Kansas City Motorcycle Accident Lawyer

Unlike passenger vehicle occupants, motorcycle riders have little to protect them from accidents. As a result, they often sustain serious injuries in crashes with cars. If you’re an insured motorcyclist who has been in a crash on your bike, you can work with a Kansas City motorcycle accident lawyer to recover damages that could help you pay your medical bills, make up for lost wages, and get the compensation you deserve.

Trust the Kopit Law Firm

Before you file a motorcycle accident claim, contact the Kopit Law Firm. Founding attorney Michael Kopit has extensive experience in handling serious motor vehicle accident claims, including motorcycle accident cases. Michael provides aggressive representation against at-fault drivers. He got his start defending businesses and insurance companies against personal injury claims.  

Now, he’s ready to use his knowledge to help accident victims recover the compensation they need and deserve. He levels the playing field against the large companies representing drivers who try to take advantage of his motorcycle accident victim clients. He makes sure their rights are protected and they move forward with the compensation they deserve after a serious motorcycle accident.

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Reasons to Hire a Motorcycle Accident Lawyer

In 2023, a total of 18 motorcyclists died in crashes on Kansas City’s streets and highways, breaking the previous record of 17 deaths set in 2021. In 2025, a total of 131 motorcyclists were killed across the Show-Me State. In 2024, 154 riders and passengers were killed, and another 1,950 were injured in the 2,391 crashes that occurred. As you can see, riding a motorcycle in Missouri is not the safest activity.

If you’ve been injured or you’ve lost a loved one in a motorcycle crash, you can hire a motorcycle accident lawyer to take on your case. Your Kansas City motorcycle accident attorney can help you:

• Determine liability for the accident.
• File your initial claim or file a lawsuit.
• Collect evidence to support your claim.
• Negotiate with insurance companies.
• Try your case should it go to trial.
• Protect your rights and interests throughout this legal process.

Motorcycle accident claims can be complex. Hiring an attorney is the most effective way to increase your odds of receiving a fair settlement.

Common Causes of Motorcycle Accidents

Motorcycle accidents happen for all kinds of reasons. Some of the most common causes of motorcycle accidents include:

• Blind spot collisions. Motorcycles have a smaller profile than cars, which leads to their being hidden more easily in other vehicles’ blind spots. This can lead to dangerous situations in which passenger vehicle operators don’t see motorcycles during lane changes or merging maneuvers, resulting in collisions.
• Intersection collisions. Motorcycles are harder to spot at intersections than larger vehicles, which helps to explain why biker-versus-vehicle collisions are so common in these areas. Motorcycles are also prone to left-turn accidents due to other vehicles failing to yield to oncoming traffic.
• Road hazards. Road hazards that are minor inconveniences for passenger car drivers can pose significant hazards to riders. They include uneven pavement, gravel on curves, railroad crossings, potholes, oil slicks, debris in the road, and puddles. In some cases, the KCMO Public Works Department may bear liability for accidents caused by road conditions.
• Drunk driving. Drivers operating a motor vehicle while impaired is a leading cause of fatal motorcycle accidents.
• Design and manufacturing defects. In some cases, motorcycle accidents are caused primarily by design or manufacturing defects. Defective parts often get recalled, but motorcycle riders may still suffer injuries as a result of them. If you’re one of the many riders affected, you may be able to file a claim against the motorcycle or parts manufacturer.

Common Injuries in Motorcycle Accidents

Motorcycle accidents are more likely than car crashes to result in severe or life-altering injuries. Riders have little to protect them from the force of impact should a collision occur, even if they are wearing helmets. Some of the most common injuries suffered by motorcycle riders include:

• Road rash. Road rash occurs when a rider is thrown from the bike and slides on the road or pavement, causing skin abrasions and lacerations.
• Injuries to the extremities. When riders get ejected from their motorcycles, the impact can cause broken bones and other injuries. Leg injuries are uniquely common in motorcycle accidents because the lower extremities tend to take the force of the impact. These injuries can require extensive rehabilitation.
• Crushing injuries. When a rider gets pinned beneath their motorcycle, it can cause crushing injuries. In worst-case scenarios, these may lead to surgical amputations.
• Spinal cord injuries. Spinal cord injuries can lead to full or partial paralysis. Long-term impacts can include loss of sensation, inability to move the extremities, pain, and altered bodily functions such as impotence and incontinence. Spinal cord injuries often require long-term medical care.
• Traumatic brain injuries. TBIs are some of the most severe injuries a motorcycle rider can sustain. They’re particularly common among riders who don’t wear their helmets, but even in the presence of helmet use, the impact from a crash can lead to the brain shifting within the skull, leading to a TBI.

The symptoms of TBIs often emerge gradually, which is one of the reasons it’s so important to be medically evaluated following a crash, even if you don’t think you’ve been hurt or the injury does not seem apparent at first.

Wrongful Death Claims Related to Motorcycle Accidents

In 2024, the fatality rate for motorcyclists was 27 times that of passenger car occupants involved in accidents. In these cases, the surviving family members of deceased riders may be able to recover damages from the at-fault parties by filing wrongful death claims. 

