Carter Lake Motorcycle Accident Injury Attorneys

Motorcycle injury lawyers act as committed advocates for riders in the aftermath of tragedy. Specializing in motorcycle accidents, they expertly handle legal challenges to ensure injured riders receive fair justice and compensation.

Filing a Claim for Motorcycle Accident Injuries in Iowa

A motorcycle accident can leave victims and their families reeling. Motorcyclists have considerably less protection compared to other drivers, which can leave them vulnerable to catastrophic injuries like head trauma, spinal cord injuries, road rash, and fractures. They may face financial burdens and emotional damages as well.

To recover damages in an injury claim after a motorcycle accident in Iowa, you need to prove that the other driver was at fault. This means demonstrating that the other driver committed an act that breached their duty to drive in a safe, reasonable manner to prevent injury to others. The negligence must have led to the motorcycle accident.

Establishing the Other Driver’s Negligence

Drivers often fail to account for motorcyclists when changing lanes or making turns. For example, a driver may not check for motorcycles when turning left, leading to a serious collision if a motorcycle is coming straight through the intersection.

To prove that the other driver acted negligently, your case must present valid evidence, such as:
- Police Report: Indicates the cause and circumstances of the collision and any citations issued.
- Photos and Videos: Of the scene and injuries.
- Eyewitness Statements: Testimonies from people who saw the accident.
- Damaged Vehicles: Examination of the vehicles involved in the accident.

As you prepare for your case, make sure you or your loved one:
- Keeps all medical appointments.
- Contacts the insurance company.
- Keeps all documents and communications pertaining to the accident.

Negligence and Helmet Laws in Iowa

Iowa does not have a helmet law, so motorcyclists who did not wear a helmet are not in violation of any laws. However, failure to wear a helmet may still affect an injury claim, especially if the rider suffered head injuries.

Iowa follows a modified comparative negligence system, allowing claimants to recover damages even if they are partially at fault, provided they are no more than 50 percent at fault. Damage awards are reduced by the individual’s percentage of fault. For instance, if a rider without a helmet suffers head injuries and is deemed 10 percent responsible for the injury, the award is reduced by 10 percent.

However, helmet use won't be a factor for injuries that a helmet wouldn't prevent, like road rash on the leg. Discuss the details with your attorney to understand how this might affect your case.

Types of Damages Recoverable in a Motorcycle Accident Claim

Economic Damages

These cover current and future loss of income, medical bills, and other financial losses. Catastrophic injuries may require long-term medical care, additional surgeries, or home care for brain or spinal cord injuries, so it’s essential to account for these future expenses.

Noneconomic Damages

These include pain and suffering, mental anguish, reduced quality of life, and other non-financial losses.

Filing a Claim After a Motorcycle Accident in Iowa

Seek Medical Attention and Save Records

Immediately after the accident, seek medical attention and gather all documentation related to your medical care. Proof of injuries and expenses will be necessary when filing your claim with the insurance company.

Review Your Insurance Policy

Review your motorcycle insurance policy to understand your coverage. Basic coverage may not be enough if you were at fault for the accident. Additional coverage types, like medical payments coverage, can provide more compensation.

File in Time

Notify your insurance company of the accident immediately and file your claim as quickly as possible to avoid missing stipulated time requirements. For personal injury lawsuits, Iowa Code 614.1 gives you two years to file.

Defenses Against Motorcycle Accident Claims in Iowa

Violating Motorcycle Regulations

The other driver may argue that you violated motorcycle laws, such as carrying a package that restricts the use of both hands or riding more than two abreast in a lane. Proving such a violation caused the accident could jeopardize your claim.

Speeding

Another common defense is that you were speeding or committing other traffic violations, like an illegal lane change, which contributed to the accident. If proven, this can reduce your damages proportionally to your fault or bar recovery if you are more than 50 percent at fault.

Driving While Impaired

If you were under the influence of drugs or alcohol at the time of the accident, it could severely hinder your ability to recover damages. Impairment may assign you a high percentage of fault, reducing or preventing recovery.

Not Wearing a Helmet

While not legally required, not wearing a helmet might be an issue if you suffered head or neck injuries. The defense may argue that the lack of a helmet led to more severe injuries, increasing your comparative negligence and reducing your damages.

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.