Motorcycle Accident Lawyer

What to do after a motorcycle accident in Missouri

• Get to safety. Your safety is the most important thing. If you can, wait for police and paramedics in a safe location off the road.

• Call 911. It’s important to get police on the scene as soon as possible to preserve evidence and talk to witnesses. Their report will be a key element in both your insurance claim and in any claim you pursue in court.

• Get medical attention. Even if you don’t think you’re hurt, allow paramedics to examine you at the scene. The trauma of the accident can spike your adrenaline, which dulls pain and may make you unaware of your injuries.
  
  If paramedics suggest you go to the hospital, follow their advice. First, because it’s important to take care of yourself. And second, because medical records are another key piece of evidence in an insurance or court claim.

• Document the scene. Take pictures and videos of the scene, the vehicles involved, and any visible injuries.

• Gather contact information. Exchange information with the other driver, including contact and insurance details. If there are witnesses to the accident, collect their names and contact information.

• Schedule a free consultation with Fernandez Law. You need a motorcycle accident lawyer to investigate the crash, file insurance claims, and gather evidence to build your case.
  
  Fernandez Law will also protect you from harassment by insurance companies. Once you have a lawyer, insurers have to direct all their questions to your lawyer’s office.

• Document the day-to-day impact of the crash on your life. As you recover, keep records of any difficulties you face because of the crash: from how you feel to ways you’ve had to adjust your routine.

What NOT to do after a motorcycle accident

Many people accidentally damage their case before they ever get to court. To strengthen your case, avoid these common mistakes.

• Don’t admit fault. Don’t apologize or admit fault when talking to police, paramedics, witnesses, or the other driver.
  
  Even if you think you caused the accident, remember you don’t have the whole picture. You only know what happened from your point of view. The question of fault is for the court to decide.

• Don’t get your motorcycle repaired right away. The damage to your motorcycle is evidence in your case. Don’t get it repaired until your lawyer tells you it’s OK.
• Don’t talk about the accident. Don’t talk about the accident or your injuries with anyone other than your lawyer, your medical team, or police.
  
  Tell insurance companies – even your own – to direct questions to your lawyer.
  
  Do not post about the accident on social media.

Gonzalo Fernandez has spent more than 30 years fighting for the rights of the injured in St. Louis courts.

Most St. Louis motorcycle accidents are caused by drivers who fail to yield

The most common cause of motorcycle accidents is a car or truck making a left turn across the path of a motorcyclist. The biker hits the side of the vehicle head-on.

In this kind of accident, vehicle occupants often suffer only minor injuries, but the biker is hurt much worse. Failure to yield while turning left is responsible for more than a quarter of fatal motorcycle accidents.

When asked why they failed to yield to a motorcycle, most drivers say they didn’t see the bike. Drivers are on the lookout for other vehicles like theirs, which can create an awareness “blind spot” when it comes to seeing smaller vehicles.

Other common causes of motorcycle accidents

• In addition to the awareness blind spot, drivers of cars and trucks have to contend with real blind spots. Many motorcycle accidents happen when a driver merging or changing lanes relies only on their mirrors, inadvertently sideswiping a motorcycle.
• In 26% of Missouri motorcycle accidents, the motorcycle is traveling too fast. This makes it hard to judge the distance and speed of vehicles around you, making a crash more likely.
  
  Even if your motorcycle accident was partially your fault, you may still be able to get compensation for your damages. Missouri’s law of comparative fault lets you sue for the portion of damages that were not your fault.
  
  For example, if the court decides you were 25% at fault for the accident, you can still collect the remaining 75% of damages.
• Distracted driving is responsible for a growing number of auto crashes of all kinds, including collisions with motorcycles.
• Road hazards are more dangerous to motorcycles than to four-wheeled vehicles. 

First, because a motorcycle is balanced on two wheels, it’s easier for its driver to lose control when they hit a hazard or swerve to avoid it.

Second, because motorcyclists are exposed, when they do crash they’re more likely to be seriously injured.

