Cascade Motorcycle Accident Injury Attorneys

Motorcycle injury lawyers stand as resolute defenders for riders when disaster strikes. Their expertise in motorcycle accidents enables them to navigate legal intricacies and secure justice and compensation for the injured.

How to File a Claim After a Motorcycle Accident in Iowa

Filing a claim after a motorcycle accident in Iowa involves several key steps, including establishing injury or property loss, adhering to the statute of limitations, and hiring a lawyer. Here are comprehensive guidelines to help you navigate the process successfully.

Seek Medical Attention and Save Records

The first and most crucial step after a motorcycle accident is to seek medical attention immediately. Even if you believe your injuries are minor, it's essential to get a professional evaluation to document all injuries and treatments. This medical documentation will be critical when you file your claim with the insurance company, serving as proof of your injuries and associated expenses.

Review Your Policy

All motorcyclists in Iowa are required to carry proof of financial responsibility, typically in the form of motorcycle insurance. After an accident, promptly review your insurance policy to understand your coverage. Basic insurance may not cover all expenses, especially if you are at fault. However, if you have additional coverage types, such as medical payments coverage, you may be entitled to more compensation regardless of fault.

File in Time

Notify your insurance company of the accident as soon as possible and file your claim promptly. Delaying notification can result in a denied claim due to missed time requirements. If a personal injury lawsuit is necessary to recover damages, you have two years under Iowa Code 614.1 to file.

Contact an Attorney

While seeking medical attention, reviewing your policy, and filing your claim on time are crucial, hiring a motorcycle crash attorney can significantly increase your chances of a successful claim. An attorney can help ensure you receive the maximum compensation and assist you in court if your claim cannot be settled.

Proving Fault in a Motorcycle Accident

To recover damages in an injury claim, you must prove that the other driver was at fault. This involves showing that the other driver breached their duty to drive safely, leading to the accident. Evidence such as police reports, photos of the scene, videos, eyewitness statements, and the damaged vehicles are essential to establish negligence.

Understanding Negligence and Helmet Laws

Iowa does not have a helmet law, so not wearing a helmet is not illegal. However, not wearing a helmet can affect your injury claim, especially if you suffered a head injury. Iowa follows a modified comparative negligence system, allowing you to recover damages even if you are partially at fault, provided your fault is 50% or less. For instance, if you were 10% at fault for not wearing a helmet, and your damages amount to $50,000, your compensation would be reduced to $45,000.

Types of Recoverable Damages

Economic damages may include current and future medical bills and loss of income. Catastrophic injuries often require ongoing medical care, so future costs should be considered. Noneconomic damages cover pain and suffering, mental anguish, and reduced quality of life.

Motorcycle Accidents and Spinal Cord Injuries

Motorcycle accidents can result in severe injuries, including spinal cord injuries. According to a study by St. James University Hospital, spinal cord injuries affect approximately 11% of motorcycle accident victims. These injuries can be complete, resulting in total loss of sensation and movement below the injury site, or incomplete, where some sensation and function remain.

Complications from Spinal Cord Injuries

Spinal cord injuries can lead to numerous health complications, including blood clots, pressure sores, breathing difficulties, loss of bladder or bowel control, and muscle atrophy. Undiagnosed vertebral fractures can result in kyphosis, chronic pain, and reduced physical function.

Mental and Emotional Impact

The mental and emotional toll of spinal cord injuries can be significant. Studies have shown that nearly half of spinal cord injury victims suffer from mental health issues, including depression, anxiety, and post-traumatic stress disorder.

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.