What Is a Motorcycle Accident Claim?
A motorcycle accident claim is a personal injury lawsuit brought by an injured rider against the at-fault driver (and sometimes the rider's own insurance company under Uninsured/Underinsured Motorist coverage). Missouri motorcycle riders are far more vulnerable than car occupants — and the injuries are correspondingly severe. Unlike a car-on-car crash where both drivers walk away with bruises, motorcycle collisions routinely involve road rash, broken bones, traumatic brain injury, spinal damage, and fatal injuries. The legal claim exists because the rider who caused the crash through careless driving — turning left without yielding, drifting across lanes, opening a door into traffic, or driving impaired — is financially responsible for the harm.
Two Missouri-specific issues make motorcycle claims uniquely challenging. First, Missouri's helmet law (RSMo § 302.020) only requires helmets for riders under 26, learners-permit holders, and riders within their first two years of licensure. For everyone else, helmets are optional — yet insurers routinely argue that an unhelmeted adult rider assumed the risk of head injury to reduce or eliminate those damages. Second, Missouri's pure comparative fault rule (RSMo § 537.765) is applied aggressively to riders, with insurers asserting fault percentages far above what crash reconstruction supports. Both situations require an attorney experienced in motorcycle cases specifically. Mark Taran has represented Missouri riders in St. Louis, Kansas City, and statewide, at no cost unless a recovery is obtained.
To win a motorcycle accident claim, you must show: (1) the other driver owed you a duty to operate their vehicle with reasonable care; (2) the other driver breached that duty by acting carelessly or violating a traffic law; (3) the breach caused the crash and your injuries; and (4) you suffered quantifiable damages — medical bills, lost wages, pain and suffering, property damage to the bike and gear. UM/UIM claims against your own insurer require proof that the at-fault driver was uninsured, underinsured, or a hit-and-run, and that your damages exceed the at-fault driver's available coverage.
Common Causes of Missouri Motorcycle Crashes
Most motorcycle crashes are not the rider's fault. When a passenger vehicle collides with a motorcycle, the violation almost always traces back to the driver of the larger vehicle — not the rider. The most common causes share a recurring theme: a motorist failing to see, yield to, or share the road with a vulnerable rider.
🚦 Left-Turning Vehicles at Intersections
The #1 cause of motorcycle fatalities nationwide. A car turning left across oncoming traffic fails to see the approaching motorcycle, misjudges its speed, and turns directly into the rider's path. Police crash codes this as the other driver's failure to yield — the rider had the right-of-way.
🚗 Unsafe Lane Changes
Drivers who merge or change lanes without checking mirrors or blind spots routinely strike motorcycles they "didn't see." Missouri law (RSMo § 304.020) requires drivers to maintain proper lane position — drifting into a motorcycle's lane is a clear traffic violation.
📱 Distracted Drivers
Texting, eating, adjusting navigation, or talking to passengers takes a driver's eyes off the road long enough to drift into a motorcycle's lane. Cellphone-use evidence (text logs, app timestamps) is increasingly available to prove distraction in motorcycle claims.
🚪 "Dooring" — Opened Car Doors
A common urban motorcycle crash: a parked driver opens their door into the roadway without checking mirrors, and an oncoming rider has no time or room to avoid it. Missouri drivers have a duty to check before opening a door into traffic.
🚫 Impaired Drivers
Alcohol- or drug-impaired drivers cause a disproportionate share of fatal motorcycle crashes. Field sobriety evidence, BAC results, witness statements, and bar receipts often establish impairment clearly enough to support punitive damages in addition to compensatory.
⚠️ Road Hazards & Debris
Gravel, sand, oil patches, potholes, railroad crossings, and pavement seams are routine driving conditions for cars — but can flip a motorcycle instantly. When a municipality or property owner knew about a hazard and failed to fix or warn, a claim against the responsible entity may apply.
Free Motorcycle Case Review
Takes 60 seconds. Mark personally reviews every submission. No fee unless you win.
✓ Request Received
Mark will contact you within 24 hours. Call (573) 227-8841 if you need to speak with someone sooner.
The 6-Step Protocol After a Missouri Motorcycle Crash
Motorcycle scenes get cleaned up fast. Bike gets towed, gear gets bagged, helmet gets replaced, and within days the evidence starts disappearing. What you do in the first hours after a motorcycle crash directly determines whether you can prove the other driver's fault — or whether their insurer can blame you. These six steps protect your rights from the start.
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1
Seek medical care immediately, even without visible injuries Adrenaline masks concussion, internal bleeding, and spinal trauma. Road rash hides fractures underneath. A brain bleed missed in the first hour can become fatal in the second. Prompt medical care creates the documentation that ties your injuries directly to the crash — and the absence of a medical record within 24 hours is the single biggest argument insurers use to deny motorcycle claims.
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2
Call 911 and get a police crash report Demand a police response if officers do not arrive on their own. A written crash report establishes the at-fault driver's identity, often includes the officer's preliminary fault assessment, and captures witness information at the scene. Without a police report, the at-fault driver's version of events becomes the dominant narrative.
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3
Preserve your helmet, gear, and motorcycle untouched for inspection Do not repair, wash, or replace your helmet, jacket, gloves, boots, or the motorcycle until your attorney arranges an independent inspection. These items are physical evidence. The at-fault driver's insurer will seek to examine them — but they should be examined by a neutral expert chosen by your attorney, not by an adjuster whose employer is paying the bill.
