“Tort State” 

Missouri is a “tort state”, otherwise known as an “at-fault” state. This means that after any type of automobile accident, there must be a “fault” established. This fault needs to be exhibited prior to filing for compensation, due to the assumed negligence that comes with “fault”. If you are on a motorcycle and a car hits you, they are the one that is at fault. They could have been distracted by their phone or driving recklessly and cutting you off; either way, if they caused the accident, you are not at fault. This is because their negligence is what caused the wreck and also caused your bodily injuries. 

A knowledgeable attorney will establish this fault before taking a case in order to gather evidence – this is exactly what our personal injury lawyer, Jerry Wallentine, and his paralegals achieve after the first consultation. They work to confirm that the potential client is not at fault, seeing that our firm represents those who are the victim of another person’s carelessness. 

Pure Comparative Negligence 

In Missouri, the rule followed by the state is called “pure comparative negligence”. It specifies that regardless of your fault, you are still able to receive some type of compensation. Meaning that even if you are 90% responsible for an accident, you are able to receive compensation for the remaining 10%. That being said, sometimes tricky insurance companies try to spin the story and make it seem like the victim is partially at fault. This is so that the victim receives less compensation from the at-fault insurance company. 

For motorcyclists, insurance companies attempt to place liability on the motorcycle rider because there is “risk” involved in motorcycle riding. However, Missouri explicitly states that this is not allowed. A Missouri statute specifically pertaining to motorcycle accidents states, “In any action to recover damages arising out of the ownership, common maintenance, or operation of a motor vehicle, the fact that one of the parties was operating a motorcycle shall not, in and of itself, be considered evidence of comparative negligence” (MO.GOV 537.055). This will protect motorcyclists from these tricks that insurance companies try to use, and a personal injury lawyer will understand this. 

Martin & Wallentine, LLC

If you or a family member have been in a motorcycle accident in Missouri, you need to call Jerry Wallentine. He is an extremely knowledgeable personal injury attorney, and he will know every avenue that can be exhausted when it comes to getting you the maximum compensation.