 

Injuries commonly sustained in Missouri motorcycle accidents

Motorcycle accidents are far more likely to be serious than car crashes. A motorcycle driver is about 30 times more likely to die in a crash than an automobile driver.

Even when a crash is not fatal, it can result in serious injuries, many with long, grueling recoveries. Some injuries may affect your life permanently.

Common motorcycle accident injuries

• Head injuries, including concussions, skull fractures, and traumatic brain injury
• Back and neck injuries
• Fractures and broken bones
• Spinal cord injuries
• Soft tissue injuries like scrapes, cuts, bruises, road rash, and muscle strain
• Internal injuries
• Loss of limbs
• Burns
• Nerve damage 
• Emotional trauma and post-traumatic stress disorder (PTSD)

Damages you could claim after a motorcycle accident in Missouri

• Medical bills, both right after the accident and for ongoing treatment
• Cost of ongoing treatment, like physical therapy
• Lost wages for time off work
• Lost future earnings, if you’re unable to make a full return to your previous career
• Transportation costs, if you have to find alternative transportation to riding your bike
• Property damage to your bike or other personal property
• Pain and suffering
• Permanent disability or disfigurement
• Required disability modifications, like wheelchair ramps or an accessible van
• Lost enjoyment of life
• Emotional trauma
• Wrongful death

When we’re fighting for a client, we look at all the ways an accident has changed their life.

We work with medical professionals and life planning experts to estimate not only what the accident has cost you so far, but what it is likely to cost over the course of your life.

 

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“Gonz was fabulous to work with. He was personable, honest, fair, and collaborative. He gave me excellent advice. 

He let me make my own decisions, but helped me weigh the pros and cons of any choice I faced. 

I will say with 100 percent certainty my end settlement was far more than I would have received if I had attempted this process alone.”

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Can you sue after a motorcycle accident?

Every motorcycle accident case is different. The first thing to do is talk to the team at Fernandez Law.

We’ll listen to you and talk through the specifics of your accident. We’ll tell you honestly if you have a case to pursue, and estimate the amount of damages you may be able to seek.

A strong case has five elements:

1. An at-fault party that has the money to pay any compensation awarded by the court;
2. The at-fault party had an obligation to protect people from injury;
3. Through their actions or inactions, the at-fault party somehow failed to meet that obligation;
4. This failure caused your injuries; and
5. Your injuries resulted in physical, emotional, or financial damages.

 

How a St. Louis motorcycle accident lawyer helps injured riders

Do you really need a motorcycle accident lawyer, especially if you don’t plan on taking your claim all the way to court? Yes. Your lawyer does more than represent you in court. They protect your rights, fight on your behalf, and allow you to recover in peace.

We handle the legal details

The insurance and legal system are complex. They’re designed to be difficult for a person without a legal background to navigate.

Instead of worrying about whether you filed the right form or said the right thing to an insurance adjuster, you can focus on your recovery.

Your lawyer will gather evidence, file paperwork, and talk to insurance companies for you.

We build your case

Our team doesn't rely only on police reports to determine what caused a crash. We conduct our own thorough investigation, employing experts and talking to witnesses.

We once argued a case in which the police put 100% of the blame on our client. Our investigation found eyewitnesses who were never interviewed by the police. Their testimony helped our client obtain a $4 million settlement.

We negotiate a fair settlement

Insurance companies have no incentive to give you the full compensation you deserve – not even your own insurer.

They’re in business to make a profit, and one way they do that is to pay out as little as possible in claims to injured people like you.

Gonzalo Fernandez has spent more than 30 years negotiating with insurance companies on behalf of the injured.

Most of the time, we can negotiate a fair out-of-court settlement for motorcyclists hurt in accidents in and around St. Louis. If negotiations fail, we’ll take your case to court and present a compelling case to a judge or jury on your behalf.

 

Who pays damages in a motorcycle accident

Before you can file legal action for your motorcycle accident, you and your attorney have to determine who was responsible.

This question might not be as obvious as it first appears. To get the full compensation you’re entitled to, you want to be sure everyone who could be liable is held to account.