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4
Photograph the scene, your bike, your gear damage, and your visible injuries Photograph the crash scene from every angle before the bike is moved. Photograph the road surface, debris, skid marks, weather conditions, and traffic signs. Photograph every scratch, dent, and scuff on your bike and gear. Photograph your visible injuries — bruising, swelling, road rash — and re-photograph them every few days as they heal or worsen.
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5
Collect witness info and dashcam / business-surveillance footage Witnesses at intersections disappear quickly. Get names, phone numbers, and email addresses on the spot. Identify every nearby business with exterior cameras (gas stations, storefronts) and every driver who may have dashcam footage — these videos are typically overwritten within 7 days, so requesting them promptly through an attorney is critical.
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6
Do not give a recorded statement to the other driver's insurer The at-fault driver's adjuster will call within days — sometimes hours — to ask for "your side of the story" in a recorded phone call. Anything you say will be used against you. Casual remarks ("I didn't see him," "I was going a bit fast," "I wasn't wearing a helmet") become the basis for percentage-fault allocations. Politely decline, refer the adjuster to your attorney, and call Mark Taran before any statement is given.
Serving Injured Missouri Riders Across the State — Including St. Louis and Kansas City
Taran & Associates represents injured motorcycle riders throughout Missouri. Crashes are especially frequent on the high-traffic corridors around St. Louis and Kansas City, where commuter density mixes with weekend riders and tourist traffic. Whether you were hit by a left-turning driver in St. Louis, injured in a lane-change crash on I-70 near Kansas City, or rear-ended by a distracted driver anywhere in Missouri, Mark Taran will evaluate your case for free — and take it on contingency if it has merit.
- Left-turn and intersection crashes at city intersections
- Highway and interstate collisions on I-44, I-55, I-70, and US-63
- Hit-and-run crashes requiring UM/UIM claims
- Impaired-driver crashes (DUI-related)
- Distracted-driver crashes (texting, inattention)
- Road-hazard crashes involving potholes, gravel, and pavement defects
Motorcycle Injuries & Damages
Motorcycle injuries are categorically more severe than car-occupant injuries because the rider has no steel frame, no airbags, and no seatbelt. Even a low-speed crash can produce lasting disability. Even a "minor" road-rash case can involve skin grafts, weeks of wound care, and permanent scarring. The injuries that follow frequently cost hundreds of thousands of dollars in medical care and lost earning capacity.
🏃 Road Rash & Soft Tissue
When a rider slides across pavement, friction strips skin and underlying tissue. Severe road rash requires debridement surgery, skin grafts, and weeks of painful wound care. Infections are common, and scarring is permanent — affecting both compensation amounts and quality of life.
🦵 Lower-Extremity Fractures
Tib/fib fractures, femur breaks, and ankle/pelvic fractures are the most common motorcycle injuries — occurring when the bike lands on the rider's legs or when the rider's legs catch the impacting vehicle. Surgery, hardware, and months of non-weight-bearing recovery are typical.
🧠 Traumatic Brain Injury (Unhelmeted)
When a rider's head strikes pavement or a vehicle at speed, even a "minor" concussion can develop into post-concussive syndrome or a permanent TBI. Cognitive impairment, mood changes, memory loss, and personality shifts can last months or a lifetime — and frequently affect the rider's earning capacity.
👉 Biker's Arm (Brachial Plexus)
A signature motorcycle injury: when a rider instinctively braces with an outstretched arm, the brachial plexus nerve network can be stretched or torn, causing permanent loss of arm function, chronic pain, or partial paralysis. Surgery often cannot fully restore strength and range of motion.
⚡ Spinal Cord Injury & Paralysis
Spinal fractures and disc herniations are common; complete spinal cord transection is rarer but catastrophic. Paraplegia or quadriplegia in a working-age Missouri rider typically exceeds $2–$5 million in lifetime care costs — making these the highest-value motorcycle claims.
✝️ Fatal Motorcycle Crash
When a crash kills the rider, the family may bring a wrongful death claim under RSMo § 537.080. Recoverable damages include funeral costs, lost financial support, loss of consortium and companionship, and grief damages — typically yielding the highest-value motorcycle cases when liability is clear.
Damages You Can Recover
Medical expenses — all past and future costs: emergency transport, surgery, ICU stays, skin grafts, orthopedic hardware, physical therapy, prescription medications, helmet-replacement costs, and projected lifetime care for permanent injuries such as paralysis or TBI.
Lost wages and earning capacity — income lost during your recovery period, plus reduced future earning capacity if your injuries prevent you from returning to your previous occupation, force you into lower-paying work, or require retraining. Many riders cannot return to physically demanding jobs.
Pain and suffering — Missouri does not cap non-economic damages in motorcycle cases. Juries are free to award whatever amount reflects the severity, duration, and life impact of your physical pain and emotional suffering. Motorcycle cases often yield higher pain-and-suffering awards than car cases because the crash and injuries are more dramatic.
Property damage — the cost to repair or replace the motorcycle, helmet, jacket, gloves, boots, and any other gear destroyed in the crash. Missouri riders typically have several thousand dollars of protective gear that must be replaced.
Frequently Asked Questions
Free Motorcycle Case Review
Takes 60 seconds. Mark personally reviews every submission. No fee unless you win.
✓ Request Received
Mark will contact you within 24 hours. Call (573) 227-8841 if you need to speak with someone sooner.