Frequently Asked Questions
Motorcycle Accidents
Traumatic brain injury (TBI) occurs when a sudden physical assault on the head causes damage to the brain. A closed injury occurs when the head suddenly and violently hits an object, but the object does not break through the skull. A penetrating injury occurs when an object pierces the skull and enters the brain tissue. Brain injury can happen in a car, fall or motorcycle accident. This type of injury most often occurs when sudden impact with a dashboard, window, a severe fall or outside object at high speed happens.
Two commonly injured ligaments in the knee often caused by car accidents, motorcycle accidents or trip and falls are the anterior cruciate ligament (ACL) and the posterior cruciate ligament (PCL). The ACL is most often stretched or torn (or both) by a sudden twisting motion. The PCL is usually injured by a direct impact, such as in an automobile accident or football tackle.
The medial and lateral collateral ligaments are usually injured by a blow to the outer side of the knee. This can stretch and tear a ligament.
Ligament injuries are treated with:
- Ice packs (right after the injury) to reduce swelling
- Exercises to strengthen muscles
- A brace
- Surgery (for more severe injuries).
If someone you love has been killed in Missouri as the result of someone else's negligence, you may be eligible for compensation in a wrongful death claim. However, there are specific rules on who is eligible to make a wrongful death claim in Missouri. If you have questions on whether or not you can make a claim, you can get the advice of a wrongful death attorney.
The only person who can make a wrongful death claim is the deceased's personal representative. This representative must make the claim on behalf of the deceased's estate, and on behalf of each individual survivor. In this case, survivors may include:
- the deceased's spouse,
- the deceased's children;
- the deceased's parents;
- the deceased's blood relatives; and
- in some cases, their adoptive relatives.
Under Missouri statutes, survivorship is to be determined at the time of the deceased's death. Furthermore, statutes specify what type of damages each type of survivor may recover. In a Missouri wrongful death claim, damages may include the deceased's medical expenses, their funeral and burial costs, and specific losses that were suffered by the survivors.
If you want to file a wrongful death claim or want to know more about who can act as a deceased's personal representative, call us for a FREE case review at 314.344.0800.
You have already been in an accident, sustained serious injuries, and may be unable to work. Now your credit could also be damaged because you can’t pay your medical bills.
If you have sustained injuries in any kind of accident, then you are bound to have thousands of dollars in unpaid medical bills. But the fact is, no matter who was at fault, you are still accountable for your medical bills. If your bills go unpaid, your credit could be damaged.
If you have health insurance, then you need to ensure that your bills are paid through that policy, as health insurance companies receive a discounted rate on services provided. Your insurance company will then be reimbursed from your settlement, leaving more money for you.
If you do not have health insurance, then you need to contact a St. Louis accident attorney at Castle Law Office-314.344.0800. These situations can be very complicated, and you don’t want to be stuck with medical bills that should be paid by the negligent party.
When examining this accident, there are two separate issues. Not wearing a helmet is a traffic violation, but it does not negate the fact that you were severely injured in a Missouri motorcycle accident by a negligent driver. The issue that will arise from not wearing your helmet is comparative negligence. In other words, even though the motorist was at fault for causing the accident, you may also be partially responsible for your own injuries by not protecting yourself against potential injury. How much you were responsible is to be determined.
Missouri operates on what is referred to as “pure comparative fault.” This means that even though you were not at fault for the overall accident, you may still be a percentage at fault. This percentage will then be deducted from your total recovery amount. For example, if your total injury amount is determined to be $10,000, but you are also determined to be 40% at fault for your injuries, you will only receive 60%, or $6000, for your injuries.
Overall, even if you did fail to wear a helmet, you may still have a very good claim. In this instance, it is imperative to seek help from an experienced St. Louis motorcycle accident attorney. Contact Castle Law Office at 314.344.0800 for a free consultation regarding your Missouri motorcycle injury case.
