Montezuma Motorcycle Accident Injury Attorneys

Motorcycle injury lawyers become resolute defenders for riders when tragedy strikes. Their expertise in motorcycle accidents equips them to manage legal challenges and secure the justice and compensation injured riders deserve.

Filing a Motorcycle Accident Claim as an Injured Passenger

Motorcycle accident victims who were passengers on a friend's bike can file an injury claim against the at-fault party. The claim may be made under the motorcyclist’s insurance policy or against another party, such as the driver of a passenger vehicle. This depends largely on who was at fault for the motorcycle accident and the type of coverage available.

Minimum Motorcycle Insurance in Iowa

If the motorcycle driver is at fault, his/her insurance coverage might pay for the passenger's damages. If another party is responsible for the accident, the passenger may file a claim against that party’s insurance company. Bodily injury liability would cover injuries up to the policy's limits.

In Iowa, motorcyclists are required to carry a minimum of 20/40/15:

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

Many motorcyclists and motorists opt for higher insurance coverage. Some motorists carry medical payments coverage, which pays for medical care costs regardless of fault. Passengers may even use their own coverage initially before recovering compensation from the at-fault party.

When Insurance Coverage Isn’t Enough

The at-fault party’s insurance coverage may not be sufficient. For instance, if a driver runs a red light and crashes into a motorcycle, both the passenger and the motorcyclist might be injured. If the driver only has the minimum amount of coverage, the $40,000 minimum bodily injury liability may not cover all damages.

In such cases, there is always the option of filing a lawsuit against the at-fault party, whether it's the motorcyclist or the driver of another vehicle. While minor insurance claims may be managed without an attorney, filing a lawsuit typically requires legal representation.

Damages Recoverable by a Passenger in a Motorcycle Accident

Motorcycle accident victims may suffer severe injuries. The medical and hospital costs associated with the injuries could be recovered through a claim or lawsuit. If the passenger is out of work due to the injuries, lost earnings can also be addressed.

Additional recoverable damages may include:

- Pain and suffering;
- Disability; and
- Emotional distress.

Talk to an Attorney at Walker, Billingsley & Bair

Some motorcycle accident victims struggle to understand what type of legal action to pursue. Filing an insurance claim, even a minor one, requires dealing with insurance companies that may use various tactics to avoid paying the claimant. This is why consulting with an attorney is often advisable.

Walker, Billingsley & Bair can assist if a passenger has sustained injuries in a serious motorcycle crash and wishes to file a personal injury claim or lawsuit against the at-fault party.

Tips to Avoid Common Motorcycle Accidents

Many motorcycle accidents are avoidable if the rider is knowledgeable about good riding techniques and safety measures. Here are some common motorcycle crashes and how they can be prevented:

Drinking and Driving

According to the 1981 Hurt Report, alcohol is a factor in 50% of all bike wrecks. Avoid drinking and riding to prevent this type of accident, as alcohol impairs balance and coordination, crucial skills for riding a motorcycle.

A Car Turns Left in Front of You

This is the most common motorcycle accident. A car may not see you and turns in front of you at an intersection. To avoid this:

- Look for signs that someone may turn in front of you;
- Slow down, cover your brakes, and be ready to take evasive action;
- Look at the wheels of the car for the first clue as to where it is going.

You Hit Gravel in a Blind Corner

Ride at a pace where your reaction time matches your range of vision. On winding roads, "Slow In, Fast Out" is a good rule. Enter corners wide and at an easy pace.

You Entered a Corner Too Fast

If you enter a corner too fast, trust the bike and try to ride it out. The bike is likely more capable than you think. Remain calm and try to ride through the corner rather than stopping abruptly.

A Car Changes Lanes into You

Motorcycles are often in drivers' blind spots. To avoid this:

- Be aware of where other drivers' blind spots are and stay out of them;
- Watch for cues that a car is going to change lanes, such as turn signals or the driver checking mirrors.

A Car Hits You From Behind

When stopping at an intersection, try to stop to the side rather than in the center of a lane. Flash your brake light rapidly by tapping the brake lever and be prepared to move the bike if necessary.

Your Riding Buddies are Careless

Ensure everyone in your group knows proper group riding etiquette, such as riding in a staggered formation.

You Locked Up the Front Brake

Learn to use your front brake effectively. Practice braking in a safe environment to become familiar with your motorcycle's braking ability.

Emotional Trauma after a Motorcycle Accident

Motorcyclists are at risk for various injuries in an accident, ranging from soft tissue injuries and fractures to spinal cord and head injuries. In severe cases, motorcyclists might also suffer from emotional trauma.

Post-Traumatic Stress Disorder (PTSD)

PTSD may develop following a traumatic event like a motorcycle accident. Symptoms include:

- Re-experiencing: flashbacks, nightmares, and thoughts about the incident;
- Avoidance: avoiding certain events, emotional numbness, guilt, depression, and difficulty remembering the event; and
- Hyperarousal: being easily startled, edgy, trouble sleeping, and intense anger.

Head Injuries and Depression

Head injuries are a major concern for motorcyclists. Research has shown that traumatic brain injury (TBI) can lead to major depressive disorder and chronic stress.

Emotional Trauma in Personal Injury Cases

A motorcycle accident claim will account for medical expenses related to physical injuries and may also include compensation for emotional trauma, such as:

- Mental health assessment;
- Counseling;
- Treatment; and
- Mental anguish.

However, not wearing a helmet might reduce your settlement if you suffered head injuries. The insurance company or defendant might argue that helmet use could have prevented or reduced the severity of the injury.

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.