Wrongful death claims can allow surviving family members to recover significant damages, including:

• Loss of companionship
• Medical bills
• Funeral costs
• Burial costs
• Loss of future earnings
• Pain and suffering of the deceased before their death

Only certain surviving family members are eligible to file these claims in Missouri and Kansas, a motorcycle accident lawyer can help determine who has the right to sue or make a claim to hold the liable party accountable.

Who’s Liable for Motorcycle Accidents?

Most motorcycle accident claims are based on negligence. You can prove negligence by showing that the driver or other liable party:

1. Owed a duty of care. Drivers, motorcycle manufacturers, and the municipal authorities responsible for road maintenance all owe a duty of care to riders, though the specific duty of care owed varies depending on who is liable for the crash.
2. Breached their duty. Negligence involves breaching one’s duty of care toward another, in this case, toward the injured motorcycle rider. This can be done by driving while drunk or distracted, failing to maintain the roads adequately, or manufacturing a defective bike among other acts and omissions.
3. Caused your accident. Causation is broken down into two categories – Causation in Fact and Proximate Cause. Both Kansas and Missouri generally use a “but for” test to establish Causation in Fact meaning a plaintiff must show the injury would not have occurred but for the defendant’s conduct. Proximate cause is established in Kansas and Missouri by establishing that the harm or risk of harm was a foreseeable consequence of the wrongful conduct.
4. Caused actual damages. Finally, you will have to show that you suffered compensable damages. You can use evidence such as hospital bills, medical records, receipts for over-the-counter drugs, pay stubs to show lost wages, and expert witness testimony to do so. You are also able to recover for non-economic damages like pain, suffering, and loss of enjoyment of life.

In any wreck, fault must be apportioned between the parties involved.  Kansas courts allow litigants to use the “empty chair” defendant meaning that fault can be apportioned to non-parties in the case.  Missouri requires that fault be apportioned only to the named parties. Kansas follows a modified comparative fault system that provides that a plaintiff may recover damages in a negligence action only if their fault is less than the combined fault of the defendants.  Specifically, if the Plaintiff’s negligence is 50% or greater, recovery is barred.  If the Plaintiff’s negligence is less than 50% the damages awarded are reduced in proportion to the percentage of fault attributed to the Plaintiff, if any. 

Missouri employed a “pure” comparative fault system.  Under this system, a plaintiff’s contributory fault does not bar recovery, regardless of the percentage of fault to the plaintiff.  Instead, the plaintiff’s damages are reduced in proportion to their percentage of fault.  Moreover, with some exception, if a defendant is found to bear 51% or more of fault, they are jointly and severally liable for the entire judgment.  However, if a defendant’s fault is less than 51%, they are only severally liable for their proportionate share of the damages. 

Factors That Influence Final Settlement Amounts

Damages are determined on many factors including, but not limited to:

• The cost of your current and future medical expenses, including rehabilitation, medications, and ongoing physical therapy
• The severity of your injuries, particularly if they result in permanent disability
• Whether you lost wages while healing from your accident or anticipate losing earning capacity in the future
• The pain and suffering you were caused by emotional distress, psychological trauma, and loss of enjoyment of life
• The property damage caused to your bike or any possessions you had with you at the time of the accident
• Damage caps
• Punitive damages for aggravating circumstances
• Emotional distress, pain, suffering, and loss of enjoyment of life

If you want to get a clear idea of the value of for your motorcycle accident claim, you can contact Kopit Law Firm to discuss the details of your case. Michael Kopit can evaluate the evidence and the circumstances of the accident, then give you a reasonable estimate of what the value of your case might look like.

FAQs

Q: Who Is Usually at Fault in Motorcycle Accidents?

A: The drivers of passenger vehicles are usually at fault in motorcycle accidents, but the circumstances vary. Drivers may be speeding, distracted, drunk, or simply fail to see the motorcycles, leading to a collision.  A municipality may also be at fault for the condition of the roadway.

Q: Is Missouri Still a No-Fault State?

A: No, Missouri is not a no-fault state. It has a fault-based system in place for handling motor vehicle accident claims, which means that motorcyclists injured in accidents can file claims against the drivers responsible for the crashes. Drivers are required to carry liability insurance, which is how they pay for damages sustained by motorcycle riders when they get into accidents. You file your claim with the liable driver’s insurance company.  If you cannot settle the claim, then there is the option to proceed with a lawsuit against the driver.  While a pre-suit settlement demand is not required before filing a lawsuit, a pre-suit settlement sometimes helps get the claim resolved quickly and outside of court.

Q: What is the value of my case?

A: We understand that no amount of money compensation can truly make up for the injuries a person sustains in a crash.  However, the value of the case often depends on the severity of injuries.  For example, whether an injury is catastrophic or results in permanent disability may affect the value of a case.  Additionally, in a wrongful death case, facts such as the decedent’s earning capacity, life expectancy, and emotions/psychological relationship with survivors are considered.  Moreover, the actions of the defendant play a role because they may trigger punitive damages.

Your Kansas City Motorcycle Accident Lawyer

If you’ve been injured in a crash on your bike, you need to find a Kansas City motorcycle accident lawyer to help you with your claim right away. Michael Kopit from the Kopit Law Firm is here to help. He has extensive experience in personal injury law, having worked on both sides of the aisle, and is ready to bring the skill he has developed over his years in practice to your motorcycle accident case. Contact Kopit Law Firm today to schedule an initial consultation.