Missouri Injury Law Blog

What is an "Owned Vehicle Exclusion"? First you need to understand that UM coverage and UIM coverage are the type of coverage that follows the insured person, not the vehcile if they are hurt by a negligence driver with either no insurance (uninsured motorist or "UM") or with little insurance (under-insured motorist or "UIM"). For discussion about different types of auto insurance liability coverage in Missouri see: Uninsured and Under-insured Motorist Coverage - Breaking Down Car Insurance Coverage in Missouri. The "owned vehicle exclusion" tries to say if you are injured while operating a vehicle not included on the insurance company's policy you have with them that includes UIM or UM coverege, then they claim the UM or UIM coverage does not cover you because you were operating a vehicle not covered by them.

In a Missouri Supreme Court opinion just issued January 8, 2013, the Missouri Supreme Court overturned the trial court holding that the injured victim in a St Charles motorcycle crash has insurance limits of $400,000 available under his under-insured ("UIM") motorist coverage because he has separate UIM policies on 4 different vehicles and the four separate $100,000 UIM coverage policies "stack" to equal a total of $400,000 in available UIM insurance coverage for the motorcycle accident injuries. Additionally, holding that the "owned vehicle exclusion" under the policies did not apply to deny coverage of the UIM amounts. See Missouri Supreme Court Opinion in Manner v. Schiermeier, SC # SC92408 issued 1/8/2013.

The trial Judge in St Charles County and the Eastern District Court of Appeals both denied the coverage to the injured victim holding that the UIM policies were not recoverable under the "owned vehicle exclusion". These owned-vehicle exclusions state: "This coverage does not apply for bodily injury to a person: ... While occupying, or when struck by, a motor vehicle that is not insured under this policy if it is owned by you or any resident of your household.". The insurance company claimed that the injured cyclist owned the motorcycle he was riding when hurt and that, because it was insured under a different policy than the ones insuring the other three vehicles, this owned-vehicle exclusion precluded coverage under those policies.

This case turned on very specific facts and the Supreme Court's view that the insurance company did not prove ownership and that the policy's definition of ownership was vague and ambiguous, therefore, any ambiguity is construed in favor of the insured and against the insurance company. In this case the victim had partially paid his uncle for the motorcycle and was in possession of it, however, he did not have title to the bike and had not paid it off, therefore, it was argued that he did not "own" the motorcycle. "Ownership" was not defined by the insurance policy, so the court leaned to the injured motorcycle rider when interpreting the policy provisions that were vague.

The St Charles motorcycle lawyers that handled this case did an excellent job getting the maximum recovery for their client. This is an example of why it is so important to hire good lawyers to navigate your way through an injury claim or lawsuit. Having a Missouri personal injury attorney in this case meant the difference between $100,000 recovery and a $400,000 recovery.

If you have been hurt, call us, (314) 863-0500 or contact us online.

To most people, it is probably no surprise that a motorcycle rider is thirty times more likely to die in a motorcycle accident than a drive or passenger in a car accident. Oftentimes a motorcycle accident occurs at high speeds or as the result of a collision with a car or truck that is many times larger than the motorcyclist or their motorcycle. The only protection is a helmet and a layer of leather or other protective clothing. The fact that severe injury is more likely does not let negligent drivers off the hook for the injuries a motorcycle rider incurs. It is an improper defense to argue that a motorcyclist would not been hurt as bad had they been driving a car when the accident occurred. Many auto insurance representatives or their defense lawyers will try to make that claim. Don't let them get away with it!

According to the GAO (Government Accountability Office), the federal government's accountant, a fatal motorcycle accident costs an average of $1.2 million and non-fatal motorcycle accidents cost around anywhere between a few thousand dollars to $1.2 million. With the high cost come high damage claims against the negligent party, as "costs" do not include the harms and losses suffered by the victim. By harms and losses I mean the daily physical and mental suffering from having a permanent injury or disability. The harms and losses suffered and easily equal several million dollars in a Missouri or Illinois motorcycle accident case or wrongful death case.

If you have been injured in a motorcycle accident call an injury lawyer now to discuss your options. We handle Missouri motorcycle injury cases and Illinois bike accident cases, however, even if your injury case is not in our area, contact us and we will help you find a good bike accident lawyer in your area, no charge.

Tips to avoid/reduce injury from a motorcycle crash:

1: Wear a helmet - According to the National Highway Traffic Safety Administration helmets prevent thousands of motorcycle deaths every year.

2: Brake Quickly with Both Front and Rear Brakes - Using both the front and back brakes will help you slow down much faster. Typically the front brake is the most effective in slowing you down, however, front brakes can also cause you to lose control if hit too hard. If you feel that loss of control, pump the front brake but keep the rear brake held down tight.

