Motorcycle Accidents Attorneys in Manhattan, Kansas
Motorcyclists have a right to the road, but other drivers in trucks and cars do not always respect those rights. A distracted or careless driver can cause motorcycle accidents with devastating results. Your life can change forever if you or a loved one is involved in a motorcycle accident.
You must understand your rights and choices when pursuing justice for your injuries through the legal system. A knowledgeable personal injury attorney can help you become familiar with your options and take the best steps for a brighter future. At Oleen Law Firm, we have a combination of over 50 years of experience practicing law. We have the resources to answer your questions and direct you toward the correct path. We take a personal, empathetic, and assertive approach to each of our client's cases. Oleen Law Firm proudly represents clients in Manhattan, Kansas, and Junction City.
Steps to Take If You Were in a Motorcycle Accident
After the accident, you must take the correct steps to protect yourself and your case.
Seek Medical Help
You should see a qualified healthcare professional as soon as possible. You may not feel like you suffered injuries that need medical attention, but for the sake of future injuries appearing and your case, it is vital to have a professional examine you after the accident. You might not be able to identify all of your own injuries. It’s also important to seek medical help as soon as possible to have a record of the seriousness of the accident.
If possible, take photos of the scene of the accident, the other driver’s license plate and vehicle, your motorcycle, and the area in general. Exchange contact and insurance information with the other driver. If there were any witnesses to the accident, take down their information as well. And lastly, request a copy of the police report and keep copies of all of your medical records.
Kansas is a “no-fault” state, which means that even if the other driver was at-fault, you must turn to your own insurance for compensation for the accident. Contact your insurance company as soon as possible and inform them about the accident.
Hire a Personal Injury Attorney
In many cases, the insurance company will not offer appropriate financial compensation. Their goal is to protect their bottom line. When they offer a low settlement amount, speak with a personal injury attorney who can negotiate with the insurance adjuster on your behalf and take your case to court if necessary.
Kansas Motorcycle Laws
Be familiar with Kansas motorcycle laws as you file a personal injury claim.
Lane splitting, or lane sharing, is when a motorcyclist “rides the white line” between two lanes. This practice is prohibited in Kansas.
In Kansas, any motorcyclist younger than 18 must wear a helmet. All motorcyclists must wear protective eye gear such as protective glasses or goggles, or have an appropriate windscreen.
It is major to take extra caution when riding with a motorcycle passenger. Adjust and equip your motorcycle appropriately first. Then, instruct your passenger to sit forward as far as possible, firmly hold on, and follow all safety guidelines.
You should have a proper seat, footrests for yourself and any passengers, protective equipment, and adequate suspension. If you are carrying a load, exercise caution.
Determining Fault in Kansas
Because Kansas is a “no-fault” state, you may not seek compensation from the at-fault driver’s insurance policy at first. If your own insurance company does not offer fair compensation, you can seek compensation from the other driver. However, it must be shown that the driver was at fault.
To determine fault, you must prove that the driver had a duty of care, neglected to fulfill it, and their negligence caused the accident. For example, drivers have a duty of care to stop at red lights. If a driver did not stop at a light and crashed into your motorcycle, they did not fulfill their duty of care and may be held liable for their neglect.
Kansas follows the “comparative fault” rule, which means that if you were partially at fault for the accident, it changes how much compensation you can receive. If you were 50% or more at fault for the accident, then you would not be able to receive compensation.
If you were 25% at fault for the accident, and you were going to receive $10,000, then you would receive 25% less than that amount, or $7,500.
Filing a Claim for a Loved One
Motorcycle accidents can be extremely dangerous. A loved one may be forever disabled by an accident. In the worst-case scenario, they may lose their life. It is important to take time for yourself and your family after this tragedy.
You can choose to seek justice through the legal system on behalf of your loved one if they were permanently incapacitated or lost their life. If this is the case, you can file a wrongful death lawsuit. Speak with a knowledgeable and compassionate motorcycle accident attorney to learn more about your options.
Motorcycle Accidents Attorneys Serving Manhattan, Kansas
All it takes is one moment of distracted driving to cause a serious accident. At Oleen Law Firm, we are committed to bringing our extensive experience and empathetic approach to each of our client’s cases. We’ll be honest with you and guide you through each step from start to finish. Oleen Law Firm proudly represents clients in Manhattan, Kansas, and Junction City. Contact our firm today to schedule a consultation.