If you were involved in a motorcycle accident and believe you might share some of the responsibility, it’s natural to worry if you have any options. The short answer is yes, even if you are partly to blame for your motorcycle accident, Missouri law often still allows you to seek financial recovery for your injuries. The key is understanding how responsibility is divided and how that impacts your claim. While the situation can feel complicated, you may still have a clear path toward holding the other party accountable for their share of the fault.
Key Takeaways about Shared Fault in Motorcycle Accidents
- Missouri operates under a “pure comparative fault” system, which allows an injured person to recover damages even if they are partially responsible for the accident.
- The amount of compensation an individual can receive is reduced by their percentage of fault. For example, being 20% at fault means a potential recovery of 80% of the total damages.
- Determining the percentage of fault involves a detailed investigation of evidence such as police reports, witness statements, and accident scene analysis.
- Insurance companies may try to use common biker stereotypes or minor infractions to place a higher percentage of blame on the motorcyclist.
- An investigation can help gather the necessary evidence to present a fair and accurate account of how the accident happened.
Understanding “Comparative Fault” in Missouri Motorcycle Accidents
When an accident happens, one of the first things that needs to be determined is who was at fault. In many situations, the answer isn’t black and white. Maybe one driver was texting, but the other was going slightly over the speed limit. This is where a legal concept called “comparative fault” comes into play. It’s a way of assigning a percentage of responsibility to everyone involved in an incident.
Missouri follows a rule known as pure comparative fault. You can think of it like a pie chart representing 100% of the blame for the accident. The court or insurance companies will look at all the evidence and divide that pie between the parties involved. Under Missouri’s comparative fault rule, you can pursue compensation from the other party as long as you are not 100% responsible for the crash.
Here’s a simple breakdown of how it works:
- Investigate the Accident: A thorough review of the facts is conducted to see what each person did or didn’t do.
- Assign Percentages: Based on the evidence, each person is assigned a percentage of fault. For example, a car driver who made an illegal left turn might be 80% at fault, while a motorcyclist who was speeding slightly might be 20% at fault.
- Adjust Compensation: Your total compensation for damages (like medical bills and lost income) is then reduced by your percentage of fault.
This system is different from the rules in some other states. Those states might have a “modified comparative fault” rule, where you cannot recover anything if you are found to be 50% or 51% responsible. Missouri’s pure comparative fault rule provides a more flexible path for injured individuals to seek justice, even if they made a mistake.
This framework ensures that a person who is primarily responsible for causing harm is held accountable for their actions, without completely barring the less-at-fault individual from receiving help for their recovery.
How Is Fault Determined in a SEMO Motorcycle Accident?
Determining who is at fault, and by how much, is rarely simple. Insurance adjusters will conduct their own investigation, and their goal is often to pay out as little as possible. This means they will look for any reason to shift more of the blame onto you, the motorcyclist. A successful claim depends on having strong, clear evidence that tells the real story of what happened on that road, whether it was on William Street in Cape Girardeau or on a quiet county road near Poplar Bluff.
A comprehensive investigation looks at many different sources of information to build a complete picture of the incident. These pieces of evidence help establish the sequence of events and the actions of each driver.
Evidence often includes:
- The Official Police Report: This is one of the first documents created after a motorcycle crash. It contains the responding officer’s initial observations, diagrams of the scene, and any citations issued.
- Statements from Witnesses: People who saw the accident happen can provide crucial, unbiased accounts. This could be another driver, a pedestrian, or someone working in a nearby storefront.
- Photos and Videos: Pictures of the vehicles, skid marks, road conditions, and your injuries can be powerful evidence. Dashcam or nearby security camera footage can be even more definitive.
- Accident Reconstruction: In complex cases, professionals can analyze the physical evidence to scientifically reconstruct the crash, determining vehicle speeds, angles of impact, and other critical details.
All these elements are put together to argue for a fair and accurate assignment of fault. Because insurance companies may have their own interpretation, having someone to advocate for your side of the story is vital.
The “Biker Bias”: A Real Challenge for Riders in Southeast Missouri
Anyone who has spent time riding the scenic roads of SEMO, from the rolling hills near the Mississippi River to the open farmlands around Sikeston, knows the freedom and focus that comes with being on a motorcycle. Responsible riders are some of the most attentive people on the road, constantly aware of their surroundings. Yet, a persistent and unfair stereotype—the “biker bias”—often works against them after an accident.
This bias assumes that people on motorcycles are inherently reckless, aggressive, and thrill-seeking. This simply isn’t true. According to the National Highway Traffic Safety Administration (NHTSA), a significant number of fatal motorcycle crashes involve other vehicles turning left into the path of the motorcycle, highlighting that other drivers’ actions are a major factor.
This unfair stereotype can impact your case in several ways:
- Insurance Adjusters: An adjuster might enter the negotiation process with the assumption that you, the rider, must have done something wrong. They may use this bias to justify a low settlement offer or to assign you a higher percentage of fault than you deserve.
- Witness Perceptions: Witnesses may subconsciously interpret events through the lens of this bias, perhaps misjudging your speed or assuming you were riding aggressively.
- Police Reports: While officers are trained to be objective, implicit biases can sometimes influence their initial reports and conclusions at the scene.
