Center Point Motorcycle Accident Injury Attorneys

When tragedy strikes, motorcycle injury attorneys act as dedicated advocates for riders. Specializing in motorcycle accidents, they adeptly handle legal challenges to ensure justice and compensation for injured riders.

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 without a valid motorcycle license, you can still file a motorcycle accident claim against the other driver. While operating a motorcycle without a license can lead to penalties, it does not automatically determine fault in an accident. Filing a motorcycle accident claim follows the same procedure as any other accident liability claim.

Establishing Fault

Iowa follows a modified comparative fault system. According to Iowa law, each driver involved in an accident can recover damages unless they are more than 51% responsible for the accident. Therefore, even if you were unlicensed, you could recover damages if the other driver is primarily at fault.

To prove fault, you should document the accident scene by:

- Taking photographs
- Collecting witness testimonies
- Noting witness contact information
- Recording the other driver’s contact and insurance information

These items will support your claim against the other driver. Additionally, if the accident resulted in death, personal injury, or property damages of at least $1,500, you must fill out an Iowa Accident Report and mail it to the Iowa Department of Transportation within 72 hours unless law enforcement investigated the accident.

Dealing with Insurance Companies

Filing a motorcycle accident claim can be tedious, and insurance companies may argue that your lack of a valid license implies fault. It is crucial to present compelling evidence that you are less than 51% at fault. An attorney can provide legal counsel and help you deal with insurance adjusters.

Iowa’s Motorcycle Death Rate

Motorcycles account for only 0.3% of all registered vehicles in Iowa but represent 16.7% of road fatalities. This disproportionate statistic highlights the risks motorcycle riders face. In 2023, 63 out of 378 motor vehicle fatalities in Iowa were motorcyclists. As of May 2, 2024, there have already been 11 motorcycle fatalities.

Helmet Use and Safety Training

Iowa does not mandate helmet use for motorcyclists, including children. During a brief period from September 1975 to July 1976, when helmet laws were in place, motorcycle deaths dropped by 40%. Despite this, the decision to wear a helmet remains a personal choice. Some argue that helmets can limit visibility and hearing, although they significantly reduce the risk of fatal head injuries.

Training is vital in reducing motorcycle accidents. Rider error is the most common cause of single motorcycle accidents. Training courses teach situational awareness, risk evaluation, and evasive strategies. Increasing visibility through safety vests, headlights, and flags can also reduce the risk of accidents.

What to Do After a Motorcycle Crash

If involved in a crash, investigate the cause, whether it was due to a defective part, road debris, or another driver. Seek medical advice immediately and use health insurance for medical bills to avoid unpaid bills and collections issues. Iowa law requires drivers to have $20,000 in personal injury coverage, which may not cover extensive medical costs.

Keeping Records and Dealing with Insurance Adjusters

Keep copies of medical records, accident reports, and a journal of your injuries and their impact on daily life. Be honest about your injuries and report all symptoms to your medical providers. 

When dealing with insurance adjusters, be cautious with recorded statements, as they may use your words against you. Avoid rushing into settlements, especially if your injuries are severe. Consulting with an experienced attorney can help ensure you receive fair compensation.

Types of Special Motorcycle Insurance Coverage in Iowa

Iowa’s financial responsibility requirements for motorcyclists include $25,000 bodily injury liability per person, $40,000 per accident, and $15,000 property damage liability. Each vehicle must have its own insurance, separate from auto insurance.

Additional coverage options include:

- Collision Insurance: Covers damages from accidents, regardless of fault.
- Comprehensive Insurance: Covers damages from fire, weather, vandalism, theft, and animal damage.
- Medical Expense Coverage: Covers medical expenses regardless of fault.
- Uninsured/Underinsured Motorists Insurance (UM/UIM): Covers you in accidents with uninsured drivers or those with insufficient coverage.

Filing a Motorcycle Insurance Claim

After an accident, save all relevant information including the accident report, witness contacts, and photographs. Report the accident to your insurance company and, if applicable, the other driver’s insurer. If fair compensation is not achieved, you may need to file a lawsuit or claim through your own insurance if you have relevant coverage.

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.