Dallas Center Motorcycle Accident Injury Attorneys

Motorcycle vs. Car: How to Help Prevent a Crash

A car has far more weight and mass than a motorcycle. It has a roll cage area, a roof, airbags, and seatbelts, and it is more stable because it has four wheels. Because of its size, a car is also easier for other drivers to see than a motorcycle. What a motorcycle sacrifices in these areas is somewhat offset by its ability to stop and turn quickly when the rider has been properly trained.

Steps That Help Prevent a Crash

Training is one of the most important things a Dallas Center rider can do to reduce the chances of being in a crash and to reduce the severity of injuries if a crash does happen, since a large share of motorcycle riders involved in accidents are essentially untrained, having taught themselves or learned from family or friends. Riders should never drink and drive, since a large portion of fatal motorcycle crashes involve alcohol use by the rider. Excessive speed, whether taking a corner too fast or simply driving above the speed limit, is also a significant factor in many crashes, since it leaves less distance to stop when a car pulls out unexpectedly. Proper maintenance matters as well. While vehicle failures cause a relatively small share of motorcycle crashes, many of those involve a rider losing control after a flat tire, which can result in serious injury at high speed.

Common Crash Scenarios and How to Avoid Them

A well-known 1981 motorcycle safety study known as the Hurt Report identified common crash patterns and offered suggestions for avoiding them. One of the most common types of motorcycle crashes happens when another driver turns left in front of a rider, often because the driver failed to see the motorcycle or misjudged its speed while turning at an intersection. Riders can reduce this risk by approaching intersections cautiously, watching for signs that a driver may turn, such as a gap in traffic or a nearby driveway, and watching the wheels of a vehicle rather than the vehicle itself for the earliest sign of movement. Slowing down as much as possible before impact, rather than laying the bike down, gives a rider the best chance of avoiding serious injury.

Another common scenario involves a car changing lanes into a rider's path, often because the motorcycle was in the driver's blind spot. Riders can reduce this risk by spending as little time as possible in blind spots and watching for signs that a vehicle may be changing lanes, such as turn signals or a driver's head moving to check mirrors. A third common scenario involves a car striking a motorcycle from behind while the rider is stopped at a light or stop sign. Installing brake lights that flash when the brakes are applied, stopping toward the side of a lane rather than the center, keeping the motorcycle in gear, and watching approaching traffic can all help a rider react in time.

Know Your Legal Options After a Motorcycle Accident

Motorcycle accident injuries can be severe, including broken bones, burns, internal bleeding, head injuries, and spinal cord injuries. Victims and their families often face significant physical, emotional, and financial consequences.

Options for Recovering Damages

Iowa requires drivers to carry minimum auto liability insurance, and a motorcyclist injured by another driver can file a claim with that driver's liability insurance. To recover, the motorcyclist must establish that the driver was negligent, that the negligence caused the accident, and that the rider was injured and suffered damages as a result. If the at-fault driver is uninsured, or if that driver's insurance does not cover all the damages, the motorcyclist may be able to file a claim under their own uninsured and underinsured motorist coverage, if that coverage is included on their policy. In some cases, an insurance company will fail to offer a fair settlement or will deny a claim outright, which may make a personal injury lawsuit necessary to recover damages.

What Types of Compensation Can Be Sought?

The damages available in a motorcycle accident claim depend on the losses and expenses involved, but they often include lost wages and reduced earning capacity, current and future medical bills, and pain and suffering.

What If You Were Not Wearing a Helmet, or You Were Partly at Fault?

Since Iowa does not require helmet use, a rider who was not wearing one has not broken the law. However, Iowa follows a modified comparative fault system, meaning partial negligence can reduce the compensation a rider recovers. If a rider is found to be more than 50 percent at fault for the accident, Iowa law bars recovery of damages entirely. If a rider is 50 percent at fault or less, damages may still be recovered, but they will be reduced in proportion to that percentage of fault. A rider's decision not to wear a helmet could factor into comparative negligence if the rider suffered a head injury, though it generally would not affect fault for an injury unrelated to the head, such as an arm injury.

What You Need to Know to Protect Your Motorcycle Accident Claim

Regardless of who represents you, there are several important steps that can help you receive a fair and just settlement after a Dallas Center motorcycle accident.

Tell Your Doctor Everything That Hurts

How you feel and how your injuries affect your daily life is some of the most critical evidence in your case. Your doctor is required to keep accurate and detailed records of your medical history and care, including how you were injured, your physical complaints, examination findings, and treatment. Insurance companies base their settlement offers heavily on this information. If you do not tell your doctor about everything that hurts, it will not be treated properly, and if you begin complaining about a problem weeks or months later, the insurance company will likely argue that the problem was unrelated to the accident and reduce its offer.

Follow Your Doctor's Orders

If your doctor recommends a specific course of therapy or treatment and you do not follow it, your claim can be damaged. Insurance companies will argue that you could not have been seriously injured, or you would have followed your doctor's recommendations, and will use that argument to reduce their offer.

Keep a Diary to Document Your Injuries

Few people think to write down how they feel day to day after an accident, but a diary can help provide an accurate account of your injuries and how they affect your ability to function. This kind of documentation can help prove the extent of your injuries and support a higher evaluation of your claim.

Keep Documentation of Missed Work

It is important to track the time you miss from work because of your injury, including doctor's excuses for missed work and time missed for medical appointments.

Be Careful What You Say

The insurance company and its lawyers will use anything you say against you, so it is important never to lie, even about something that seems minor. A small inconsistency can damage your credibility. The best approach is to always tell the truth, so you never have to worry about what you said earlier in your claim.