Le Claire Motorcycle Accident Injury Attorneys

When disaster hits, motorcycle injury lawyers serve as committed advocates for riders. Their expertise in motorcycle accident cases allows them to manage legal intricacies and secure the justice and compensation injured riders deserve.

Important Safety Tips for Beginner Motorcyclists

With today's economy, many people are finding that motorcycles are a very useful and economical alternative to a car. In Iowa, the weather affects when people can ride, but in nice years like 2011, there can be many months of motorcycle riding.

People choose motorcycle riding for different reasons. There are many benefits to riding a motorcycle, including less impact on the environment, but there are also many risks associated with getting on a bike. If you or a loved one has just purchased a motorcycle or is considering buying one, you should take into account the risks involved.

Motorcycles do not provide the same level of protection that an automobile does. There is no outward shell to protect the rider if they are hit.

To reduce your risk when riding, consider taking the following safety measures:

- Ride with your lights on at all times: This increases visibility, making it easier for other drivers to see you.
- Wear protective clothing and gear: This includes a helmet, clothing that covers your skin, and fully enclosed shoes to protect against injuries.
- Follow all traffic laws: Adhering to speed limits and traffic signals can prevent accidents.
- Be aware of your surroundings and the drivers around you: Constant vigilance can help you avoid collisions.
- Never ride when you have been drinking or are extremely tired: Impairment significantly increases the risk of accidents.

A motorcycle is similar to a car in that you need to make sure it is in good condition before you ride. Make sure to check all your lights, tire pressure, and brakes before taking off on a long ride. Most importantly, enjoy yourself, but always be safe.

Why You Should Talk to a Motorcycle Accident Attorney in Le Claire

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.

Here’s why you or your family should talk to a motorcycle accident attorney in Le Claire as soon as possible after a motorcycle accident.

Damages from 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 the following:

- 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, 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.

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 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 1975 to July 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, and driving under the influence of alcohol or drugs.

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 even 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 you 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 then 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. 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: When you go see your doctors and other medical providers, tell them everything that hurts at your appointments. 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.
- 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.
- Consider at least talking to an experienced Iowa injury attorney: The insurance adjuster in your case is a trained professional whose job is to pay you as little as possible to settle your case. You should at least consider having a professional working for you to make sure you are not ripped off by the insurance company and end up with a stack of unpaid bills. Before you even consider a settlement, you should consult with a qualified injury attorney to find out what your rights are, other potential sources of recovery, issues dealing with medical bills and subrogation, etc.

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.