3: Avoid Laying the Bike Down - About 10 years ago I had a driver pull out on front of me when I was riding my motorcycle at about 35 MPH. The collision was unavoidable and my reaction was to immediately lay the bike down and slide into the car. My body slide under the car and my head violently struck the rocker panel. Luckily I was wearing a full face helmet. Simply put, rubber on tires and brakes are more effective at stopping or slowing you down than sliding on metal.

Related Motorcycle Law Articles:

Mexico Missouri Motorcycle Death sparks calls for Bike Safety

Uninsured Motorist Claim involved in St Louis Accident Case

Death from car accidents are currently at historic lows. That is great news to know that the safety rules are being enforced through criminal and civil law to make the roads safer for everyone. Particularly stronger law enforcement and more social stigma related to drunk driving and car accidents.

One group that is not see a drop in injuries from accidents is motorcycle riders. In fact, motorcycle deaths have more than doubled in the last 30 years to around 5,000 per year. According to reports by several agencies, the rise of deaths is clearly seen in the states that have loosened or repealed the helmet laws. Currently, only 19 states require every rider to wear a helmet. In 1970, 47 States required helmets for all riders, that is a 28 state difference in 30 years. Most recently was Michigan' s repeal of it 50 year old helmet law. Many groups, myself included, believe the helmet laws encourage public safety on the roadway, much like seat belt laws, which no one tries to repeal, because its just common sense. However, Biker groups argue helmet laws infringe on their personal freedom, and say the government instead should emphasize rider training to prevent crashes from happening in the first place. But isn't requiring more training curtailing personal freedoms as well?

The causal connection is obvious, crashing on a bike hurts, bad! Not having a helmet means the biker suffers head injury leading to severe injury or death. Without a doubt wearing a helmet makes riding a motorcycle safer. Helmet laws are the best way regulators have to reduce deadly accidents. NHTSA estimates that helmets saved 1,483 lives in 2009, and another 732 deaths probably would have been avoided if all riders worn helmets. The social costs of the motorcycle injuries and deaths are also huge: a 2008 agency estimate concluded that $1.3 billion in medical bills and lost productivity would have been saved if all bikers had worn helmets.

I have personally been in 2 motorcycle accidents. I always wear a full face helmet when I ride. In one accident I doubt wearing a helmet or not would have made much difference. However, in another accident, a car pulled out of a parking lot right in front of me, I had to drop my motorcycle and my body slid under the car. While I slid I was holding my head up to see where I was going and after going under the car my head violently struck the side of the car. Had I not been wearing a helmet the side of my head would have been severely injured and probably suffered a severe brain injury.

For detailed article on the arguments for and against helmets and the evidence linking no helmets to increased head injury and death, see "Despite Death Toll, Motorcycle Groups Strive to Muzzle U.S. Regulators"

Related Missouri Injury Law Articles:

Motorcycle Injuries on the Rise: Causes, Prevention, and Resolution

St Louis Missouri Motorcycle Accident Lawyer - Cases in the News

Continue reading "Motorcycle Deaths Rise in States that Repeal Helmet Laws " »

With over 10 years of practicing as an accident attorney handling Missouri motorcycle accidents, I often see what most people know, injuries sustained in a bike accident are generally much more sever than when a car crash occurs. Though it sounds simple, one very easy way to reduce the number of motorcycle accidents is to be more aware of the traffic surrounding your car. Something as small as paying attention could save a motorcyclist's life. Yet another in a long line of tragic accidents took place recently in Mexico, Missouri and resulted in the death of one man.

Officers have said that a motorcycle, driven by 48-year-old Michael Woodruff and carrying 41-year-old Kimberly Holmes, hit the back of a pick-up truck, driven by 52-year-old Harold Welschmeyer. Woodruff is now dead and Holmes is in the ICU. Around sundown, Mexico police officers responded to calls about a crash at Highway 22 and Curtis Street.

Officers have said that the truck was slowing while attempting to turn left when the motorcycle struck the rear of the truck. The motorcycle caught fire following the accident but was easily extinguished by emergency responders. The driver of the truck was not injured in the wreck and word on Holmes' condition has not yet been released.

Tales of such tragic accidents can make the idea of going for a ride seem like a death wish. While that's of course not true, there are far too many things that can go wrong when riding. The fact remains that motorcyclists are far more exposed than those in vehicles and lack any real protection, making them significantly more vulnerable to death or serious injury.

