Cape Girardeau Motorcycle Accident Guide

• • Why Choose Cook, Barkett, Ponder & Wolz for Your Cape Girardeau Motorcycle Accident Claim?
  • The Insurance Company Made Me an Offer. Should I Take It?
  • Compensation Available in a Cape Girardeau Motorcycle Accident Lawsuit
  • Who May Be Held Liable in a Motorcycle Accident Case?
  • What if I’m Partly to Blame for My Accident Injuries?
  • Cape Girardeau Motorcycle Accident Claims FAQs
  • Contact Our Trusted Cape Girardeau Motorcycle Accident Lawyers Today

Why Choose Cook, Barkett, Ponder & Wolz for Your Cape Girardeau Motorcycle Accident Claim?

When you’re recovering from a serious injury, choosing the right law firm can feel like a daunting task. You need more than just a lawyer; you need a dedicated advocate, a trusted guide, and a relentless fighter who is committed to your well-being. At Cook, Barkett, Ponder & Wolz, our entire practice is built on a foundation of experience, resources, and genuine client care. We don’t just know the law; we get to know you.

Our deep roots in Southeast Missouri give us an unparalleled understanding of the local legal landscape. We know the courts, the judges, and the tactics insurance companies use against injured riders in communities from Cape Girardeau and Sikeston to Poplar Bluff and beyond.

This local insight, combined with our extensive resources, allows us to build the strongest possible case on your behalf. We believe your story matters, and we take the time to listen and understand the full impact the accident has had on your life, your family, and your future. This personal approach is the key to our success.

When you choose us, you are choosing a firm that offers over 100 years of combined trial experience and a track record of securing significant compensation for our clients. We have the financial strength and expert connections to take on any opponent, including large insurance corporations and their teams of lawyers.

Some of our recent successes on behalf of our clients include:

• $2 million settlement for an auto injury case
• $1.8 million settlement for an auto accident/wrongful death case
• $1.7 million verdict for an auto injury case involving a police car
• $1.5 million settlement for an auto injury crash case
• $1.25 million settlement for an auto injury case
• $1.1 million settlement for a product liability and road design defect case
• $600,000 settlement for an auto injury case

Contact us today for a free consultation and let our family of attorneys help your family. We are ready to ease the legal burden so you can focus on what truly matters: your recovery.

The Insurance Company Made Me an Offer. Should I Take It?

Shortly after your accident, you will likely receive a call from the at-fault party’s insurance adjuster. They may sound friendly, express sympathy for your situation, and even make a quick settlement offer. It can be tempting to accept, especially when medical bills are starting to pile up and you are unable to work. However, it is crucial to understand the insurance company’s true motivation.

Insurance companies are for-profit businesses. Their primary goal is to protect their bottom line by paying out as little as possible on claims. The adjuster’s job is to close your case quickly and for the lowest amount of money.

The initial offer they make almost never accounts for the full scope of your damages. It likely won’t cover:

• Future Medical Expenses: Will you need ongoing physical therapy, future surgeries, or long-term medication? The first offer rarely considers these costs.
• Future Lost Wages: If your injuries prevent you from returning to your job or limit your earning capacity for years to come, this must be calculated and included in your compensation.
• Pain and Suffering: The physical pain, emotional distress, and loss of enjoyment of life you’ve experienced are significant damages that a quick offer fails to properly value.

By accepting a quick settlement, you will be required to sign a release form that permanently waives your right to seek any further compensation for your injuries, even if your condition worsens or you discover new injuries later.

Never accept an insurance company’s offer, sign any documents, or give a recorded statement without first speaking to an experienced Cape Girardeau motorcycle accident attorney. We can evaluate the true value of your claim, handle all communications with the insurance company, and negotiate for a settlement that is fair and just. If they refuse to offer a fair settlement, we won’t hesitate to take them to court.

Compensation Available in a Cape Girardeau Motorcycle Accident Lawsuit

No amount of money can undo the trauma of a serious motorcycle accident or erase the pain you’ve endured. However, securing fair compensation is essential for relieving the financial burdens placed on you and your family, ensuring you have access to the best possible medical care, and providing a sense of justice and accountability.

