Fairfield Motorcycle Accident Injury Attorneys

When disaster hits, motorcycle injury lawyers serve as committed supporters for riders. Their specialization in motorcycle accidents equips them to navigate legal intricacies and secure the justice and compensation injured riders deserve.

How to Deal with an Aggressive Driver if You’re on a Motorcycle

Knowing how to deal with an aggressive driver is an unfortunate reality for bikers. Drivers may run you off the road either through inattentiveness or because they feel more powerful behind the wheels of their cars. Despite how aggravating it can be, you’ve got to bear in mind that when you’re on a motorcycle, you are at risk for a motorcycle accident, which often results in serious injuries. Knowing how to deal with an aggressive driver if you’re riding a bike is essential to your safety.

Don’t Respond to Road Rage

Another driver who’s frustrated with traffic or the way that you’re operating your motorcycle may demonstrate road rage. Yelling, using obscene language or gestures, tailgating, speeding, or otherwise driving aggressively and dangerously often characterizes road rage.

While responding to the driver’s road rage aggressively—and even falling victim to an episode of road rage yourself—can be an easy trap to fall into, avoid the temptation. Responding to an episode of road rage can be dangerous for both yourself and the other driver. Instead, keep your distance and keep your cool.

Move Over if Being Tailgated

Tailgating is a very common form of aggressive driving. While being tailgated is frustrating and you may have the urge to slow down even more in response, the best thing that you can do is just to change lanes and allow the tailgater to pass. Don’t speed up to please the tailgater, as doing so may be dangerous. Allowing the tailgater to pass solves the problem safely.

Know How to Stay Safe While Riding

Knowing how to handle an aggressive driver while riding a motorcycle is just one of the many things that you need to do to stay safe. Don’t forget other motorcycle safety tips, like always wearing a helmet and what to put in your motorcycle safety kit. You can find a variety of other safety tips for motorcyclists on our blog.

Why is Iowa’s Motorcycle Death Rate 10 Times Higher than the National Average?

In Iowa, motorcycles make up only 0.3% of all registered vehicles, which is about 1 out of 333 vehicles. However, motorcycle deaths in Iowa make up 16.7% of the fatalities on Iowa roadways. In 2023, there were a total of 378 people killed in motor vehicle fatalities in Iowa, of which 63 people were killed in motorcycle crashes.

This means that despite the small number of motorcycles on the roads, motorcycle riders are 55 times more likely than other drivers to be killed in a motor vehicle crash. As of May 2, 2024, there have already been 11 people killed in motorcycle accidents in Iowa in 2024.

Does Wearing a Helmet Help?

We are not suggesting that Iowa needs a helmet law but want you to know all the facts when deciding whether to wear a helmet or not. Iowa is one of only three states in the country that does not require motorcycle riders to wear a helmet, and this includes children. Iowa did have a helmet law from September of 1975 to July of 1976, and during that period motorcycle deaths dropped 40%.

Other motorcycle safety proponents point to the fact that you have limited visibility and hearing when wearing a helmet and being more alert of your surroundings can prevent a motorcycle accident from happening. In Iowa, the choice is yours as to whether you want to wear a helmet or not.

What Else Can Myself and My Family Do to Prevent from Becoming a Statistic?

Training is a very important part of reducing your risk. Of course, no amount of training can eliminate your risk, but training can make a big difference. For example, rider error is the most common cause of single motorcycle accidents. These preventable driver errors include driving too fast for the road conditions, not properly going around a corner, speeding, driving under the influence of alcohol or drugs, etc.

There are basic training courses that teach you about your motorcycle, starting, riding in a straight line, shifting, and stopping. There are also more advanced courses that teach you situational awareness, risk evaluation, and evasive strategies to help prevent a motorcycle accident whether you or someone else is at fault.

Motorcycles can be hard to see and the rise of distracted drivers only makes things worse for riders. Some riders wear a brightly colored safety vest, others always have their headlights on, and some have a flag on the back of their motorcycle to increase visibility. These are some things that you should consider to reduce your risk of injury or death while riding a motorcycle in Iowa.

What Should You Do if You or a Loved One Are in a Motorcycle Crash?

If it is a single motorcycle crash, then you should investigate what caused the crash. Was there a defective part on the motorcycle? Did a tire blow out? Was there an animal or debris on the roadway that caused the crash? If there was another driver that caused the motorcycle crash, then it is important that you seek good advice about how to deal with insurance companies, doctors, your property damage, etc.

For example, many riders injured by someone else think it is a good idea to tell their doctors to bill the other driver’s insurance company. This is not a good idea for many reasons, including that the other driver’s insurance company will not pay the medical bills as they are incurred, which could leave you with unpaid medical bills, calls from collections agencies, or even eventually being stuck with the medical bills. Iowa law only requires drivers to have $20,000 in insurance coverage for personal injuries. An emergency room visit and an overnight hospital stay alone will likely cost more than this. Therefore, if you have health insurance, the best thing is to use it to pay for your medical care and treatment.

