Archive for the ‘Motorcycle accidents’ Category

Kansas City Personal Injury Attorneys Give Six Reasons Why You Want to Hire an Attorney After a Motorcycle Accident

Thursday, August 1st, 2019

To ask a person who rides a motorcycle why he or she rides is a bit like asking a bird why it flies. Riders ride not because they have to, but because they can also because it is something they enjoy. Unfortunately, while riding can be a fun activity, it can also be a dangerous one. In 2017 alone there were approximately 89,000 motorcyclists injured in crashes and another 5,100 killed according to data collected by the National Highway Traffic Safety Administration or NHTSA. In the event of an accident, all riders need to know that just because can be considered a dangerous activity, it does not mean that a rider does not have a legal case for recovery. Any rider seriously injured in an accident should speak to an attorney. If you are on the fence, here are just a few of the things an attorney can do for you post-accident:

  1. Answer your questions. After a serious motorcycle accident, you may feel like you suddenly have a lot more questions than answers. You may be wondering about how you will pay for medical expenses, follow-up treatments, and bike repairs. You may not know if you should contact your insurance company and what you need to tell them. An experienced injury attorney will not only answer your questions but he or she will also let you know if you are entitled to compensation for your injuries.
  1. Explain the legal process. Post-accident you need someone who can explain and evaluate your legal options. When bills are piling up and you are out of work, you may be tempted to take the first offer the insurance company makes. However, a skilled attorney who understands the legal process will know when to settle and when to file a lawsuit.
  1. Research the facts of your case. To help ensure that you receive the most compensation, your attorney will need to gather facts related to your accident. Then, he or she will use these facts to help build your case. The stronger your case, the more power you have to force the insurance company to settle or to win big at trial.
  1. Negotiate a settlement on your behalf. In order to negotiate a good settlement, you need an attorney who can calculate your total damages. He or she will calculate not only your current medical costs and bike repairs, but also estimate your future medical expenses, lost wages, and other injury-related expenses.
  1. File a lawsuit and represent you in court. If the insurance company does not want to pay a fair settlement, then the next step is to file a personal injury lawsuit. If you have an attorney, he or she will not only prepare your case but also represent you in court. In the event your case goes to a jury trial, it is important to have an attorney who will show the jury the facts of your case as well as quash any misconceptions the jury may have about riders being reckless.
  1. Allow you to spend your energy on recovering. Recovering from a serious crash takes a ton of mental and physical energy. When an injury victim hires an attorney, it allows them the peace of mind to focus on their recovery.

If you or a loved one was seriously injured in a motorcycle collision you need a Personal Injury Attorney that you can trust. At Hubbard & Kurtz, L.L.P. our experienced team of Kansas City Injury Attorneys will make sure that your rights are protected and that you receive the compensation you deserve. For years the Kansas City Personal Injury Attorneys at Hubbard & Kurtz, L.L.P. have assisted countless motorcycle injury victims around the area, in both Missouri and Kansas. To schedule a consultation with one of our skilled Injury Attorneys, contact Hubbard & Kurtz, L.L.P. today at (816) 472-4673.

Do Motorcycle Helmets Cause Accidents & Increase the Risk of Neck Injuries in Missouri?

Friday, June 7th, 2013

There are many motorcycle enthusiasts who advocate freedom of choice when it comes to the decision to wear a motorcycle helmet while riding in Missouri.  Although there can be considerable debate about whether the safety benefits of motorcycle helmets should trump a motorcyclist’s personal choice, sometimes this debate gets distorted with urban myths that obscure the legitimate issues while focusing on positions that are not supported by factual evidence.

One such urban legend is that motorcycles can increase the likelihood of car accidents by obscuring lateral vision and hearing and that the weight of a motorcycle helmet increases the risk of spinal and neck injuries.  While we respect the right of those who oppose Missouri’s mandatory motorcycle helmet law to disagree, this particular argument is based on misinformation that can lead new riders to make a regrettable decision to ride without protective headgear.

While urban myths about the safety drawbacks of motorcycle helmets are supported by a scientific study conducted long ago, this study has since been thoroughly debunked.  The study was conducted by J.P. Goldstein and concluded that motorcycle helmet use could contribute to neck injuries because the weight of the helmet added to head mass during a collision.  However, more than a dozen subsequent studies have reached a contrary conclusion.

