Earlham Motorcycle Accident Injury Attorneys

In times of calamity, motorcycle injury lawyers stand as unwavering supporters for riders. Their expertise in motorcycle accidents allows them to handle legal intricacies and secure justice and compensation for the injured.

Can I File a Motorcycle Accident Claim as a Passenger?

If you are a passenger injured in a motorcycle accident, you have the right to file a claim against the at-fault party. The liability might fall under the motorcyclist’s insurance or another party, such as the driver of a passenger vehicle. This largely depends on who was responsible for the accident and the type of insurance coverage available.

Minimum Motorcycle Insurance in Iowa

In Iowa, motorcyclists must carry minimum insurance coverage of:

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

Motorcyclists often carry higher coverage, and some also have medical payments coverage that pays for medical costs regardless of fault. Passengers can use their own insurance to cover initial costs before seeking compensation from the at-fault party.

When Insurance Coverage Isn’t Enough

Sometimes, the at-fault party’s insurance coverage is insufficient. For example, if a driver runs a red light and hits a motorcycle, injuring both the passenger and the motorcyclist, the minimum coverage may not be enough to cover all damages. In such cases, filing a lawsuit against the at-fault party is an option. While minor claims might be handled without an attorney, lawsuits typically require legal representation.

Recoverable Damages in a Motorcycle Accident

Passengers injured in a motorcycle accident may recover various damages, including:

- Medical and hospital costs
- Lost earnings if the injury causes time off work
- Pain and suffering
- Disability
- Emotional distress

Common Defenses Against Motorcycle Accident Claims

When pursuing a claim for damages, it’s essential to be aware of possible defenses the other party might use, such as:

1. Violation of Motorcycle Regulations: If you violated any motorcycle-specific laws at the time of the accident, your claim could be jeopardized. For example, carrying a package that restricts using both hands or riding more than two abreast in a lane are violations that could be used against you.

2. Speeding: The other side might argue that you were speeding or committing other traffic violations, which contributed to the accident. If you’re found partially at fault, your compensation might be reduced proportionally. Being more than 50% at fault could bar you from recovering damages.

3. Driving While Impaired: If you were under the influence of drugs or alcohol, it could significantly hinder your ability to recover damages, as impairment is a strong defense.

4. Not Wearing a Helmet: While Iowa doesn’t require helmets, not wearing one might affect your claim if you suffered head or neck injuries. The argument would be that helmet use could have reduced injury severity.

Types of Serious Motorcycle Injuries

Motorcycle accidents can result in severe injuries, such as:

- Fractures: Any body part can suffer fractures, and severe breaks might lead to complications like infections or blood clots.
- Road Rash: This injury, similar to a burn, occurs when a motorcyclist skids across the pavement, potentially causing deep tissue and muscle damage.
- Traumatic Brain Injuries (TBI): Ranging from mild concussions to severe TBIs, these injuries can cause lasting cognitive and physical impairments.
- Spinal Cord Injuries: These vary from herniated discs to severe spinal cord damage, potentially leading to chronic pain or paralysis.

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.