Northwood Motorcycle Accident Injury Attorneys

When tragedy strikes, motorcycle injury attorneys act as dedicated champions for riders. Specializing in motorcycle accidents, they adeptly handle legal challenges to ensure justice and compensation for injured riders.

Defenses against Motorcycle Accident Claims in Iowa

If you have been in a motorcycle accident in Iowa and are pursuing a claim for damages, be prepared for the insurance company or other driver to present arguments against your claim. To strengthen your case, it is crucial to familiarize yourself with common defenses against motorcycle accident claims and hire an experienced attorney.

Common Defenses in Motorcycle Accident Claims

Violation of Motorcycle Regulations

A common defense is that the motorcyclist violated specific motorcycle laws and regulations at the time of the accident. Motorcyclists in Iowa must adhere to certain laws, such as not carrying packages that restrict the use of both hands (Iowa Code 321.275(6)) or not riding more than two abreast in a lane (Iowa Code 321.275(4)). If the other driver proves that a violation occurred and caused the accident, your claim could be in jeopardy.

Speeding

Another frequent argument is that the motorcyclist was speeding at the time of the accident. If the defense can prove speeding or any other traffic violations, such as an illegal lane change, you may be partially or totally at fault. In Iowa, if you are found to be more than 50% at fault, you may be barred from recovering damages.

Driving While Impaired

The defense may argue that the motorcyclist was impaired by drugs or alcohol at the time of the accident. Impairment can significantly hinder your ability to recover damages, as it will affect the fault percentage assigned to you, often preventing you from recovering any damages.

Not Wearing a Helmet

Although Iowa does not require motorcyclists to wear helmets, not wearing one might be used against you if you suffered head or neck injuries. The argument is that helmet use would have reduced the severity of your injuries. This can increase your comparative negligence, reducing the damages you can recover.

Motorcycle Accident Passengers: Filing a Claim

Motorcycle accident victims who were passengers can file an injury claim against the at-fault party. This could be under the motorcyclist’s insurance policy or against another party, such as the driver of a passenger vehicle, depending on who was at fault.

Minimum Motorcycle Insurance in Iowa

In Iowa, motorcyclists are required to carry a minimum insurance of:
- $20,000 in bodily injury liability for one person
- $40,000 bodily injury liability for all injuries in one accident
- $15,000 for property damage

Many choose to carry higher coverage. In cases where the at-fault party's insurance is insufficient, the passenger might file a lawsuit to recover additional damages.

Damages Recoverable by a Passenger

A motorcycle accident victim may suffer severe injuries leading to significant medical and hospital costs, lost wages, pain and suffering, disability, and emotional distress. Consulting with an attorney can help passengers understand all forms of compensation available.

Motorcycle Accidents & Spinal Cord Injuries

Motorcycle accidents can result in severe injuries, including spinal cord injuries. According to a study from St. James University Hospital, spinal cord injuries affect approximately 11% of motorcycle accident victims. These injuries can cause significant long-term health complications.

Types of Spinal Cord Injuries

Spinal cord injuries are classified as either complete or incomplete:
- Complete: Total loss of sensation and movement below the injury site.
- Incomplete: Partial loss of sensation and function.

Complications and Long-Term Effects

Victims of spinal cord injuries face numerous complications, including blood clots, pressure sores, breathing difficulties, loss of bladder or bowel control, muscle atrophy, and nerve pain. Mental and emotional impacts, such as depression, anxiety, and post-traumatic stress disorder, are also common.

Undiagnosed Vertebrae Fractures

Undiagnosed compression fractures can lead to serious long-term issues like kyphosis, chronic pain, reduced physical function, and depression. Immediate medical attention and persistent treatment are crucial for recovery.

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.