Cherokee Motorcycle Accident Injury Attorneys

Motorcycle injury lawyers stand as committed champions for riders when disaster occurs. Specializing in motorcycle accidents, they adeptly manage the legal system to secure justice and compensation for injured riders.

Filing a Motorcycle Accident Claim Without a Valid License and Rising Motorcycle Crashes

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 have anything to do with fault in an accident and does not preclude you from filing a claim if the other driver caused the wreck. However, while you might face penalties for operating a motorcycle without a license, filing a motorcycle accident claim should follow the same procedure as filing any other accident liability claim.

Establishing Fault in a Motorcycle Accident Claim

Iowa operates under a modified comparative fault system. According to Iowa’s modified comparative fault law, each driver involved in an accident may recover damages unless he or she is more than 51 percent responsible for the accident. This means that even if you were unlicensed, you can recover damages if the other driver is mostly responsible for the accident.

Documentation is key in proving fault. At the scene of the accident, you may have:

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

All these items are useful when filing a claim against the other driver. Additionally, if the accident resulted in death, personal injury, or total property damages of at least $1,500, you must fill out an Iowa Accident Report and mail it to the Iowa Department of Transportation in Des Moines within 72 hours, unless law enforcement investigated the accident.

Dealing with Insurance Companies

Filing a motorcycle accident claim can be tedious, particularly if you were unlicensed. Insurance companies might try to argue that your lack of a valid license indicates fault. It is crucial to present convincing evidence that you are less than 51 percent at fault and that the other driver is to blame.

Why Motorcycle Crashes are on the Rise

Over the past decade, motorcycle accidents have increased, with more riders getting injured or killed. August historically sees the highest number of accidents. Although motorcycles account for less than 1% of all vehicle miles in Iowa, they represent 14% of fatalities and 16% of severe injuries each year.

Motorcyclists are particularly vulnerable due to the lack of protection. It is a common misconception that the at-fault driver’s car insurance will automatically cover the injured rider’s medical bills and expenses. Following an accident, injured riders need good advice on dealing with medical providers and insurance companies.

Protecting Yourself and Your Claim

1. Seek Treatment Immediately: Go to the emergency room or your doctor immediately if you are hurt. Failing to seek medical treatment can worsen your injuries and weaken your claim. Make sure to tell your medical providers about all areas of injury and pain caused by the accident.

2. Avoid Rushing to Settle Your Claim: Insurance companies may offer quick settlements that seem tempting but could leave you responsible for future medical expenses. Once you sign a release, you give up your rights to further compensation.

3. Do Not Give Recorded Statements: Insurance adjusters are trained to ask questions that can later be used against you. Providing a recorded statement or signing forms can give the insurance company access to information that can hurt your case.

4. Keep Documentation: Maintain copies of work excuses, lost pay verification, medical bills and records, police reports, and daily journals of your pain and limitations.

5. Never Exaggerate Your Injuries: Ensure your medical records accurately reflect your injuries without exaggeration. Overstating your condition can damage your claim.

6. Consult with an Experienced Attorney: Before settling your case, speak with an experienced injury attorney to understand your rights and potential recovery options.

Filing a Claim as a Motorcycle Passenger

Motorcycle passengers injured in an accident can file a claim against the at-fault party, either under the motorcyclist’s insurance policy or against another party, such as a car driver. This depends on who was at fault and the type of coverage available.

Minimum Motorcycle Insurance in Iowa

Motorcyclists in Iowa are required to carry minimum insurance coverage of:

- $20,000 in bodily injury liability for one person
- $40,000 in bodily injury liability for all injuries in one accident
- $15,000 for property damage

Many motorcyclists opt for higher coverage, and some carry medical payments coverage, which pays for medical costs regardless of fault. Passengers may use their own coverage initially before recovering compensation from the at-fault party.

When Insurance Coverage is Insufficient

If the at-fault party’s insurance coverage is insufficient, victims may file a lawsuit to recover damages. This typically requires legal representation, as minor claims can often be handled without an attorney.

Recoverable Damages for Motorcycle Passengers

Injured passengers may recover compensation for:

- Medical and hospital costs
- Lost wages
- Pain and suffering
- Disability
- Emotional distress

Consulting an attorney can help injured passengers understand all available forms of compensation.

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.