• Algona Motorcycle Accident Injury Attorneys
  • Phone: 641-792-3595
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Motorcycle injury attorneys act as resolute supporters for riders when tragedy strikes. Specializing in motorcycle accidents, they skillfully manage legal challenges to ensure injured riders receive the justice and compensation they deserve.

Can I File a Motorcycle Accident Claim if I Did Not Have a Valid Motorcycle License?

If you were involved in a motorcycle accident in Iowa and did not have a valid motorcycle license at the time, you may still file a motorcycle accident claim against the other driver. Not having a valid motorcycle license doesn’t necessarily impact fault in an accident and does not preclude you from filing a claim if the other driver caused the wreck. 

While you might face penalties for operating a motorcycle without a license, the procedure for filing a motorcycle accident claim remains the same as for any other accident liability claim.

Establishing Fault

Iowa operates under a modified comparative fault system. According to this law, each driver involved in an accident may recover damages unless they are more than 51 percent responsible for the accident. So even if you were unlicensed, you can recover damages if your motorcycle accident claim establishes that the other driver was mostly responsible for the accident.

To prove fault, documentation of the motorcycle accident can be crucial. At the scene, you may have:

- Taken photographs
- Collected witness testimony
- Jotted down witness contact information
- Noted the other driver’s contact information
- Gotten the name of the driver’s insurance company

These items will be useful when you file a claim against the other driver. After the accident, you should fill out an Iowa Accident Report if the incident resulted in death, personal injury, or total property damages of at least $1,500. If law enforcement investigated the accident, the report is not required. If you're filling out the report, mail it to the Iowa Department of Transportation in Des Moines within 72 hours.

Once the report is completed, contact the other driver’s insurance company to report the accident. Present the evidence mentioned above to establish that the other driver is to blame for the accident.

Dealing with Insurance Companies

Filing a motorcycle accident claim can be challenging, especially if you didn't have a valid license at the time. The insurer may try to argue that you were at fault for the accident, suggesting that not having a valid motorcycle license is indicative of fault. You must present convincing evidence that you are less than 51 percent at fault and that the other driver is primarily responsible.

Is It Always Necessary to Seek Medical Treatment After a Minor Motorcycle Accident?

After a motorcycle accident, it is imperative to seek medical attention, even if you do not feel pain immediately. Sometimes serious injuries may not reveal themselves right away due to adrenaline masking pain or the nature of certain injuries. Issues like internal bleeding, concussions, or hairline fractures can occur even in minor accidents. 

Importance of Medical Evaluation

Visiting an emergency room or urgent care clinic can help identify any underlying injuries that may not be immediately apparent. Requesting diagnostic tests such as x-rays, CT scans, or MRIs can rule out significant problems and allow for timely treatment, preventing any permanent damage.

Pain can present itself hours or even days later, so getting a doctor's advice on managing potential discomfort and medication can be beneficial. 

How to Deal with an Aggressive Driver if You’re on a Motorcycle

Dealing with aggressive drivers is an unfortunate reality for motorcyclists. Aggressive behavior from drivers can lead to serious accidents. Knowing how to handle such situations is crucial for your safety.

Tips for Handling Aggressive Drivers

Don’t Respond to Road Rage: If another driver exhibits road rage—yelling, using obscene gestures, tailgating, or driving aggressively—avoid responding. Engaging can escalate the situation and increase danger. Keep your distance and stay calm.

Move Over if Being Tailgated: Tailgating is a common form of aggressive driving. Instead of slowing down to retaliate, change lanes safely and allow the tailgater to pass. Don’t speed up to appease them, as this can be dangerous.

Report the Driver: If necessary, pull over to let the aggressive driver pass and report them to authorities.

Consulting a Motorcycle Accident Attorney

The toll from severe motorcycle injuries can encompass substantial medical expenses and long-term care costs for victims and their families. Lost wages may compound matters, especially if employment becomes unrealistic for an extended period. Getting help from a motorcycle accident attorney allows the pursuit of comprehensive compensation, from financial damages and emotional distress such as pain and suffering.

Victims of these accidents should seek consultation with a motorcycle accident attorney, as damages may be extensive and recovery of compensation is important.

At Walker, Billingsley & Bair, our motorcycle accident attorneys can represent you in dealings with your insurance company, or when filing a personal injury claim. Set up your consultation now by calling 641-792-3595