Motorcycle accident victims may be able to pursue compensation for a variety of damages, including:

• Current and Future Medical Expenses: This includes emergency room visits, hospital stays, surgeries, doctor’s appointments, prescription medications, physical and occupational therapy, and any medical equipment you may need.
• Lost Wages or Income: Compensation for the income you have lost while being unable to work during your recovery.
• Loss of Earning Capacity: If your injuries are permanent and prevent you from returning to your previous job or limit your ability to earn a living in the future, we will fight for compensation to cover this long-term loss.
• Property Damage: The cost to repair or replace your motorcycle and any other damaged personal property, such as your helmet and riding gear.
• Pain and Suffering: Compensation for the physical pain, discomfort, and mental anguish you have experienced and will continue to experience.
• Emotional Distress: This can include anxiety, depression, PTSD, fear, and sleep disturbances resulting from the trauma of the crash.
• Loss of Enjoyment of Life: If your injuries prevent you from participating in hobbies, activities, or the simple pleasures you once enjoyed, you could be compensated for this loss.
• Disfigurement and Scarring: Compensation for permanent scars or physical disfigurement that can impact your self-esteem and quality of life.
• Loss of Consortium: In some cases, the uninjured spouse may have a claim for the loss of companionship, support, and intimacy resulting from their loved one’s injuries.

The experienced motorcycle accident lawyers at Cook, Barkett, Ponder & Wolz determine all the ways your accident has affected you and your family and fight for maximum compensation in your case.

Who May Be Held Liable in a Motorcycle Accident Case?

While the other driver is the most common at-fault party in a motorcycle crash, they are not always the only one. A comprehensive investigation may reveal that other parties share responsibility for causing your accident. Our experienced attorneys will explore every angle to identify all potential sources of liability, which can be crucial for maximizing your recovery, especially in cases involving severe injuries.

Potentially liable parties may include:

• Other Drivers: The most frequent cause is a negligent driver of a car, truck, or other vehicle who failed to see the motorcyclist or engaged in reckless behavior.
• The Driver’s Employer: If the at-fault driver was working at the time of the accident (e.g., a delivery driver, a commercial truck driver), their employer may be held vicariously liable for their employee’s negligence.
• Government Entities: A city, county, or state agency may be liable if the accident was caused by a dangerous road condition, such as a large pothole, poorly designed intersection, missing or obscured signage, or malfunctioning traffic signals that they knew about but failed to fix.
• Vehicle or Parts Manufacturers: If a defect in the motorcycle itself or in the other vehicle caused the crash (e.g., brake failure, tire blowout), the manufacturer of the vehicle or the faulty part could be held liable under product liability law.
• A Bar or Restaurant: Under Missouri’s “dram shop” laws, an establishment that knowingly served alcohol to a visibly intoxicated person who then caused a drunk driving accident may be held partly responsible for the resulting harm.

Identifying all liable parties is a complex process that requires legal skills and significant resources. Our firm has the experience to handle these multifaceted cases and hold every responsible party accountable.

What if I’m Partly to Blame for My Accident Injuries?

Motorcyclists are often unfairly blamed for accidents, even when they did nothing wrong. Insurance companies may try to argue that you were speeding, lane splitting, or were otherwise partially at fault to reduce or deny your claim. It is important not to panic if they make this argument.

Missouri follows a legal rule called “pure comparative fault.” This rule means that you can still recover compensation for your injuries even if you are found to be partially at fault for the accident.

Here’s how it works: A court will determine the total amount of your damages and then assign a percentage of fault to each party involved. Your final compensation award is then reduced by your percentage of fault. For example, if you are found to be 10% at fault for the crash, you can still recover 90% of your damages.

Because of this, it is vital to have an aggressive attorney who can effectively fight back against any unfair allegations of fault and work to minimize any percentage of blame assigned to you, thereby maximizing the compensation you receive.

Cape Girardeau Motorcycle Accident Claims FAQs

After a traumatic accident, it’s normal to have many questions. Here are answers to some of the most common questions we hear from our clients.