Kansas City motorcycle accidents are life-changing events that can result in catastrophic injury to the motorcycle driver or motorcycle passenger. Victims of a Kansas City motorcycle crash may face time off work and loss of future wages, not to mention massive medical bills and pain and suffering, as they recover from their Missouri motorcycle accident.
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Kansas City Motorcycle Accident Statistics
The Missouri Department of Transportation reported 85 deaths in motorcycle accidents in 2009. According to the National Highway Traffic Safety Administration (NHTSA), 107 motorcyclists were killed in Missouri traffic crashes in 2008. There were 92 motorcyclists killed in 2007 and in 93 motorcyclists killed in 2006.
In Jackson County, there were 16 motorcycle fatalities in 2008, with nine motorcycle fatalities in both 2007 and 2006.
Missouri Motorcycle Accident Law
By law, Missouri motorcycle riders (including motorcycle drivers and motorcycle passengers) must wear helmets regardless of their age. The Missouri helmet law covers all low-power cycles with an engine displacement of greater than 50cc, brake horsepower greater than 3 or that are capable of attaining speeds greater than 30 mph, according to the Insurance Institute for Highway Safety.
Negligence in Kansas City Motorcycle Accidents
Negligence in motorcycle accidents includes failure to stop, failure to yield and driving while distracted (including driving and talking on a cell phone or driving and texting). Drivers in Kansas City may be negligent if they fail to notice an approaching motorcycle or if they misjudge the motorcycle's distance or speed.
Missouri uses the principle of pure comparative negligence when determining accident liability. This means that in the case of a motorcycle accident, the injured party can recover damages for his injury even if he was 99 percent at fault for the accident. In this situation, the victim's awarded damages are reduced by the amount of fault he is responsible for. For example, if the injured party is 25 percent responsible for the accident, his award is reduced by 25 percent.
Defective Motorcycle Parts
Defective motorcycle parts can play a role in motorcycle accidents and can result in harm to the motorcycle's driver, the motorcycle's passenger or other people on the road. Issues with motorcycles include faulty brakes, engine problems, tire blowouts and steering problems.
In the case of injuries caused by motorcycle defects, the injured party may be able to sue the maker of the defective part, the motorcycle manufacturer and the companies or individuals responsible for repair and maintenance of the vehicle.
Driving While Intoxicated/Driving Under the Influence
In Missouri, it is illegal for drivers to drive with a blood alcohol concentration (BAC) of.08 or higher. In Missouri, Driving Under the Influence (DUI) is the same as Driving While Intoxicated (DWI).
The DWI includes alcohol and/or drugs. It is illegal for drivers in Missouri to operate a vehicle with any amount of a controlled substance (such as marijuana or cocaine) in the blood.
According to the Missouri Motorcycle Safety Program, with information taken from the National Highway Traffic Safety Administration, studies show that between 40 percent and 45 percent of all fatal motorcycle crashes involve the use of alcohol. Furthermore, the motorcyclist was legally intoxicated in approximately one-third of the fatalities.
Other Causes of Kansas City Motorcycle Accidents
Other causes of motorcycle accidents include improper driver training, dangerous or reckless driving, poor driving conditions, road maintenance defects, weather, loss of control on corners, failure to leave adequate room between vehicles and driving aggressively.
Kansas City Motorcycle Accident Legal Help
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Last updated on Feb-23-11 |
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