Coon Rapids Motorcycle Accident Injury Attorneys

Motorcycle injury attorneys become unwavering supporters for riders when disaster occurs. Specializing in motorcycle accidents, they manage legal challenges to ensure injured riders receive the justice and compensation they deserve.

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. In the most basic terms, this means the other driver committed an act that breached the driver’s 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

Some drivers may not account for motorcyclists when changing lanes and driving in general. For example, a driver may not check for bikes when turning left. If a motorcycle is coming straight through the intersection, it can lead to a serious collision.

To prove that the other driver acted negligently, your case must present valid evidence. This can include a police report that indicates the cause and circumstances of the collision as well as any citations (like improper turn or speeding citations, for example) issued to either driver. Other common types of evidence include photos of the scene and injuries, videos of the accident, eyewitness statements, and even the damaged 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 still may affect an injury claim in some cases. This is particularly true if the rider injured his or her head in the accident.

Iowa follows a modified comparative negligence system in which claimants or plaintiffs can recover damages, even if they are partially at fault, provided they are no more than 50 percent at fault for an accident. But damage awards are reduced by the individual’s percentage of fault.

So if a rider wasn’t wearing a helmet and suffered a head injury when another driver merged into his lane, the rider may be assigned a percentage of fault for the injury based on the decision not to wear a helmet. If 10 percent responsible, for example, and the rider suffered $50,000 in damages, the award is reduced to $45,000. However, this depends on the circumstances of the case and if the injury would have occurred regardless of helmet use.

Of course, helmet use won’t be a factor for a rider who suffers road rash on his leg because the helmet would not have protected the leg from the injury. Talk to your attorney about the details of the case to get a better understanding of how this can affect your case.

Types of Damages in a Motorcycle Accident Claim

Economic damages in a motorcycle wreck can cover, but are not limited to, current and future loss of income and medical bills. Catastrophic injuries can require significant medical care in the future – such as home care for brain or spinal cord injury or additional surgeries – so it’s important to account for this when calculating losses.

Noneconomic damages are also recoverable. This may include pain and suffering, mental anguish, reduced quality of life, and others.

Partial Fault in an Iowa Motorcycle Accident

If you are found at partial fault in an Iowa motorcycle accident, the amount of compensation you will be eligible to recover will be reduced. It’s important to realize that just because you might be partially responsible for the motorcycle accident in which you were injured, it doesn’t mean that you can’t seek compensation with the help of the injury attorneys at Walker, Billingsley & Bair.

Iowa’s Comparative Negligence Rules

In Iowa, when courts, attorneys, and insurance adjusters calculate settlement packages, they abide by a rule known as comparative negligence. Essentially, this rule stipulates that the amount of compensation you are able to collect will be reduced by your degree of fault in the accident.

In other words, if you were at partial fault in an Iowa motorcycle accident, you will be responsible for your portion of the damages. As long as you were less than 51 percent responsible for the accident, you still may pursue financial compensation for a motorcycle accident in Iowa.

For example, if your settlement totaled $100,000 and you were found to be 25 percent at fault for the accident, you will receive only $75,000 in damages. This is why proving fault, negligence, and other important legal issues can be critical in these types of cases.

Lessening your degree of fault and demonstrating that the other party was liable for the accident is a key component of a successful claim. This is where Iowa injury attorneys may become instrumental. Your attorney can help you collect evidence, protect your rights, and best demonstrate your case to the adjusters or the courts.

Motorcycle Insurance Coverage in Iowa

Iowa motorcyclists who don’t carry motorcycle insurance can lose their licenses if pulled over by a policeman, per the Iowa Financial and Safety Responsibility Act. Additionally, a biker can be held responsible for the full cost of all repairs and medical bills if at fault for an accident. To ensure a carefree riding experience, investigate what the motorcycle insurance company has to offer. It is more than just bodily injury and property damage liability.

A little extra money on the front end could save you thousands later when you don’t have the means to make extra cash after a motorcycle crash. The following provides some optional vehicle coverage options worth considering.

Uninsured/Underinsured Motorist Coverage

While you may carry insurance, not all drivers do. And, if you’re in an accident caused by another driver, the other driver’s insurance may not be enough to pay for your injuries. By purchasing an uninsured/underinsured motorist coverage policy, you can help to ensure that your damages are paid in the event of an accident caused by someone else.

Comprehensive and Collision Coverage

Comprehensive coverage pays for damages that occur to your bike for things other than a motor vehicle accident:
- Flood
- Fire
- Vandalism

Collision coverage, on the other hand, helps cover the cost of repairs in the event that you’re involved in an accident that’s caused by colliding with another object, not another motor vehicle.

Medical Expense Coverage

Medical expense coverage is one of the most valuable types of coverage options to have, as it will pay for the medical expenses of both you and any of your passengers in the event of an accident, no matter who caused the motorcycle wreck.

Roadside Assistance Coverage

If you have an accident while on a ride, run out of gas, or experience a breakdown, roadside assistance coverage provides you with free towing. Excursion diversion insurance, sometimes called interrupted trip insurance, pairs well with roadside assistance coverage, as it provides riders with lodging, food, and transportation in the event of an accident that occurs more than 100 miles from your home. If you follow this pre-ride checklist for bikers, you may not need to use roadside assistance with any frequency.

When Damages are So Severe that Insurance Coverage is Not Enough

Despite the many types of auto insurance options for motorcyclists available, sometimes, the damages that result from an accident are so severe that insurance alone is not enough. When this happens, you should consider filing a personal injury lawsuit for damages to recover the total cost of all damages incurred. In Iowa, a claim must be filed within two years under Iowa Code 614.1.

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.