Colfax Motorcycle Accident Injury Attorneys

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

Why are Motorcycle Crashes on the Rise?

During the past decade, more motorcycle riders have been getting injured or killed on our roadways. Historically, August is one of the worst months for motorcycle riders. While the number of motorcycle riders on the roads has increased, particularly among women, motorcycles account for less than 1% of all vehicle miles in Iowa but make up a much larger percentage of crashes. Alarmingly, 14% of fatalities and 16% of severe injuries each year in Iowa involve motorcycle riders.

Vulnerability of Motorcyclists

Motorcyclists are inherently more vulnerable on the road due to the lack of protection compared to other vehicles. After a motorcycle accident, injured riders need sound advice on dealing with medical providers and insurance companies. It is a common misconception that if the other driver is at fault, their car insurance will cover the injured rider's medical bills and expenses.

Protecting Yourself and Your Claim

1. Seek Treatment Immediately: If you are hurt, go to the emergency room or your doctor immediately. Failing to seek medical treatment can worsen your injuries and be used against you in your claim. Inform your medical providers about all pain and limitations caused by the accident.

2. Don't Rush to Settle Your Claim: Insurance companies may offer a quick settlement that seems tempting but could leave you responsible for medical costs. Settling prematurely can result in out-of-pocket expenses or the need to reimburse your health insurance.

3. Avoid Giving Recorded Statements: Insurance adjusters may ask questions that can be used against you later. Avoid giving recorded statements or signing forms for the insurance company, as this can provide them access to unrelated information.

4. Documentation: Keep copies of work excuses, verification of time off work, lost pay, medical bills and records, police reports, and maintain a daily journal of your condition.

5. Never Exaggerate Your Injuries: Accurately report your injuries to your medical providers. Exaggerating your injuries can severely damage your case.

6. Consult an Experienced Injury Attorney: Insurance adjusters settle claims for a living. Having a professional on your side helps protect your rights and avoid being taken advantage of by insurance companies. Consult an attorney to understand your rights and explore potential sources of recovery.

Helmet Use and Motorcycle Accident Claims

Many motorcyclists in Iowa ride without a helmet, contributing to severe injuries in accidents. According to a 2012 factsheet by the Governor’s Traffic Safety Bureau, 83% of motorcycle fatalities over the past five years involved riders not wearing helmets. Survivors often face substantial costs for rehabilitation and medical treatments for head and spine injuries.

Iowa Motorcycle Helmet Laws

Iowa does not require motorcyclists to wear helmets. While this means riders without helmets are not breaking the law, comparative negligence laws in Iowa can affect compensation. If the injured rider is found more than 50% at fault, they cannot recover any compensation. For example, not wearing a helmet and suffering head injuries can result in partial fault, reducing the amount of recoverable damages.

Comparative Negligence in Iowa

Under comparative negligence, an injured party can be awarded damages minus their share of the blame. If a rider is more than 50% at fault, they cannot recover compensation. Not wearing a helmet may partially fault the rider for head and neck injuries, affecting their claim.

Recovering Compensation for Disfiguring Injuries

Motorcycle accidents often lead to serious or disfiguring injuries. Riders must drive defensively and anticipate other motorists' poor or aggressive driving. According to the Iowa Department of Public Safety, motorcycle accidents in 2012 accounted for 2% of all road accidents but resulted in 12% of serious injuries and 14% of fatalities. Following road rules and wearing a helmet can improve safety, but even cautious riders can have accidents.

Insurance and Third-Party Liability Claims

Keeping comprehensive coverage on your motorcycle is essential. If seriously injured or disfigured, you can claim your insurance or file a third-party claim against another driver's liability insurance if they caused the accident.

Types of Compensation

Victims of motorcycle accidents with serious or disfiguring injuries may be entitled to compensation for:

- Medical Bills: Hospitalization, long-term care, and physical therapy.
- Loss of Earnings: Compensation for lost income and potential future earnings.
- Pain and Suffering: Damages for emotional distress and disfigurement.
- Long-Term Complications: Consideration for future medical issues and necessary therapies.

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.