It is estimated that 100,000 motorcyclists were injured in motorcycle crashes last year, The GHSA said that preliminary numbers reported by states indicate that motorcycle fatalities remained at about 4,500 in 2011, close to the same level as 2010. The National Highway Traffic Safety Administration (NHTSA) says that, after declining in 2009 for the first time in 12 years, traffic accidents resulting in motorcyclist deaths increased slightly in 2010 to 4,502. The GHSA surmises that the increase in deaths occurred due to more people buying motorcycles as the economy improved in 2011 and 2012. Higher gas prices also contributed to the increased demand for bikes.

Given this uptick in demand it's crucial that drivers be on the lookout for those on the road who are more likely to be harmed in the event of a collision. Motorcycles are less safe than enclosed automobiles as they are less visible and less stabile than their four-wheeled counterparts. That does not mean that other motorists do not owe bikers a duty when they are out on the road. It is a driver's job to exercise due care and attention, and if they fail to live up to that duty, they should be held responsible for the consequences, such as paying medical bills, lost wages or damages for a wrongful death.

For information on how to protect your legal rights if you or a loved one has been seriously injured in an accident, call one of our St Louis Missouri accident attorneys today at 1-314-863-0500.

Source: "Fatal motorcycle crash under investigation," by Kate Lauman, published at ConnectMidMissouri.com.

See Our Related Blog Posts:

Missouri ranked 16th highest number of injury deaths

Failure to use turn signals contribute to 2 million car accidents each year

A new study titled, "The Facts Hurt" finds Missouri to have the sixteenth highest number of injury deaths in the United States. Neighboring Illinois finds itself at the opposite end of the list with the seventh lowest ranking.

In Missouri, 70 out of every 100,000 residents die each year from preventable injuries such as drunk driving accidents , drug overdoses, falls and domestic violence. While that number may not seem so high compare it to Illinois where just 49 people out of 100,000 die due to similarly preventable accidents.

Rich Hamburg, spokesperson for the Trust for America's Health, says that Missouri could do a lot better when it comes to preventing accidental drug overdoses. Specific problems include a lack of an effective prescription drug-monitoring program, something that puts Missouri behind the majority of other states. Hamburg says Missouri should also consider far stricter automobile safety laws if it wants to improve its ranking. Things like mandatory ignition interlocks for convicted drunk drivers, more aggressive enforcement of seat belt laws, mandatory bicycle helmet usage, etc.

Given our risk of injury in the state and the approach of summer holidays it's important that Missourians have some basic safety information about many of our favorite hot weather activities. Information is the best way to work to reduce deadly injuries.

Pools:

Watching children carefully when around water is absolutely critical. The United States Consumer Product Safety Commission reports that children under the age of 5 account for almost 75% of the deaths that occur each year in pools across the country. As a result, NEVER leave a child unattended near a pool, spa or other body of water.

Motorcycles:

When the weather turns nice and people take long weekends many jump on their motorcycles to cruise the state's roadways. These motorcyclists are at a special risk of injury and death if they're involved in a car crash. The National Highway Traffic Safety Administration (NHTSA) reported in 2009 that 4,462 motorcyclists were killed and 90,000 were injured on our highways. Motorcyclists are exposed and vulnerable and drivers should remember to avoid distracted driving as even one instance could result in tragedy.

Boating:

A popular activity for many when hot weather returns is getting on a boat and relaxing on a lake. Missouri waterways will be especially crowded over the Memorial Day weekend and remain crowded throughout the peak summer season. Sadly the crowds meant hat the number of water-related injuries and deaths are sure to increase. While you may be tempted to drink and boat, remember that driving a boat intoxicated is just as dangerous as getting behind the wheel of a car drunk. If you're the captain then avoid having too much to drink as it puts yourself and others at great risk.

It's also important to remember to wear life jackets while on a boat. Accidents can happen anytime, even if you're an experienced boater. Making sure you and your guests are properly fitted with floatation devices can great reduce the risking of a deadly boating accident or accidental drowning.

For information on how to protect your legal rights if you or a loved one has been seriously injured in an accident, call one of our Missouri car accident attorneys today at 1-314-863-0500.

Source: "Missouri Ranks Sixteenth Highest Injury Death Rate In Nation," by Fred Bodimer, published at StLouis.CBSLocal.com.

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Truck Accidents - New system designed to catch "chameleon carriers"

Failure to use turn signals contribute to 2 million car accidents each year

As a long time personal injury lawyer, I have seen an increase in cases involving motorcycle accidents. The increased popularity of and purchase of motorcycles along with increased population density and insufficient safety precautions have unfortunately made preventable accidents far too common.