The claim that motorcycle helmets increase the risk of a motorcycle accident by decreasing visibility also has been shown to be without merit through scientific studies.  The National Highway Traffic Safety Administration (NHTSA) conducted a study to determine the degree to which helmet use caused collisions by obstructing a motorcyclist’s peripheral vision or hearing.  The NHTSA research found that motorcycle helmets did not significantly affect a rider’s ability to hear a vehicle’s turn signals or detect that a vehicle in an adjacent lane was making a lane change.  The authors of the study found that the sound of a motorcycle engine was so loud that any noise the riders could hear over the sound of the engine they could hear with or without a helmet.  The study also found that motorcyclists merely turn their heads slightly more to compensate when wearing a helmet so they do not suffer any significant reduction in peripheral vision.

Because we see the tragic consequences when a motorcyclist falls victim to a drunken, distracted or otherwise negligent driver, we urge riders to wear a helmet and obey traffic safety law.  If you or someone you love is injured or a family member dies in a Missouri motorcycle accident, we urge you to contact us if you have questions.  Our experienced Missouri DUI car accident injury attorneys at Hubbard & Kurtz, LLP work diligently to obtain financial compensation for our clients’ injuries so contact us toll free at (877) 535-1163 to see how we can help!

Does Missouri’s Mandatory Motorcycle Helmet Law Really Make a Difference?

Saturday, December 15th, 2012

Collisions involving all forms of motor vehicles can result in fatal injuries of vehicle occupants, but motorcycle accidents caused by negligent drivers pose a much more significant risk of causing wrongful death.  Motorcycles offer limited handling because they are not as stable and provide no protection to motorcycle enthusiasts when collisions occur.  When other types of vehicles like cars, trucks and SUVs are involved in motor vehicle crashes, vehicle ejections constitute one of the most dangerous risks to vehicle occupants because the injury victim has no protection from impact.  When a motorcycle crash occurs on Missouri roadways, every crash essentially involves a vehicle ejection.

The statistical data regarding the fatality rate for motorcycle operators and passengers in collisions is sobering.  While the number of deaths of those involved in collisions involving passenger vehicles has declined in recent years, the motorcycle accident fatality rate continues to climb.  During a recent seven year period, the fatality rate for those involved in motorcycle crashes increased an alarming 55 percent according to the Centers for Disease Control (CDC).

The most prudent motorcyclist may be victimized by negligent drivers because there are limited evasive actions that may be safely employed by a rider to avoid a deadly motorcycle accident.  Given the inherent limitations of motorcycle enthusiasts to react to driving errors made by motorists in passenger vehicles, the value of a motorcycle helmet that meets Department of Transportation (DOT) minimum standards can hardly be overstated.  Many Missouri motorcyclists object to the state helmet law that requires universal use by all riders, but it is well-established that motorcycle helmet use is the single most important factor in preventing a wrongful death in motorcycle accidents.

The empirical evidence supporting the benefit of universal helmet laws is persuasive.  The National Highway Traffic Safety Administration (NHTSA) conducted a study and found that only 12 percent of those who died in motorcycle accidents were not wearing helmets in universal helmet law jurisdictions.  By way of contrast, 64 percent of fatal accidents involved riders without helmets in jurisdictions where only certain riders were required to wear helmets.  Almost 80 percent of motorcycle accident fatalities involved riders without helmets in states with no motorcycle helmet law.  Further, the NHTSA indicates that motorcycle helmets reduce the risk of a motorcycle accident fatality by 37 percent.

There have been consistent efforts to overturn the universal helmet law in Missouri, including one as recent as mid-2012.  Although these efforts may eventually be successful, we urge riders to seriously consider the danger posed by drunk, distracted and otherwise negligent drivers.  If your loved one dies in a Missouri motorcycle accident, our experienced wrongful death attorneys are committed to representing the interest of those who have been silenced by the negligence of others.  We understand the hardships that surviving family member endure and seek the financial compensation they need following the loss of a family breadwinner.  We offer a free initial consultation so we urge you to call us today to discuss your case.