Motorcyclists must exercise significant caution when on the road, since those particular types of vehicles leave their bodies exposed, as opposed to a regular passenger car with a metal body encasing the driver and passengers. Understandably, those riding motorcycles have a higher chance of serious head injuries, spinal cord injuries and even death when an accident does occur. Unfortunately, one biker’s death underscored how dangerous riding a motorcycle can be after a recent crash in Missouri.
The incident occurred one night in mid-September when the motorcyclist was driving eastbound on a local roadway. At the same time, a car was headed west on the same road. The car ended up turning left as the motorcyclist was approaching from the opposite direction. This caused the two vehicles to collide as the car crossed the path of the biker.
The police arrived at the scene of the incident immediately after and began an investigation into what happened. Witnesses reported to authorities that they saw the motorcycle driving at an excessive rate of speed. The motorcyclist died at the scene of the crash. The driver of the passenger vehicle suffered minor injuries. Authorities have yet to report on who may have been at fault in the incident.
In this particular case in Missouri, it could possibly be argued that both drivers bore responsibility since the motorcyclist was reportedly driving at an excessively high speed. However, this does not mean the family of the motorcyclist cannot collect monetary damages. Missouri recognizes the Pure Comparative Fault Rule, which allows for recovery of damages — whether for serious head injuries, other wounds or a fatality — based upon a determined percentage of fault. If a court rules that both parties were equally at fault, the family of the biker would be entitled to an award to cover half of the financial damages sustained as a result of his death.
Source: fox4kc.com, “Accident involving motorcycle leaves one man dead“, , Sept. 21, 2014