One such accident occurred in 2010 when Michael Heaston of Centralia died after he crashed his motorcycle into a city bus. The wrongful death claim brought by Heaston's family against the city of Columbia (where the accident occurred) was settled last week for $1.4 million.

The accident occurred early in the morning on July 12, 2010. Archie Smith, a city bus driver, attempted to make a left-hand when Heaston's motorcycle struck the side of the bus. He had stopped at the stop sign before turning, but said that he did not see Heaston until after he heard a loud bang and a screeching sound. By that point, the fatal accident had already occurred. Heaston had attempted to swerve to avoid the collision, but could not get out of the bus's way. In the ensuing wrongful death suit, the family alleged that Smith failed to take steps to avoid the accident and was not paying proper attention to the road.

Smith was convicted of careless and imprudent driving. He served a six month suspended sentence and is on two years of unsupervised probation. Columbia's Transit Safety Committee determined the accident to be preventable. Boone County Assistant Prosecutor Ryan Haigh chose not to pursue charges of involuntary manslaughter because, although careless, Smith's conduct did not rise to the level of criminally negligent.

Under §537.080 of the Missouri code, the following parties are entitled to bring a wrongful death claim:

"[the] spouse or children or the surviving lineal descendants of any deceased children, natural or adopted, legitimate or illegitimate, or by the father or mother of the deceased, natural or adoptive...if there be no person's in this class....brother or sister of the deceased, or their descendants, who can establish his or her right to those damages set out in section 537.090 because of the death...if there be no persons in [either the first or second groups], then by a plaintiff ad litem...[who] shall be appointed by the court having jurisdiction over the action for damages provided in this section upon application of some person entitled to share in the proceeds of such action."

The settlement in this case was apportioned to Heaston's surviving wife, parents, and three minor children. The funds for the minor children were set up as individualized trusts while the payments to the adults were in lump sums up front.

St Louis Injury Lawyer, Ben Sansone, has substantial experience with a variety of cases, including motorcycle accidents. If you or a loved one has been involved in such an accident, contact us at 314-863-0500 for a free consultation.

Source: "City settles suit with Motorcycle crash victim's family," by Brennan David, published at ColumbiaTribune.com.

See Our Related Blog Posts:

Motorcycle Injuries on the Rise: Causes, Prevention, and Resolution

Medical Damages Submitted at "UM" or "UIM" Car Accident Trial - Amount "Paid" versus Amount "Billed"

In April 2008, my client was a passenger on a motorcycle when the driver lost control of the bike and crashed while going around a turn. See St Louis Personal Injury Attorney Article: "Illinois Uninsured Motorcycle Accident Injury - Uninsured Coverage as a matter of Public Policy". We were able to overcome multiple factual and legal hurdles in this case and end up with an excellent result for our injured client.

First major obstacle was that our client was knocked unconscious by the motorcycle crash and the driver, in an obvious attempt to avoid the police, took her to a hospital several hours away where his mom worked as a nurse. Needless to say, the police were never contacted and an incident report was never done. This was a major problem because if the accident is not documented the insurance company will immediately claim it never happened. By the time my firm was contacted, the local Belleville police refused to take a report , claiming they cannot take a report since it had been two months since the accident.

After several months of investigation, we were able to track down the driver of the motorcycle and also identify the owner. The driver was incarcerated and refused to speak with our office. however, through the course of the case we were able to establish that the owner did not have insurance on the motorcycle, and therefore, the driver was an uninsured motorist. This allowed for the claim to be made through our client's uninsured motorist coverage through Shelter Insurance. For a discussion about uninsured (UM) and under-insured (UIM) motorist coverage, see St Louis Car Accident Lawyer article: "Missouri Underinsured and Uninsured Insurance Coverage & Which Policy Applies Mine or the Owner of the Car?"

The issue of uninsured motorist coverage was a little complicated in this case as our client was a Missouri resident and her uninsured motorist coverage was through a Missouri policy which dictated venue and choice of law in Missouri. However, it was more beneficial to have the case in Belleville Illinois, primarily because the likely jurors are more likely to be Plaintiff friendly as opposed to the Missouri venue we may have been forced to be in.

Knowing this, Shelter tried to get the case dismissed and force us to file in Missouri and in their home county, Shelter relied on the Illinois Insurance code that requires that all insurance policies "renewed, delivered, or issued for delivery in this state [Illinois]" contain a mandatory arbitration clause with respect to uninsured motorist claims. See 215 ILCS 5/143a. However, the policy was not renewed or delivered in Illinois, therefore, the mandatory arbitration did not apply; therefore we filed a Response to the Motion to Dismiss and the Judge ruled in our favor and Ordered the case to remain in Illinois by denying Shelter's motion to dismiss.

