes. Filing a personal injury claim can help you seek justice. For over 10 years, I’ve provided high-quality legal assistance to my clients. My firm—The Alsobrook Law Firm—proudly represents clients in Kansas City, Missouri, and throughout both Missouri and Kansas. Contact my firm today to request a one-on-one consultation.