Kansas City Motorcycle Accident Lawyers

Steps Horn Law Will Take to Obtain Maximum Settlements and Awards

Because victims of a motorcycle accident are usually entitled to only one settlement or award, legal representation is almost always going to be substantially beneficial. As a result, you can rely on Horn Law to maximize your claim settlements and awards. Please reference the Car Accidents page on this site for detailed information regarding the steps Horn Law will take in obtaining the best possible results for a motorcyclist who has been injured as a result of a negligent driver. These steps are listed below:

1. Independent Legal Investigations
2. Establishing Insurance Coverages
3. Filing Insurance Claims
4. Securing Important Evidence
5. Presenting Written Settlement Demands
6. Advanced Negotiations

Obtaining maximum settlements and awards requires persistent hard work to gain the upper hand. First, legal liability must be established against all parties who have fault. Second, claims must be filed against all applicable insurance coverages, and finally, the settlement and award must account for all past, present, continuing, and future damages our client has as a result of their injuries. This includes recovery for:

• Medical expenses
• Income loss
• Loss of employment opportunities
• Loss of household work services
• Reimbursement for replacement services and transportation
• Reimbursement for other personal loss
• Pain and suffering compensation
• Scarring and disfigurement compensation
• Loss of health compensation
• Extended physical restrictions and limitations
• Loss of quality of life compensation
• Emotional and mental Distress (PTSD)
• Life care
• Permanent disability and permanent partial disability

Distracted Drivers Putting Motorcyclists at New Level of Risk

While motorcyclists have always been vulnerable, distracted driving has caused the single biggest spike in motorcycle crashes. Our legal work in handling hundreds of motorcycle crashes over the last two decades confirms that distracted driving is a primary cause of motorcycle accidents. While motorcycles have always been more difficult to see, car and truck drivers are now compounding the problem by their habitual use of cell phones to talk, text, email, navigate, browse the web, or engage in social media. In fact, distracted drivers now pose more risk to a motorcycle rider than a drunk driver. At Horn Law, we will maximize settlements and awards based upon the reckless actions of distracted drivers. When claims involving serious injuries are made against a distracted driver and their insurance companies, the negligent driver will admit that they knew that using a cell phone increases the chance of causing the types of collisions that cause serious injury and fatalities, yet they still choose to put others on the road at significant risk by driving distracted. In Missouri, the distracted driving risk for motorcyclists is much higher because Missouri does not have a law against using a cell phone while driving. Studies have shown that motorcycle fatalities have actually decreased in states that prohibit distracted driving. This is the reason why Lead Attorney Doug Horn, as an advocate for advancing motorcycle safety, is fighting for a distracted driving law in Missouri. Read our blog discussing the repeal of helmet laws in Missouri. In a high percentage of our motorcycle cases involving a distracted driver, a collision is caused by the driver of a larger vehicle by failing to yield the right of way or an improper lane change. Left-turn collisions are another type of crash that are more prevalent because the driver of a larger vehicle is distracted and does not see a motorcyclist who is in clear view.

Aggressive Driving Is On the Rise

Aggressive driving is another factor that is contributing to a new universe of risk for Missouri and Kansas motorcyclists. According to traffic safety experts, which has been confirmed by our law firm’s recent experience, there are significantly aggressive, hurried, and impatient drivers on the roadway. This has led to more violent collisions, which are especially dangerous to unprotected motorcyclists. Aggressive driving is characterized by individuals committing a combination of unsafe driving maneuvers that endanger other motorists, including:

• Speeding
• Following another vehicle too closely, also called tailgating
• Disregarding of traffic laws, traffic signs, or traffic lights
• Dangerous lane changes, including weaving in and out of traffic

Aggressive drivers are so intent on getting to their destination or engaging in thrill-seeking driving that they fail to see motorcycles or correctly judge how far away a motorcyclist is before changing lanes or proceeding through an intersection. Aggressive and reckless driving is also evidenced by drivers who run red lights and stop signs, change lanes without proper attention, and pull out in front of motorcyclists. When this happens, there is almost no chance a motorcyclist can avoid a collision. In many cases, our client’s only choice was to lay their bike to the pavement.

Protecting Motorcyclists

Drive By Example

In 2009, Horn Law represented the parents of a 16-year-old boy who was lawfully riding his motorcycle on Highway 50 near Lee’s Summit, Missouri. A driver, attempting to cross the highway, pulled out in front of our client’s son, and there was nothing our client’s son could do to avoid a violent collision. After the legal claims were resolved, Attorney Doug Horn pledged to devote a substantial part of his work and resources to advance driver safety. What motivated Horn was the thought that if the driver who had killed the young boy had used a little bit more caution, his client’s son would still be alive. Shortly thereafter, Horn launched Drive By Example, a comprehensive driver’s safety program that influences drivers to adopt the safe driving habits and behaviors that protect themselves, their passengers, and others on the roadway. In his work as a driver safety advocate over the last decade, Horn has become a friend of the motorcycle community, largely because his driving safety work is aimed at distracted driving prevention. Whether he is working in schools, with parent groups, aligning with law enforcement, or promoting driver safety on social media, Horn’s goal is to keep driver safety high on the public consciousness.

Motorcycle Insurance Coverages

Using various social media platforms, Horn is recommending motorcyclists review their motorcycle insurance policies to make sure they have sufficient coverages to cover a serious injury. A serious injury case can easily involve damages of over $100,000. However, the driver who caused the accident may not have insurance or may be “underinsured,” meaning the driver at fault does not have enough insurance to cover the motorcyclist’s injury claim. Motorcyclists can protect themselves by purchasing protection against an uninsured or underinsured motorist. It is wise to review motorcycle coverages with your insurance agent. The agent may recommend that you raise your basic coverages beyond $100,000 or purchase underinsured motorist coverage so that you are able to make a full recovery of damages, even in a case where your damages may exceed $100,000. While our primary work at Horn Law is to make sure victims of a motorcycle accident receive the best outcomes in their claims, Horn Law is also dedicated to protecting motorcyclists before an accident occurs. In this regard, if you have comments or suggestions, email Lead Attorney Doug Horn at dhorn@hornlaw.com.