Initially, our client thought she had a total of $50,000 in Missouri UM coverage, however we were able to identify additional UM coverage through other insured vehicles and raised the UM limit to $150,000 through stacking the polices. For information about stacking UM coverage see St Louis Motorcycle Lawyer article covering Stacking: "St Louis Missouri Motorcycle Accident and Injuries - Driver Inattention and Struck Motorcyclist when Changing Lanes - Uninsured Motorist Claim"

In the end the case settled for $130,000, our client did not expect the case to be worth anywhere near that amount and was very happy with the outcome. This settlement was the result of persistent legal work and investigation to fining all possible theories of liability and insurance coverage available.

Since the statutory changes in 2005 requiring most Missouri personal injury actions to be brought in the county where the initial injury or negligent act occurred, there has been some confusion regarding how to apply this to a Missouri uninsured motorist car accident claim, often referred to as a "UM" Claim.

An uninsured motorist claim under Missouri law arises when someone is injured by a negligent driver who does not have any insurance. Most people have some form of Uninsured motorist coverage under their auto policies, therefore,the claim is not against the other driver but an action in contract against your insurance company to recover your damages sustained as the result of an uninsured driver.

Therefore, since it is a claim in contract and not Missouri tort, venue is not controlled by the tort venue statutes and case law, but by the contract statutes and case law.

On such case, State ex rel. Auto Owners Insurance Company, Relator vs. The Honorable Edith L. Messina and The Honorable Kevin M.J. Crane, Respondents, recently clarified this issue. In this case the trial Judge transferred the case from Jackson County Missouri to Boone County Missouri despite the insurance company defendant having multiple offices in Jackson County.

Supreme Court Justice Michael Wolff ruled that it was error for the trial Judge to transfer the case from Jackson County Missouri because the insurance company had multiple offices for doing business in that county and therefore venue was appropriate there.

Section 351.375.2 does provide, in relevant part, that "[t]he location or residence of any corporation shall be deemed for all purposes to be in the county where its registered office is maintained." But section 351.690(3) provides that "[n]o provisions of this chapter, other than [certain exceptions not relevant in this case], shall be applicable to insurance companies ...." This Court, therefore, has held that "the provision fixing a corporation's residence at its registered office does not apply to insurance corporations." Gray, 979 S.W.2d at 192.

Where no tort is alleged, an insurance corporation may be sued in any county where it has an agent or office for the transaction of its usual and customary business. Gray, 979 S.W.2d at 192.

Missouri Supreme Court hands down ruling regarding uninsured motorist claims

St Louis uninsured motorist lawyer discusses which policy applies after car accident

Continue reading "Proper Venue for Missouri Uninsured Motorist ("UM") Claims " »

Have you ever heard that you’re more likely to be involved in a car accident than in a plane crash? If you have, you’re not alone. It seems to be common knowledge that driving a car is risky business. However, as awareness of the dangers of driving has increased, important steps have been taken to reduce those dangers. As a result, fatality and injury rates have improved substantially, helping the automobile industry to rehabilitate its safety image. With cars on the road to causing fewer injuries, another personal injury issue is on the rise: motorcycle accidents.

Causes of Recent Increases in Motorcycle Injury Frequency

According to the U.S. Department of Transportation, motorcycle accidents accounted for 13% of all traffic fatalities in 2007, and over 36,000 motorcyclists were killed between 1998 and 2007. Between 2000 and 2010, the percentage of traffic fatalities resulting from motorcycle accidents has risen by 123%. This drastic change can be explained by several factors:

• Increased popularity and purchase of motorcycles
• Heavier traffic in urban areas due to population increase
• Riding a motorcycle without DMV endorsement
• Drinking and riding
• More warm (motorcycle-friendly) weather throughout the year.

Prevention of Motorcycle-Related Injuries

Like car accidents, motorcycle injuries and fatalities can be prevented when riders make the effort to adhere to some simple safety principles. Motorcycle riders can:

• Be conspicuous with clothing and reflectors on bikes
• Ride defensively by keeping an eye out for potential risks posed by other vehicles
• Keep alcohol out of the equation
• Avoid speeding and exercise extra caution on undivided highways.

Since over half of motorcycle fatalities involve passenger vehicles, the general population of automobile drivers should also take responsibility for the rise in motorcycle injuries. It’s easy to brush off motorcycles because of their relatively small size, but they do share the road with passenger vehicles and must be treated as such. Motorists can help prevent motorcycle personal injuries by watching for motorcycles and by actively recognizing them as motor vehicles.