A: No, you need to be patient. Even if you think a quick settlement will help you pay off your bills, it is in your best interest to give it some time. Waiting will help you make sure you've made all the right moves.
A: Different states have different time limits on how long after an accident you can pursue your claim. An experienced injury attorney can help you make sure you file a claim in time, so you receive the treatment and care you deserve.
A: Yes! You need to take note of anything you saw the other driver doing while driving. If the other driver who caused you to get into a car accident was driving distracted taking note of this can help prove details in your Missouri car accident case.
A: Unfortunately for bikers, the roads are full of careless and negligent drivers – drivers who fail to look twice for motorcyclists and are the cause of devastating Missouri motorcycle accidents.
If you have been injured in a motorcycle accident in Missouri, you have the right to seek compensation for your injuries – no matter whether you have insurance on your bike or not.
The first thing you need to do is contact an experienced Missouri crash motorcycle lawyer in order to ensure your rights are protected. Contact Castle Law Office at 1-866-990-8989 to schedule your free, no obligation consultation. We are here to answer all of your accident and injury questions and ensure you receive the compensation you deserve.
If you or someone you love has been seriously injured in a Missouri bike crash because of another driver’s negligence, you need to order a FREE copy of St. Louis injury lawyer James Brown’s book, The Missouri Accident Book: Dealing with the Aftermath.
A: Motorcycle training courses are an excellent way to prepare yourself for the road. Not only do they inform you of local and state laws, but they prepare you real world situations. Many offer riding courses to test your skills as well as safety classes. The point of the class is to make its participants smart and safe riders.
A: Keep a safe distance. Just as with anything else you drive on the road, giving the drivers around you a good buffer is important. Abrupt stops or sudden decreases in speed can be forgiven if there is enough space between two vehicles. However if someone is tailgating another vehicle those actions are likely going to lead to an accident. And if one of the vehicles happens to be a motorcycle, you can be assured that that accident will probably result in an injury to the rider. If someone is tailgating you or not giving enough space you are honestly better off pulling to the side of the road and letting that rude driver pass you by. It might be inconvenient, but the alternative is much, much worse.
A: I was going to say a helmet, but I think the better answer is common sense, for one because it should be common sense to wear a helmet! All joking aside, common sense is important. Ride smart and you'll avoid a lot of accidents. This has to do with things like understanding if you're unfit to ride (sick, medication effects, etc), not taking unnecessary risks like going to fast or riding in bad weather, or properly equipping your motorcycle to make it as visible as possible. Be a smart and responsible rider, use your common sense, and more likely than not you'll have an enjoyable ride.
A: Having anti-lock brakes on a motorcycle is a touchy subject, backed by a wealth of heated opinions. Anti-lock brakes were first introduced on airplanes in the 1950s, long before they were in cars. And they certainly have proven their worth, preventing Missouri car accidents each and every day. However, the motorcycle community has been slow to accept them, with many people believing that safe riding is more about the skill of the rider than the features of the bike.
With that being said, the Insurance Institute for Highway Safety (IIHS) in conjunction with the Highway Loss Data Institute (HLDI) released some studies with pretty convincing statistics. They are claiming that bikes that are equipped with ABS account for 37% fewer fatal crashes and 22% fewer collision claims than bikes without ABS. Because of these findings, the IIHS has petitioned the National Highway Traffic Safety Administration to require that all new motorcycles be equipped with anti-lock brakes.
A: Not only do you not have to talk to the other driver's insurance company, you should not talk to them without first consulting with a Missouri accident attorney.
Insurance adjusters may seem like nice people who really want to help, and this is exactly what they want you to think. Now, I'm not saying that insurance adjusters don't care or are inherently bad people, but the thing to understand about insurance adjusters is that they have a job to perform. And that job is to settle your case for as little as possible in order to protect the assets of the insurance company.
In order to do this, they may try to paint a different picture of how the accident actually happened, may try to make you admit responsibility and may try to make you feel guilty for the outcome.
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