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Missouri Motorcycle Accident Attorney
Missouri · Illinois · Free Consultation
A motorcycle accident can change everything in a fraction of a second. You have serious injuries, medical bills piling up, and an insurance company already working to minimize what it pays you. Missouri law gives injured riders a strong set of rights and legal tools to fight back, but you have to use them correctly and quickly.
At Wayman Law Group, we represent motorcycle accident victims throughout St. Louis city and county, St. Charles County, Jefferson County, and Metro East Illinois including Madison County and St. Clair County. Partner Kevin Wayman brings more than 35 years of civil litigation experience to these cases. We handle motorcycle accident cases on a contingency fee basis, meaning you pay nothing unless we recover for you.
What legal standard applies to the driver who hit you?
Every driver on Missouri roads owes motorcyclists the highest degree of care. Under Section 304.012 RSMo, every person operating a motor vehicle in Missouri must drive in a careful and prudent manner at a rate of speed that does not endanger the life or property of others, and must exercise the highest degree of care. This is not ordinary care. It is the highest standard Missouri law imposes, and it applies to the driver who hit you.
To win a motorcycle accident case in Missouri, you must prove four things by a preponderance of the evidence: the other driver owed you a duty of care, they breached that duty, the breach directly caused or directly contributed to causing your injuries, and you suffered real damages as a result.
What does it mean if the other driver broke a traffic law?
When a driver violates a Missouri traffic statute, they may be liable under a legal theory called negligence per se. Under that theory, the traffic violation itself establishes the breach of the standard of care. The jury is told that the law defined what careful driving required, the driver broke that law, and the violation caused your injuries.
Common statutes at issue in motorcycle cases include:
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Failure to Yield on a Left Turn — Section 304.351(3) RSMo
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Improper Lane Change — Section 304.015(6) RSMo
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Failure to Signal — Section 304.019 RSMo
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Following Too Closely — Section 304.017 RSMo
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Distracted Driving (texting, phone use)
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Driving While Intoxicated — Section 577.010 RSMo
Can the insurance company use the fact that you were not wearing a helmet against you?
Maybe, but only in very limited circumstances, and only as to the severity of your head injuries, not as to who caused the crash. Section 302.026 RSMo permits qualified operators age 26 and older to ride without a helmet if they carry qualifying health insurance and proof of financial responsibility. If you were legally riding without a helmet, that fact cannot be used to argue you were negligent in causing the collision.
What compensation can you recover?
Missouri imposes no cap on economic or noneconomic damages in motorcycle accident cases. Recoverable damages include past and future medical expenses, lost wages and lost earning capacity, pain and suffering, disfigurement, loss of enjoyment of life, loss of consortium for a spouse, punitive damages where conduct shows deliberate disregard for safety, and wrongful death damages under Section 537.080 RSMo.
Does it matter if you were partly at fault?
No. Missouri follows a pure comparative fault system. You can recover even if you were partially responsible — your damages are reduced by your percentage of fault, but your recovery is never eliminated entirely.
How long do you have to file?
Under Section 516.120 RSMo, you have five years from the date of injury to file a personal injury lawsuit. Wrongful death claims must be filed within three years under Section 537.100 RSMo. Do not wait — vehicle black box data can be overwritten, surveillance footage deleted, and witness memories fade. The sooner we are involved, the stronger your case.
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