- Ogden Motorcycle Accident Injury Attorneys
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Motorcycle injury lawyers stand as unwavering advocates for riders when disaster strikes. Their expertise in motorcycle accidents allows them to navigate legal challenges and secure justice and compensation for the injured.
Why are Motorcycle Crashes on the Rise?
Over the past decade, the frequency of motorcycle crashes has notably increased, leading to more injuries and fatalities among riders. This troubling trend has raised significant concerns among road safety experts, policymakers, and the motorcycling community.
The Increasing Trend of Motorcycle Crashes
Motorcycle crashes have been on the rise for various reasons. Historically, August stands out as one of the worst months for motorcycle accidents. While the number of motorcycle riders has increased over the last ten years, partly due to more women purchasing motorcycles, this alone does not account for the rise in accidents. Despite motorcycles accounting for less than 1% of all vehicle miles traveled in Iowa, they are involved in a disproportionate number of crashes. Motorcycle riders make up 14% of traffic fatalities and 16% of severe injuries annually in the state.
Motorcyclists are inherently more vulnerable on the road due to the lack of protective structures that cars provide. This vulnerability often results in more severe injuries or fatalities when accidents occur.
Legal and Safety Measures for Young Riders in Iowa
In Iowa, the legal age to operate a motorcycle is 14, but young riders face several restrictions. Riders aged 14 to 17 must obtain a motorcycle instruction permit, and operators with only a permit must ride with a licensed parent or guardian who has a motorcycle endorsement. They can also ride with an immediate family member over 21 with a motorcycle endorsement or another licensed adult with a motorcycle endorsement over 25, with parental permission.
An intermediate motorcycle license can be obtained at 16, allowing the rider to operate the motorcycle with fewer restrictions. A full motorcycle license is available at 17, provided the rider has met specific requirements, including holding an intermediate license for at least a year and completing at least 10 hours of street or highway driving.
Additionally, riders under 18 must complete a Motorcycle Safety Foundation-approved course, which includes both in-class instruction and practical riding skills training. These courses are designed to teach essential skills such as riding in a straight line, turning, shifting, and stopping, helping young riders develop the competence needed to operate their motorcycles safely.
Steps to Protect Yourself and Your Claim After a Motorcycle Accident
Given the inherent risks of riding a motorcycle, it is crucial for riders to know how to protect themselves and their legal rights if they are involved in an accident. Here are some essential steps to follow:
1. Seek Immediate Medical Treatment: If you are injured, go to the emergency room or see your doctor immediately. Not seeking timely medical treatment can worsen your injuries and negatively impact your claim. Make sure to report all pain and limitations to your medical providers.
2. Avoid Rushing to Settle Your Claim: Insurance companies often offer quick settlements, which can be tempting. However, accepting such offers may result in you having to pay for ongoing medical expenses out of pocket. Consult an attorney before settling.
3. Do Not Give a Recorded Statement: Insurance adjusters may use your statements against you. Avoid giving recorded statements or signing forms without legal advice.
4. Document Everything: Keep thorough records of all medical treatments, lost wages, and any other related expenses. Maintain a daily journal of your pain levels and recovery progress.
5. Be Honest About Your Injuries: Accurately report your injuries to medical providers without exaggeration. Overstating your injuries can damage your credibility and the value of your claim.
6. Consult an Experienced Attorney: Before considering a settlement, seek advice from an experienced personal injury attorney. They can help you understand your rights, potential sources of recovery, and deal with medical bills and insurance claims.
Common Defenses Against Motorcycle Accident Claims
When pursuing a claim after a motorcycle accident, be aware of common defenses used by the opposing party:
1. Violation of Motorcycle Regulations: If you violated any motorcycle laws or regulations, such as carrying a package that restricted your ability to operate the bike safely, it could jeopardize your claim.
2. Speeding: If you were speeding at the time of the accident, the defense might argue that your actions contributed to the crash. This can reduce the damages you are eligible to recover.
3. Impairment: Riding while impaired by drugs or alcohol can severely limit your ability to recover damages. If proven, it could assign you a higher percentage of fault.
4. Helmet Use: Although Iowa does not require helmets, not wearing one can impact your claim if you suffer head or neck injuries. The opposing party may argue that your injuries were more severe due to the lack of a helmet, affecting your comparative negligence and the damages you can recover.
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.