Steps to Resolution of Motorcycle Injury Issues

If you’re a motorcycle rider and have been unfortunately involved in an accident, there is help available to you. Many personal injury attorneys, including St Louis Injury Lawyer, Ben Sansone, have substantial experience with a variety of cases, including motorcycle accidents.

The U.S. government is also taking steps toward resolving the motorcycle injury issue, as reflected in Department of Transportation Action Plan to Reduce Motorcycle Fatalities, released in October of 2007. This plan introduces new national safety and training standards, measures to prevent counterfeit helmet labeling, a focus on motorcycle-specific road improvements, training for law enforcement officers to help them spot unsafe riders, and a broader public awareness campaign on motorcycle safety.

The government’s decision to address the increasingly urgent motorcycle injury issue with practical measures is a growing source of support for individual motorcycle riders. Causes of these injuries are being used to create prevention solutions with an ultimate goal of resolution.

Bio: Alexis Bonari is a freelance writer and blog junkie. She is currently a resident blogger at onlinedegrees.org, researching areas of online degree programs. In her spare time, she enjoys square-foot gardening, swimming, and avoiding her laptop.

My client suffered serious injury as the result of an Illinois motorcycle accident outside of the Belleville Illinois area in St Clair County, Illinois. She was the passenger on the back of a motorcycle when the driver lost control of the bike and the next thing she knows is that she wakes up in the hospital several days later.

After months of investigation, we discovered that the facts of the case were that my Illinois personal injury client was invited to a party where she knew only a few people, the driver of the bike borrowed the motorcycle from the owner who was hosting the party, she rode along and the motorcycle driver lost control, crashed the motorcycle and knocked her out. The owner or the driver took her to a hospital several hours away as the driver of the motorcycle or the owner had a relative that worked at the hospital. This relative made sure the cops were not called and that the people who dropped the injured victim off were not identified or reported. This falls under the category of an Illinois uninsured motorist claim or lawsuit as the driver or operator of the motor vehicle is unidentified.

Being an Illinois uninsured motorist claim my client must make a claim through her insurance for uninsured motorist coverage. In many states Uninsured motorist coverage is implied as at least to match the minimum liability coverage allowed by law even if the policy holder does not have a specific uninsured motorist coverage policy. Almost every insurance policy has the minimum uninsured motorist coverage stated as part of the coverage.

As stated in previous entries on this blog, uninsured motorist coverage follows the person not the vehicle. In this particular case, my client was insured by a Missouri insurance policy with Shelter insurance. Shelter insurance now includes an exclusionary clause under its uninsured motorist coverage section; this clause states that uninsured motorist coverage only applies to personal injury resulting from an automobile accident. Now this sounds harmless on its face, however, Shelter Insurance takes it a step further to define an automobile as a motorized vehicle with four or more wheels. Thus, they are denying my client uninsured motorist claim because it occurred as a result of an uninsured motorcyclist as opposed to a driver of a car or truck.

One of the purposes of having uninsured motorist coverage is to cover an insured in case they are struck by a phantom vehicle or by a vehicle or driver that has no insurance. That way there is still some redress despite the at fault driver having no insurance or money to cover the personal injury loss. In this case, Shelter is trying to get around well settled public policy decisions by the court by defining an automobile to mean four or more wheels. So under a previous example of a pedestrian getting hit by a car and the driver fleeing with no one able to get any identifying information, clearly that would be covered by the pedestrian's uninsured motorist coverage. Now change one fact, instead of a car, the pedestrian is struck by a motorcycle that flees and is unidentified. Now the pedestrian is left with zero recourse according to Shelter even though they were responsible and had uninsured motorist coverage.

This is an issue that will go to the courts as it appears it has not been preciously decided and I will update this blog regarding important Illinois uninsured motorist motorcycle accident claim issues as this and other cases I am handling progress.

As a personal injury lawyer based in St Louis, I know first hand that one of my clients' top concerns is insurance liability coverage usually stated to me as "what or whose insurance applies to cover my injury?" There are several types of insurance coverage to indemnify an injured victim in a Missouri car accident. The primary one every driver is supposed to have under Missouri law is liability coverage, which Missouri state law requires a minimum of 25/50. This 25/50 means $25,000 per individual or $50,000 limit if 2 or more individuals are injured.

Oftentimes this 25/50 coverage this is not enough, thus it is a very good idea to have Missouri under insured motorist coverage (commonly referred to as "UIM" coverage") to protect yourself if another driver carrying the state minimum of $25,000 causes injury to you or a family member that justifies a Missouri injury or insurance claim in excess of $25,000. Therefore, if you carry a $100,000 Missouri under insured policy then there is an additional $75,000 an injured victim can recover if the at fault driver only carried state minimums or an amount less then your under insured coverage.

