Motorcycle Accident Victims Lose to Statute of Limitations
A recent motorcycle accident (non-Missouri) case shows the importance of contacting a motorcycle injury attorney as soon as possible after an accident. In this case, the lack of timely legal assistance resulted in severely injured motorcyclists’ losing their ability to recover.
In this case, a single motorcycle accident occurred in Wisconsin when a motorcycle driver and his passenger hit a “wall” of plastic wrap. Three teenage boys had placed this “wall” of plastic wrap across the road. The boys decided they wanted to see what would happen if they placed plastic wrap across a nearby road to create an invisible barrier. The boys wrapped clear plastic wrap around two signs posted across the street from one another; they wrapped around the posts five or six times to create a secure barrier. The boys then waited for twenty minutes until they saw a motorcyclist come over the hill and crash into their barricade. The motorcyclist and his passenger suffered significant personal injuries and sought immediate medical attention.
The two that sustained the motorcycle accident injuries, after receiving extensive medical care, did not immediately seek legal advice. Their suits were not filed until after two years had passed. The motorcycle accident claims alleged the teenage boys were negligent, the boys’ parents failed to supervise their children and that each boy’s family’s homeowner’s insurance carriers were liable for damages sustained. All of the defendants filed motions for summary judgment claiming there was no issue at hand for the court to decide.
The court upheld these motions because the injured motorcyclist brought the suits claiming negligence when the boys’ actions were intentional rather than negligent. The court reasoned that these boys planned out the plastic barrier and were therefore not negligent. They were not negligent in breaching a duty, but rather they intentionally decided to see what would happen if they created a barrier on the street. The court said the cause of action was misstated.
Further, the court said the parents did not have reason to know, nor was it likely that they should have known about the boys’ plan, releasing them from liability under the claim of negligent supervision. The insurance companies brought into the suit only covered “accidental” incidents, not planned injurious actions.
Upon the courts finding that the case did not involve negligence, but rather intentional actions, the court also found the motorcyclist and his passenger lost their opportunity to sue. They had waited too long to file their claims because for intentional actions lawsuits there was a two year statute of limitations (non-Missouri case), meaning the motorcyclists only had a window of two years to file their claims before they were forfeited.
This case shows the importance of contacting a motorcycle accident attorney as soon as possible. By postponing seeking legal assistance, you can greatly diminish your chances of recovery. First, the statute of limitations could run, as in this case, preventing you from bringing suit, and second, you may not be giving your attorney a sufficient amount of time to build your case.
As a motorcyclist and motorcycle crash lawyer in Missouri, I am especially dedicated to aggressively representing motorcyclists injured on the road. I offer free consultations to evaluate your case and to answer any questions and concerns you may have. You pay nothing unless you win your case.
If requested, I will immediately and aggressively take action on your behalf. You can reach me 24 hours a day at 314.322.8515 or toll free at 1.800.500.INJURY (4658). You can also email me at john@pagecagle.com or visit my website, www.MotorcycleInjuryLawGroup.com for more information.
