Motorcycle Accident Lawyers in Topeka, Kansas

Get the help you need to maximize your claim for a serious motorcycle accident.

The lack of protection for motorcycle riders involved in collisions means that motorcycle accident injuries are some of the most serious on Kansas roads—often resulting in crippling injuries or even death.

In fact, the National Safety Council reports that although motorcycles make up only three percent of all registered vehicles in the U.S., motorcyclists account for 14 percent of all traffic fatalities.

If you or a loved one has been injured in a motorcycle accident in Topeka, the lawyers at ITR Law can help you recover the maximum possible damages for economic losses such as medical bills, as well as pain and suffering and lost earnings.

Common types of motorcycle injuries in Kansas

Most motorcycle accidents on the Topeka roads result in some form of injury to the motorcyclist as well as damage to the motorcycle.

Safety gear like helmets and proper clothing helps but does not always prevent serious injuries. Most commonly, we see the following types of motorcycle accident injuries:

• Traumatic brain injuries (TBIs): these are especially common if the motorcyclist is not wearing a helmet but, at high speeds, even helmets don’t offer full protection and riders often suffer a severe blow to the head and serious damage to the brain.
• Back/spinal cord injuries: these serious injuries can result from motorcyclists being thrown from the motorcycle and striking the ground, pole or other object with extreme force.
• Broken bones/fractures: direct impact with other vehicles and objects often causes broken bone injuries.
• Burn injuries: collisions can result in severe burn injuries, often leaving victims disfigured for life with scarring.
• Amputations: in some serious accidents, a motorcyclist can suffer a traumatic amputation of an arm or leg that gets trapped between another vehicle and the road or another object. Surgical amputation may also be medically necessary because of damage to the limb.
• Internal damage: motorcyclists commonly suffer from internal organ damage because of the lack of protection compared with car or truck drivers.
• Disfigurement: after a collision, scarring and “road rash” injuries can lead to permanent disfigurement, which can take a heavy toll on victims mentally as well as physically.
• Degloving: this is where the top layer of skin and tissue is torn away from the underlying muscle and bone due to traumatic impact.

What compensation is available for motorcycle accident victims?

The level of compensation that a motorcycle accident victim can claim depends largely on the extent of the injuries and whether the rider was partly liable for the accident that caused the injuries.

Injured motorcyclists can usually claim the following economic and non-economic losses…

Economic losses

• Medical costs, such as ambulance bills, emergency medical care, surgical costs, medications, etc.
• The cost of in-home care if applicable
• Rehabilitation therapy expenses
• Counseling for emotional trauma
• The costs of medical assistive devices
• The costs of modifications to the home and vehicles (for disabled victims)
• Property damage
• Present and future lost wages

Non-economic losses

• Psychological and emotional distress
• Pain and suffering
• Loss of quality of life
• Loss of consortium

Compensation for a wrongful death

Unfortunately, many motorcycle crash victims don’t survive their injuries. If a motorcycle accident results in the death of a loved one, the spouse, parents, children or siblings of the deceased can file a wrongful death claim against the party responsible for the accident.

The family can claim a range of economic and non-economic losses, including compensation for medical expenses and the costs associated with funeral expenses, as well as for the loss of income and loss of consortium.

Claiming the compensation due for motorcycle accident victims can be challenging, especially while recovering from injuries.

Many Topeka accident victims are not prepared for the strategies used by insurance companies to minimize claims. Often, loss adjusters make the process extremely difficult and may push for a lowball settlement that, if signed, means that the victims never receive the compensation they deserve.

A seasoned motorcycle accident injury lawyer is aware of these strategies and will not settle for anything less than full compensation for injuries. An experienced attorney will also ease the burden associated with lodging and advancing the claim, handling all aspects of the accident investigation process, proving liability, dealing with all communications with the insurance company, preparing for any legal hurdles and even filing a lawsuit if necessary.

The vast majority of personal injury claims are settled out of court but by seeking representation from an established Topeka accident lawyer, you signal to the liable party that you will not back down and are prepared to fight the matter in court. You also “even up” the contest with the insurance company because you can rest assured that powerful lawyers will represent them.

In summary, a motorcycle injury attorney will assist your post-accident situation in the following ways:

• Protecting your legal rights
• Advising you of your legal options and answering questions
• Investigating the accident
• Proving liability
• Determining the correct value of the damages caused by the accident
• Communicating with the insurance company of the at-fault party
• Combating underhand strategies used by loss adjusters
• Handling all documentation for the claim
• Supporting your welfare and legal position
• Representing you in court, if necessary

No-fault benefits are paid by your own insurance policy, according to the mandatory minimum level of insurance required by motorists to drive in the state.

Kansas personal injury protection (PIP) no-fault benefits pay for medical bills and certain other losses if you’re injured in a motor vehicle accident, regardless of who caused the crash.

Motorcycle drivers can opt out of the no-fault insurance. If they do this and are injured in an accident that requires hospital treatment, their medical bills won’t be paid right away by the insurance after the accident.

Victims must send their medical bills to their health insurance company (if they have health insurance) because the liability and personal injury claim may not be settled until much later. Your personal injury lawyer can advise you and your family on how to proceed to minimize the financial impact.

Kansas has adopted a modified comparative negligence rule in personal injury cases. This means that motorcycle injury victims can claim compensation even if they were partly at fault for the accident.

In most motorcycle accident cases, the comparative vulnerability of motorcyclists is taken into account. Other vehicle drivers, such as car and truck drivers, must exercise reasonable care to avoid colliding with motorcycles. However, this consideration works alongside any fault that can be attributed to the motorcycle driver.

For instance, if the motorcycle driver is proven to be 25 percent at fault for the accident that caused his/her injuries, the compensation awarded will also be reduced by 25 percent. If the motorcyclist is 50 percent or more at fault, no recovery is possible.

Motorcycle accidents are a specialist area of personal injury law and it will help your case to have an experienced motorcycle accident injury lawyer on your side.

If you or a loved one has been injured in a motorcycle accident in Topeka, speak to a personal injury lawyer at ITR Law during a free case evaluation. We can advise you of your legal options and assess how best to claim compensation for your injuries.