What if the other driver had no insurance or fled the scene? Then that would usually be a claim under Missouri Uninsured Motorist coverage (commonly referred to as "UM"coverage"). Everyone that is insured in Missouri automatically carries a minimum of $25,000 of uninsured motorist coverage in Missouri as this is required by Missouri state law. It is based on the view that it is against public policy to carry the minimum liability coverage and not have a minimum uninsured motorist coverage. However, as a Missouri personal injury lawyer, I have seen countless situations where clients wished they carried more than $25,0000 of uninsured motorist coverage, I recommend to anyone to carry the maximum of both uninsured motorist coverage and under insured motorist coverage.

Here are a few fact examples from Missouri and Illinois injury cases I am currently handling.

Jefferson county personal injury client allows her friend to drive her car, the friend loses control, runs off the road and crashes into a tree. What policy covers my client for her injuries? In most cases her insurance policy that she had on the car because by allowing her friend to drive it is a "permissive use" thus the policy on the car applies. Now, this is not true in every situation and sometimes specific facts may change which Missouri insurance policy coverage applies.

Different situation, I currently am handling a St Louis city motorcycle accident case that arose from an uninsured motorist striking a motorcyclist and his passenger. Both the driver of the motorcycle and the passenger have their own insurance policies on different vehicles including the motorcycle for the driver only. Usually, under this scenario the Missouri Uninsured Motorist policy for each one of their vehicle applies. Therefore the driver makes a UM claim under his motorcycle policy as well as under his UM policy coverage for his other vehicles, as UM coverage also covers the named insured. The passenger is making a Missouri uninsured motorist claim under the drivers motorcycle policy as well as the policy on her primary vehicle. This brings up many other issues such as stacking, anti-stacking clauses, set off clauses, and other exclusionary clauses the insurance companies use to limit their exposure in cases such as these.

Often clients don't understand exactly why coverage for a car or vehicle that was not involved in a Missouri car collision could apply. Simple example clears that up. Say you are crossing the street and a driver runs a red light, hits you, and flees the scene. No one gets any type of identification on the driver or the vehicle. This is a Missouri uninsured motorist claim and the coverage you have on your vehicle or vehicles will apply for your to make a claim against as if they represented the driver himself. Cars are not covered by Missouri uninsured motorist policies, people are. The property damage portion of the Missouri insurance policy covers damage to cars or other vehicles.

Recently, two of my clients were injured in St Louis Missouri as the result of a driver changing lanes and sideswiping my two clients who were traveling on a custom Bad Boy motorcycle. The motorcycle is nine feet long and three feet of the motorcycle was past the other vehicle's front end, yet the driver still negligently failed to keep a careful lookout and caused a collision after violating the motorcyclist's right of way by entering his lane and side swiping the motorcycle, causing the St Louis Missouri motorcycle accident. The driver ended up with a fractured ankle and foot and the passenger ended up with very serious injuries to her neck, back, arms, and legs, likely requiring surgery.

As an experienced St Louis Missouri motorcycle accident personal injury lawyer, I have investigated and represented numerous clients that were injured on a motorcycle in Missouri motorcycle accident cases and Illinois Motorcycle accident cases. Most cases are simply the result of a car or truck driver's inattention or simple failure to look for smaller vehicles on the road, as a motorcycle versus car or truck accident rarely results in injury to the car or truck driver.

From the perspective of a Missouri injury attorney, the most common causes of motorcycle accidents and collisions is the failure of a car or truck driver to yield to a motorcyclist coming through an intersection and the car or truck driver makes a left turn on a green right in front of the motorcyclist, thus causing a collision; or commonly, I see a fact scenario as described in the case above, blind or inattentive lane changes striking the motorcycle.

In the above case, my clients were struck by a driver who did not have insurance, therefore the claim becomes a UM claim or uninsured motorist claim. Basically, in Missouri everyone with insurance has a minimum of $25,000 in UM coverage, meaning if you are injured by an uninsured motorist the injured motorcyclist makes a claim through their policy under their uninsured motorist coverage. Under Missouri injury law, the insurance company essentially takes the place of the uninsured motorist. If an injured person has several auto policies they can often stack the polices, meaning, if you have 2 cars with minimum coverage each, the injured party can make a claim against both policies thus stacking the limit from $25,000 to $50,000 of insurance coverage. This can quickly become a complicated area of personal injury and insurance law based on policy provisions and case law pertaining to stacking, anti-stacking clauses in some policies, set off clauses, other insurance clauses, and the specifics of each fact scenario that may preclude coverage or act to open up additional coverage from other insurance sources.