Your lawyer will conduct a comprehensive investigation to identify responsible parties. Those liable may include:

• Motorists
• Auto insurers
• Property owners
• Property insurers
• Vehicle and equipment manufacturers
• Government agencies responsible for maintaining roads
• Employers, if a motorist was on the clock or driving a company vehicle

Even if your own actions led to the accident, you might still be entitled to compensation from anyone whose actions contributed to the crash.

For example, if you were speeding when you hit a pothole or loose gravel, you are partly responsible for the crash, but so is the unit of government responsible for maintaining the road.

What if the accident was a hit-and-run?

A hit-and-run adds an extra layer of trauma to your motorcycle accident, and an extra level of difficulty to your case.

First, do the same things you would do if it were not a hit-and-run: get medical attention, file a police report, don’t admit fault, don’t talk to insurers without your lawyer.

What changes is that you can’t seek compensation from the other driver unless they can be identified. Police and your lawyer will conduct independent investigations to find this driver.

In the meantime, Fernandez Law can help you seek compensation from your insurer and other liable parties.

How much is my motorcycle accident worth?

The amount of compensation you could be awarded depends on a number of factors, including the type and severity of your injuries, the insurance coverage of the party at fault, and the circumstances surrounding the accident.

We can offer a rough estimate of the compensation you might expect after we’ve evaluated your case at your no-obligation consultation.

After decades of experience in personal injury cases, Gonzalo Fernandez knows the tricks and loopholes insurance companies and their attorneys try to exploit. He knows the law, knows the courts, and can beat insurers at their own game.

• After we obtained a $15 million judgment for a client injured in a truck accident, we continued to fight all the way up to the state Supreme Court to force the insurance companies to pay what they owed.
• We represented a client who racked up about $20,000 in medical debt after fracturing a hip in a crash. Thanks to the strong case we presented, a jury awarded her $1.25 million, a verdict that was upheld on appeal.

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“Throughout the entire process, Gonzalo Fernandez kept me up to date. He took the time to explain the process to me in terms I could understand without being an attorney. I am so thankful for his work and support.”

 

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What happens at your free consultation with a St. Louis motorcycle accident lawyer

When you schedule a free consultation with Fernandez Law, the first thing we do is listen. We want to know what happened to you, from your point of view, and how it’s impacted your life.

We’ll ask questions to gather more information and make sure we’re fully clear on the story. If you have any evidence or documentation, like photos or medical records, we’ll review them.

Based on our decades of experience, we’ll give you our honest opinion of whether you have a strong claim and how much compensation you might be able to get.

 

FAQ

• How common are motorcycle accidents in Missouri?
  • In 2023, there were nearly 2,500 motorcycle crashes in Missouri. About 76% of them resulted in injuries, and 6% of them resulted in death.
• Are motorcycle accidents more dangerous than car accidents?
  • Yes. Nationwide, around 80% of motorcycle accidents result in injury or death, compared to about 20% of car accidents.
• Does Missouri require motorcycle helmets?
  • According to Missouri law, motorcycle riders and passengers 26 and older are not required to wear a helmet. Helmets are still required for riders and passengers 25 and younger.
• Can I file a motorcycle accident claim for someone else?
  • Parents and guardians can file legal claims on behalf of children in their care. A legal guardian can file on behalf of a victim whose injuries are too severe for them to file for themselves.
    In the event of a fatal crash, family members can file a wrongful death action.
• How long do I have to file a claim in my motorcycle accident?
  • Under Missouri law, you have five years from the date of the accident to file a personal injury claim. If your accident happened across the state line in Illinois, you have two years.
    You have the best chances of getting maximum compensation if you file as soon as possible. Insurance companies may drag their feet to wait out the statutory clock, but the longer you wait, the more difficult your case will be to prove. Witnesses move or forget, evidence is lost or degraded. Contact Fernandez Law today to get things started.
• How much does it cost to hire a motorcycle accident lawyer in St. Louis?
  • Consulting a motorcycle accident attorney at Fernandez Law costs nothing. If you have a case, you won’t pay us unless we win a settlement for you. Your legal fees will be covered by a percentage of the compensation you’re awarded.