Overcoming this bias requires building a case based on solid facts and evidence, not on assumptions. It involves presenting a clear narrative that shows you were operating your bike responsibly when another person’s negligence caused you harm.
How Does Shared Fault Affect Your Compensation?
Understanding how being partly to blame for your motorcycle accident affects your financial recovery is crucial. The math is straightforward: your total damages are calculated, and then that amount is reduced by your assigned percentage of fault.
Let’s use a clear example. Imagine you were in a collision on I-55 near Scott City. After a thorough investigation, it is determined that your total damages amount to $200,000. These damages cover your medical treatment, lost income from being unable to work, the cost to repair your bike, and your physical pain and mental anguish. However, the investigation also concludes that you were 15% responsible for the crash because you didn’t signal a lane change right before the other driver made an illegal maneuver.
In this case, your final compensation would be calculated as: $200,000 (Total Damages) – 15% (Your Fault) = $170,000 (Your Recovery)
This principle applies to all types of compensation you might be owed after a serious motorcycle wreck.
The damages that can be reduced by your percentage of fault include:
- Medical Expenses: All costs for hospital stays, surgeries, physical therapy, medications, and any future medical care you may need.
- Lost Wages: Income you lost while you were out of work recovering, as well as any reduction in your ability to earn in the future due to your injuries.
- Pain and Suffering: Compensation for the physical pain, emotional distress, and loss of enjoyment of life resulting from the accident.
- Property Damage: The cost to repair or replace your motorcycle, helmet, and any other damaged gear.
Even if you are found to be 30%, 40%, or more at fault, you can still recover a portion of your damages under Missouri law. This is a critical protection that helps ensure you are not left with the entire financial burden of an accident someone else primarily caused.
Why Having a SEMO Motorcycle Accident Lawyer Is Important When You’re Partly to Blame
When you know you might share some of the blame for your accident, it can be tempting to just accept what the insurance company offers and try to move on. However, this can be a costly mistake. An insurance adjuster’s assessment of fault is not the final word. Their initial offer is often based on a version of events that benefits their company, not you.
Having an experienced motorcycle accident lawyer on your side is critical in these situations. A law firm that understands motorcycle accident cases can work to ensure the percentage of fault assigned to you is fair and minimal. They can protect your rights and fight for the full compensation you need for your recovery.
A SEMO motorcycle accident lawyer can help by:
- Conducting an Independent Investigation: They can gather their own evidence, interview witnesses, and hire accident reconstructionists if needed to build a factual case that challenges the insurance company’s narrative.
- Minimizing Your Assigned Fault: An attorney can skillfully argue against unfair claims of fault, using evidence to show how the other driver’s negligence was the true and primary cause of the crash. Every percentage point of fault they can shift away from you directly increases the compensation you receive.
- Calculating Your True Damages: Serious injuries often come with long-term costs that aren’t immediately obvious. A legal team can work with medical and financial professionals to calculate the full lifetime cost of your injuries, including future medical care and lost earning capacity, so nothing is left out.
- Handling All Communications: A lawyer will take over all the stressful calls and paperwork from the insurance companies. This frees you from the pressure of negotiations and allows you to focus completely on your health and your family.
By building a strong, evidence-based case, a dedicated legal team can counter the “biker bias” and hold the responsible party accountable for their share of the damages.
FAQs about Shared Fault in Motorcycle Accidents
Here are answers to some common questions riders have when they are concerned about sharing fault for a crash.
What if I wasn’t wearing a helmet when the accident happened in Missouri?
Missouri has a complex helmet law. While riders over 26 may not be required to wear a helmet if they have health insurance, not wearing one can still impact a personal injury case. An insurance company may argue that your failure to wear a helmet contributed to the severity of your head injuries. This is known as the “helmet defense,” and it can be used to reduce your compensation, but it does not prevent you from filing a claim.
The other driver’s insurance company has already offered me a quick settlement. Should I take it?
You should be very cautious about accepting an early settlement offer. These initial offers are often far less than what your claim is actually worth. Insurance companies make them hoping you will accept before you realize the full extent of your injuries and long-term costs. Once you accept a settlement, you cannot ask for more money later, even if your medical condition worsens.
How long do I have to file a motorcycle accident claim in Missouri?
In Missouri, the statute of limitations for most personal injury claims is five years from the date of the accident. This is a strict deadline. If you do not file a lawsuit within that time, you will lose your right to seek compensation through the court system forever. It is important to act well before this deadline expires to allow time for a proper investigation.
Contact Cook, Barkett, Ponder & Wolz for a Free Case Evaluation
Daniel J. Grimm, Motorcycle Accident Lawyer
If you have been injured in a motorcycle accident in Southeast Missouri, you don’t have to figure out the next steps by yourself. Even if you are worried that you might be partially to blame, our team at Cook, Barkett, Ponder & Wolz is here to listen to your story and explain your options. We understand the challenges bikers face and are committed to fighting for the fair compensation you need to rebuild your life.
With a deep understanding of the local roads and legal system in SEMO, we are prepared to stand up to insurance companies on your behalf. Our firm is founded on a commitment to our clients, taking the time to understand your unique circumstances so we can effectively advocate for you. Let us handle the legal process so you can focus on what matters most—your recovery.
You pay no fees unless we win your case. Contact us today at (573) 335-6651 or through our online form for a free, no-obligation consultation to discuss your motorcycle accident.