- Nora Springs Motorcycle Accident Injury Attorneys
- Phone: 641-792-3595
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In times of calamity, motorcycle injury lawyers stand as unwavering defenders for riders. Their expertise in motorcycle accidents enables them to handle legal challenges and secure justice and compensation for the injured.
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.
Broken bones from a motorcycle accident can typically be remedied with proper medical care. In some cases, though, broken bones may lead to long-term complications and impairment. If you’re a motorcyclist who's suffered a broken bone as a result of a motorcycle accident in Iowa, you may be able to pursue and recover compensation for your damages if another party caused the wreck.
Signs and Symptoms of a Broken Bone
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
Common Bones Broken in a Motorcycle Accident
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, with helmets and protective gear being their primary defenses.
Broken bones depend upon multiple factors, including the severity of the accident, angle of impact, speed at the time of the accident, and the part of the body impacted. Common fractures include:
- Rib fractures from torso trauma
- Collarbone, leg, arm, spine, and pelvis breaks
The severity and type of break will determine healing and recovery time, as well as the 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 the break. Cast immobilization is typical for breaks in the limbs (arms, legs), while a functional cast or brace may be used for minor breaks. Severe breaks may require surgery.
More serious breaks, such as those involving the spine, can be particularly traumatizing. If a spinal column break disturbs the spinal cord, injuries can be severe and permanent, potentially leading to paralysis. Broken bone injuries also risk future complications such as post-traumatic arthritis, which may cause problems later in life.
Liability for Broken Bones from a Motorcycle Accident
If your motorcycle accident, and the resulting broken bones, were caused by another driver’s negligent or irresponsible actions, that driver may be liable for your damages. Compensation may cover medical expenses, future medical costs, lost wages, and pain and suffering.
In Iowa, you must file a motorcycle injury case within two years of your injury to recover damages. It's crucial to speak with an attorney promptly to preserve your rights.
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 affect 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
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 that the other driver was mostly responsible, you can recover damages.
Documentation of your motorcycle accident can help you prove fault. At the scene of the accident, you should have:
- Taken photographs
- Collected witness testimony
- Noted witness contact information
- Made note of the other driver’s contact information
- Gotten the name of the driver’s insurance company
These items will be essential when filing a claim against the other driver. Additionally, you must 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. Otherwise, return the report via mail to the Iowa Department of Transportation in Des Moines within 72 hours.
Dealing with Insurance Companies
Filing a motorcycle accident claim can be tedious, especially without a valid license. The insurer may argue that you were at fault for the accident and may attempt to convince you that not having a valid motorcycle license indicates fault. Present convincing evidence that you are less than 51 percent at fault and that the other driver is to blame.
How Do I File a Claim After a Motorcycle Accident in Iowa?
To file a claim after a motorcycle accident, you’ll need to establish injury or property loss, adhere to the statute of limitations, and consider hiring a lawyer. Here are some tips from our established motorcycle accident law firm:
Seek Medical Attention and Save Records
If you were injured in your motorcycle accident, seek medical attention immediately. Gather all documentation relevant to your medical care. When you file your claim with the insurance company, you’ll need to provide proof of your injuries and expenses.
Review Your Policy
All motorcyclists and motorists in Iowa must carry proof of financial responsibility, typically in the form of car or motorcycle insurance. Review your policy as soon as possible after an accident. If you were at fault and only have basic coverage, your policy will only pay up to that amount. If you have other coverage types, like medical payments coverage, you may be entitled to more money regardless of who caused the accident.
File in Time
Notify your insurance company of your motorcycle accident immediately and file your claim as quickly as possible. If you delay, you may miss the stipulated time requirements and risk a denied claim. For personal injury lawsuits, you have two years under Iowa Code 614.1 to file.
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.