Its springtime and in Missouri and Illinois motorcycles are everywhere, many states across the country use May as motorcycle safety awareness month in an effort to reduce the number of Missouri motorcycle accidents and motorcycle accidents in Illinois and across the country.

Scary fact is that there is about an 80% chance of serious personal injury whenever a motorcyclist is involved in a car crash. When the motorcycle crash involves another vehicle the likelihood of severe injury or death is 29 times higher for the motorcyclists than the driver of a car or truck. Being a personal injury lawyer handling motorcycle injury cases in St Louis Missouri and across Missouri and Illinois, I can attest that in my experience this is true. A very small percentage of Missouri motorcycle injury cases I have reviewed as a personal injury lawyer are the result of motorcycle operator error. In fact, only one motorcycle injury case I have seen was likely motorcycle operator error.

As a Missouri motorcycle injury lawyer and an Illinois motorcycle injury lawyer I can tell you that most accidents and injuries occur at intersections. Most common type of motorcycle injury case that I handle involves a motorcyclist driving through an intersection and a vehicle approaching the opposite direction makes a left turn on green and fails to yield to the cyclist.

I recommend to all bikers to flash their headlights as they approach an intersection, this will increase the chances that a negligent driver will see you.

9 times out of 10 a collision between a car or truck and a motorcycle is the result of the car or truck drivers carelessness. If you are a motorcyclist that end up in an accident with a car (I have personally been in 2 motorcycle accidents) contact me to discuss your case, I have a unique understanding as a Missouri and Illinois personal injury lawyer, and motorcyclist, and an injury lawyer motorcyclist that has been injured as a result of careless drivers.

Continue reading "May is Motorcycle Safety Month - Promote Awareness of Motorcycle Safety and Top Reasons for Motorcycle Accidents" »

As a St Louis Missouri personal injury lawyer I have dealt with a lot of Missouri motorcycle accident cases and Illinois Motorcycle accident cases. Every case is the result of a car or truck driver's inattention. The absolute most common cause of motorcycle accidents in Missouri and Illinois, at least as far as what I have seen, is the failure of a motorist to yield to a motorcyclist coming through an intersection and the car or truck driver makes a left turn on a green right in front of the motorcyclist, thus causing a collision. Also, the simple failure to yield to a motorcyclist in other situations.

Several examples of this type of injury have occurred recently in Missouri as the bike riding weather and season have begun. Recent news stories below:

A Springfield motorcyclist was injured in Greene County as the result of a collision between a car and his motorcycle. The Missouri motorcycle accident occurred on highway 66 when a driver of a Chevrolet made a left turn in front of a Springfield biker driving a 2005 Harley Davidson.

Article: Springfield Missouri Motorcycle Accident and Injury Case

The driver of an SUV struck a motorcycle and killed the rider. Both the rider and his passenger were killed when the motorcyclist was turning a Honda Goldwing motorcycle left from Hwy 32 onto Davis Crossing Road when the SUV heading the same direction of the motorcyclist passed several vehicles collided with the left side of the motorcycle killing both the motorcycle driver and his passenger. The elderly drivers of the SUV were treated for only minor injuries, however, the motorcyclist and his passenger were declared dead at the scene of the St Francois County Missouri motorcycle accident.

As any Missouri motorcycle accident injury lawyer would know, this is a clear case of liability and a tragic Missouri motorcycle accident wrongful death case.

Article: St Francois County Motorcycle Death Case

We recently settled a Missouri personal injury case stemming from a motorcycle accident outside of Union Missouri. One of the at fault drivers had a policy of insurance for $100,000 and a few months after filing a Missouri motorcycle accident personal injury lawsuit, the driver's insurance tendered the entire amount of insurance coverage. There were some disputes as to which car caused the accident as one witness claimed that a car abruptly stopped in the left lane causing the driver mentioned above to swerve to the right and strike my client on his motorcycle.

The vehicle that stopped abruptly did not stay around and was never identified, therefore, under Missouri law, it is a uninsured motorist and the injured party's uninsured motorist coverage applies for the negligent actions of the unidentified motorist. Thus, we are pursuing the injury claim beyond the policy limits above by seeking compensation from the motorcyclist's uninsured motorist coverage insurance carrier.

Word to the wise, as a St Louis personal injury lawyer and a motorcyclist myself, I strongly recommend to all motorcyclists to max out your insurance coverage as you may be hit by someone with minimum insurance coverage or even no coverage and your only remedy will be your own uninsured and under insured motorist coverage.