If you do not have health insurance, then you should try to get some as soon as possible. While it will not pay for your past medical bills, it should pay for any future medical care and treatment that you need. Also, if you were treated at a hospital, you can ask that they write off your bill as not-for-profit hospitals are required to write off a certain amount of medical bills to not pay taxes. Another small source of money (usually $1,000 to $5,000) to pay for medical bills is what is called medical payments coverage on your motorcycle. However, unfortunately, many motorcycle insurance policies do not include medical payment coverage as the rider may waive the coverage.

Tips if You or a Loved One Have Been Injured

Seek medical care immediately and tell your medical providers about everything that hurts

If you are injured and fail to get medical treatment, you are making a huge mistake. I get it, maybe you think things will be better in a few days with some ice and over-the-counter pain medications. However, if you do not see a doctor and document your problems, it is likely that the insurance company will offer you little, if anything, for your “injuries.” Also, delaying going to the doctor can hurt your case. The insurance company will insist that if you were really hurt, you would have sought medical care and treatment immediately.

Keep Important Documents

It is important that you keep copies of the medical records given to you, including work excuses. Also, you should request a copy of any accident or police reports that are available. Finally, you should have a notebook or journal so you can write down how you are feeling and how your injuries are affecting your everyday life.

Be honest about your injuries

This means when you go see your doctors and other medical providers, tell them everything that hurts at your appointments. If you must write things down and bring them with you to your appointment to remember everything, that is fine. Also, do not make it sound like you are better or worse than you are. Your medical providers need to know exactly how you are feeling to document your injuries and provide you with the best medical care possible.

Tips for Dealing with the Insurance Adjuster

Recorded Statements

One of the first things that most insurance adjustors will ask you is that they need a recorded statement to evaluate your case. This is rarely true if there is an accident and/or police report. The real reason that the insurance adjustor wants your recorded statement is to try to get you to say things that could hurt your case later.

For example, the adjustor may ask you, “Have you ever had any back problems before?” If you say “no,” but you saw a chiropractor 10 years ago, then you have just created an issue with your credibility. The better way to answer a question like that is if you remember having back problems, you say “yes,” but if you do not remember, but it is possible, then you would answer “not that I remember.”

An even better thing to do is not agree to provide a recorded statement. Sometimes when the insurance adjustor insists that they need a statement, we will prepare our clients and have them provide a non-recorded statement so it cannot be used against them later on.

Settlements

Do not rush to settle your case. The insurance company may say they will pay you a few thousand dollars if you just sign a release form. If you agree to this and sign the release form, then you are most likely stuck with a small

 settlement even if your injuries do not heal. If your injuries are serious, like broken bones, surgery, etc., then you should not even consider settling your claim early because you could make a costly mistake like settling for a smaller amount than your case is worth, settling for the other driver’s policy limits when they have collectible assets, or settling without the permission of your own underinsured motorist insurance company, which could cause your claim to be denied.

What’s the Value of My Motorcycle Accident Claim if I Suffered Permanent Injuries?

It’s not easy to give an exact value for a motorcycle accident claim, even if that motorcycle wreck results in a permanent, disabling injury. That’s because no two cases are alike. The injuries differ in severity and the effects may not be exactly the same from one injured rider to the next.

Permanent Injuries and Economic Damages

One of the most important aspects of any injury claim – and one of the easiest to calculate – is the economic damages you’ve suffered. This entails adding up the wages you’ve missed while you’re recovering, the medical bills you’ve incurred as you sought treatment, and any other expenses related to the accident.

But permanent injuries cause lasting and sometimes lifelong damages that create additional expenses. In extreme cases, if you require long-term care such as an in-home nurse, you must account for those expenses.

The same goes for wages. You may have to work with your attorney, and an expert witness may provide testimony regarding the effects of your permanent injuries on your ability to work. An expert may also estimate your lost wages related to the accident and your injuries.

The Health Council published a study in 2010 on the incidence and total lifetime costs of motor vehicle-related fatal and nonfatal injury by road user type, and they determined that the medical care and lost productivity cost roughly $99 billion. Of that amount, motorcycle fatal and non-fatal injuries made up $12 billion.

Permanent Injuries and Non-economic Damages

Non-economic damages are more difficult to calculate because they don’t come with receipts. An insurance company may calculate the value of your non-economic damages based on the value of your economic damages by using a multiplier based on the severity of your injuries.

For instance, a permanent and serious head injury may warrant more non-economic damages than a permanent knee injury.

Talk to your attorney about how best to estimate your non-economic damages. These may address:

- Pain and suffering
- Mental anguish
- Disfigurement
- Disability

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.