Farley Motorcycle Accident Injury Attorneys

When tragedy befalls riders, motorcycle injury attorneys become steadfast advocates. Their focus on motorcycle accidents allows them to navigate legal intricacies and secure the justice and compensation injured riders need.

Can I File a Motorcycle Accident Claim if I Did Not Have a Valid Motorcycle License?

If you were involved in a motorcycle accident in Iowa and did not have a valid motorcycle license at the time, you may still file a motorcycle accident claim against the other driver. Not having a valid motorcycle license doesn’t necessarily have anything to do with fault in an accident and does not preclude you from filing a claim if the other driver caused the wreck. While you might face penalties for operating a motorcycle without a license, filing a motorcycle accident claim should follow the same procedure as filing any other accident liability claim.

Establishing Fault in a Motorcycle Accident

Iowa’s Modified Comparative Fault Law

Thankfully, Iowa is a modified comparative fault state. According to Iowa’s modified comparative fault law, each driver involved in an accident may recover damages unless he or she is more than 51 percent responsible for the accident. So even if you were unlicensed, if your motorcycle accident claim establishes the other driver was mostly responsible for the accident, you can recover damages.

Gathering Evidence

Documentation of your motorcycle accident can help you prove fault. At the scene of the accident, you may have:
- Taken photographs
- Collected witness testimony
- Jotted down witness contact information
- Made note of the other driver’s contact information
- Gotten the name of the driver’s insurance company

All of these items will come in handy when you file a claim against the other driver.

Filing an Iowa Accident Report

Afterward, the first thing you must do when you are involved in a motorcycle accident is fill out an Iowa Accident Report if the accident resulted in death, personal injury, or total property damages of at least $1,500. If law enforcement investigated the accident, the report is not required. If you’re filling out the report, return it via mail to the Iowa Department of Transportation in Des Moines. Be sure to return the report within 72 hours.

Dealing with Insurance Companies

Once you have filled out an Iowa Accident Report and mailed it to the Iowa Department of Transportation, you should file an accident claim. To file the claim, contact the other driver’s insurance company and report the accident. You may then present the evidence mentioned above to establish that the other driver is to blame for the accident.

Overcoming Blame for Lack of License

However, like filing any type of claim, filing a motorcycle accident claim can be a tedious task whether or not you had a valid license at the time of the accident. The insurer may try to argue that you were at fault for the accident and may attempt to convince you that not having a valid motorcycle license is indicative of your fault. Thus, you must present convincing evidence that you are less than 51 percent at fault and that the other driver is actually to blame.

Broken Bones from a Motorcycle Accident in Iowa: Recovering Compensation for Your Damages

In 2012, there were over 1,000 motorcycle injury crashes in Iowa, according to the Iowa Department of Transportation. Injuries to a motorcyclist following a crash can be extremely painful, expensive to correct, and may require an extensive healing period. Some of the most common injuries that a motorcyclist may sustain as a result of an accident are broken bones.

Usually, the most distinct characteristic of a broken bone is intensive pain at the affected area. Other signs of a broken bone include:
- Swelling
- Bruising
- Bleeding
- Limited mobility at the site
- Numbness
- Tingling
- Broken skin with a protruding bone
- An obviously misshapen or out-of-place limb or joint

Types of Broken Bones

There is no limitation to the number or types of bones that may be broken in a motorcycle accident. Motorcyclists have very little protection in the event of an accident, whatever is on their bodies – like helmets – are generally all that is protecting them. Broken bones depend upon multiple factors:
- Severity of the accident
- Angle of impact
- Speed that the motorcyclist was traveling
- The part of the body impacted

Motorcyclists might suffer rib fractures from the trauma that comes with their torso striking the ground, other vehicles, or an object. Collarbone, leg, arm, spine, and pelvis breaks are possible, too. The severity and type of break will determine healing and recovery time, as well as whether or not there is a risk for long-term complications.

Recovery Time and Long-Term Complications

Treatment for a broken bone will vary greatly depending upon the area and severity of break. Cast immobilization, for example, will typically be used for breaks in the limbs (arms, legs). A functional cast or brace may also be used for minor breaks. Some serious breaks may require surgery to repair.

More serious breaks, such as a broken spine, can be particularly traumatizing. If a break of the spinal column causes any disturbance to the spinal cord, injuries can be severe and permanent. An injury to the spinal cord can cause permanent paralysis, for example.

Broken bone injuries have the potential to cause future complications. In some cases, for example, the condition known as post-traumatic arthritis may cause problems for a person later in life at the affected area.

Liability and Compensation

If your motorcycle accident, and therefore your broken bone injuries, were the result of another driver’s negligent or irresponsible actions, that driver may be liable for the damages you sustain because of your injuries. Damages may be awarded for medical expense and future medical expenses, lost wages that you suffer as a result of your injury, and even pain and suffering.

Time Frame for Filing a Claim

In Iowa, the law requires that you file a motorcycle injury case within two years of your injury occurring if you want to recover damages. As such, you need to get started on speaking with an attorney immediately.

Why You Should Talk to a Motorcycle Accident Attorney in Farley

When a motorcycle accident occurs, the last thing that the victim and his or her family are usually thinking about is taking legal action; instead, thoughts are typically focused solely on the victim’s injuries and recovery. While a motorcycle accident can be entirely overwhelming and emotional—and talking to a motorcycle accident attorney may not feel like a natural step to take—meeting with a lawyer is imperative.

Dealing with Serious Injuries

Even when motorcyclists are riding with proper safety gear, serious injuries such as the following are common:
- Head and brain injuries
- Broken bone injuries
- Burn injuries requiring skin grafts
- Soft tissue injuries

Even if the motorcyclist has health and motorcycle insurance, these damages can be expensive. What’s more, if the injuries have a prolonged estimated recovery time, the rider may be unable to return to work and earn an income, and may need to pay for special therapy or healthcare. Having an attorney on your side can help you to recover damages for all of these expenses.

Gathering the Right Evidence

Part of recovering damages will be proving the fault of the other party. To prove guilt, evidence will be incredibly important to your claim. Types of evidence that you may need to show fault include:
- Physical evidence from the accident scene/pictures of physical evidence
- Medical documents, doctors’ statements, and medical bills
- Eyewitness testimony
- Police reports
- Key facts about another driver (history of driving offenses)
- Possible proof of intoxication of another driver

Negotiating with Insurance Companies

Who pays for your damages—your insurance company or the other driver—will depend upon a variety of circumstances, including who was at fault and the type of insurance that you have. Regardless, however, having an attorney on your side that can handle negotiations can be a relief.

Often, insurance companies will attempt to offer accident victims settlement amounts that are far too small to cover adequate damages. If the number is large, it can be tempting to accept, even when it’s lower than it should be. To avoid a situation like this from occurring, the advice and negotiating skills of an attorney are very helpful.

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.