Civil cases begin when one party of a dispute files a complaint about the incident against another party. Lawsuits are filed with the purpose of obtaining compensation from someone who wronged the plaintiff in ways such as a breach of a contract, property damage, or bodily injury. After crashing your motorcycle, there is already no shortage of damages and medical bills to deal with; so how do you handle a civil action cherry on top? Whether you are filing a complaint or defending yourself against one, there are a few key facts you should be aware of.
Filing a Civil Action
Similar to workers’ comp claims, it’s important to file a lawsuit as soon as possible. In Missouri, the statute of limitations (which is essentially the deadline) for filing a lawsuit because of a motor vehicle accident varies depending on whether or not the collision caused injury or death to either party.
According to the Missouri Revised Statute, section 516.120, anyone who has been hurt by the accident has to report it within five years of the day it happened. If the accident caused someone’s death, then either a representative or family member must file a wrongful death claim against the driver at fault within three years of the date of death according to the Missouri Revised Statute, section 537.100. According to the NHTSA, almost 5,000 motorcyclists lost their lives in crashes during 2018. If a loved one has passed too soon due to the recklessness or negligence of someone else, contact one of our expert wrongful death attorneys.
Motorcyclist Rights and Requirements
In 2018 alone, there were roughly 82,000 injuries that resulted from motorcycle crashes in the United States. Missouri has set laws in place to protect motorcycle drivers, both to prevent, and in case of an accident.
- All medical bills relevant to the accident can be considered for a personal injury claim.
- If your injuries cause you to miss work, lost wages should be considered when filing for compensation. Be sure to discuss this with your personal injury lawyer.
- You are entitled to compensation for your pain and suffering in instances where a negligent driver causes severe pain and trauma.
- All motorcycle drivers are required by law to have a special license in order to ride.
- It is illegal to ride without a helmet, and incredibly dangerous. A little helmet hair is better than taking such a risk.
Each state also has a minimum amount of mandated insurance coverage needed to legally drive a motorcycle. In Missouri, these are:
- At least $10,000 in property damage
- Mandatory Uninsured Motorist Coverage
- $50,000 bodily injury for all persons involved
- $25,000 for the bodily injury of one person
How Does It Work?
When filing a civil action involving a motorcycle accident or any other event that caused damage or bodily injury, contact a personal injury attorney to inform you of the benefits you may be entitled to, and guide you through the process and the jungle of “red tape”. To keep you informed before your free initial consultation, let’s break down the basic elements of a civil case.
- Both parties must present evidence. Your attorney will help you gather the necessary proof needed to support your case.
- The person filing the lawsuit is referred to as the plaintiff, and the accused party is called the defendant.
- If the plaintiff wins the case, the outcome is usually the defendant financially compensating for any injuries, damages, pain and suffering, or lost wages caused.
- A civil trial is also called a “circuit court” in Missouri.
- If the losing party chooses, he or she can appeal the ruling to a higher court.
With the rest of summer stretching ahead, remember to ride safely! If you or a loved one have been involved in a motorcycle collision, contact our legal office at 816-531-6006 for a free consultation about getting the compensation you need.
