- Shell Rock Motorcycle Accident Injury Attorneys
- Phone: 641-792-3595
- Directions
In the wake of a tragedy, motorcycle injury attorneys serve as steadfast defenders for riders. Specializing in motorcycle accidents, they handle legal complexities to ensure justice and compensation for injured riders.
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, roughly 1 out of every 333 vehicles. However, motorcycle deaths in Iowa constitute a staggering 16.7% of all fatalities on Iowa roadways. In 2023, out of the 378 people killed in motor vehicle accidents in Iowa, 63 were motorcycle riders. This means that despite the small number of motorcycles on the roads, motorcyclists are 55 times more likely than other drivers to be killed in a crash. As of May 2, 2024, there have already been 11 motorcycle fatalities in Iowa this year.
Does Wearing a Helmet Help?
Iowa is one of only three states in the country that does not require motorcycle riders to wear a helmet, including children. The state did have a helmet law from September 1975 to July 1976, during which motorcycle deaths dropped by 40%. While wearing a helmet can significantly reduce the risk of death and serious injury, some motorcycle safety proponents argue that helmets can limit visibility and hearing, potentially making riders less aware of their surroundings. Ultimately, in Iowa, the choice to wear a helmet is left to the individual rider.
What Can You Do to Prevent Becoming a Statistic?
Training is a crucial part of reducing risk. Although no amount of training can eliminate risk entirely, it can make a significant difference. Rider error is the most common cause of single motorcycle accidents, with preventable mistakes such as driving too fast for conditions, improper cornering, speeding, and driving under the influence of alcohol or drugs. Basic training courses teach essential skills like starting, riding in a straight line, shifting, and stopping, while advanced courses focus on situational awareness, risk evaluation, and evasive strategies.
Visibility is another key factor. Motorcycles can be hard to see, and the rise of distracted driving only exacerbates the issue. Riders can improve their visibility by wearing brightly colored safety vests, keeping their headlights on, or using a flag on the back of their motorcycle.
What to Do if You or a Loved One Are in a Motorcycle Crash
If you're involved in a single motorcycle crash, investigate the cause. Possible factors could include a defective part on the motorcycle, a tire blowout, or an obstacle on the roadway. If another driver caused the crash, it is crucial to seek good advice on dealing with insurance companies, doctors, and property damage.
Many riders mistakenly believe they should have their medical bills sent to the at-fault driver’s insurance company. This approach can lead to unpaid medical bills, collection agency calls, and even personal financial responsibility for the bills, as the other driver’s insurance may not pay them immediately. Iowa law requires only $20,000 in insurance coverage for personal injuries, which is often insufficient to cover medical expenses. Using your health insurance to cover medical care is usually the best course of action.
If you don't have health insurance, try to obtain it as soon as possible. While it won't cover past medical bills, it can cover future medical care. Not-for-profit hospitals may write off your bill as part of their tax requirements. Additionally, check if your motorcycle insurance includes medical payments coverage, which can provide a small amount of money for medical bills.
Tips if You or a Loved One Have Been Injured
1. Seek Medical Care Immediately: Document all injuries and seek medical attention promptly. Delaying medical care can hurt your case, as insurance companies may argue that your injuries are not severe if you didn’t seek immediate treatment.
2. Keep Important Documents: Maintain copies of medical records, work excuses, accident reports, and police reports. Keep a journal detailing your injuries and their impact on your daily life.
3. Be Honest About Your Injuries: When seeing doctors, report all your injuries accurately. Don't exaggerate or downplay your symptoms, as this can affect your treatment and documentation.
Tips for Dealing with Insurance Adjusters
1. Recorded Statements: Avoid giving recorded statements to insurance adjusters. They may try to get you to say things that could hurt your case later. If necessary, provide a non-recorded statement.
2. Settlements: Do not rush to settle your case. Insurance companies may offer a quick, small settlement to close the case. Serious injuries require thorough evaluation, and early settlements can result in receiving less compensation than deserved.
Why You Should Talk to a Motorcycle Accident Attorney in Shell Rock
Motorcycle accidents often result in serious injuries such as head and brain injuries, broken bones, burns requiring skin grafts, and soft tissue injuries. Even with health and motorcycle insurance, the costs can be overwhelming, especially if the recovery time is prolonged. An attorney can help recover damages for medical expenses, lost wages, pain and suffering, disability, and emotional distress.
Gathering the right evidence is crucial to proving fault in a motorcycle accident. Necessary evidence includes physical evidence from the accident scene, medical documents, eyewitness testimony, police reports, and potentially proof of the other driver's intoxication.
Negotiating with insurance companies can be challenging. They often offer settlements that are too low to cover adequate damages. An attorney can handle negotiations to ensure you receive fair compensation.
Finally, an attorney serves as a resource for any legal questions about the accident, fault, and damages. They can guide you through filing a personal injury lawsuit if needed and help navigate the state’s statute of limitations.
What If You Are a Passenger Injured in a Motorcycle Accident?
If you were injured as a passenger on a friend’s motorcycle, you could file a claim against the at-fault party. This could be the motorcyclist’s insurance or another party’s insurance, depending on who was at fault. Iowa requires motorcyclists to carry a minimum of $20,000 in bodily injury liability per person, $40,000 for all injuries in one accident, and $15,000 for property damage. Some motorcyclists carry higher coverage, and some have medical payments coverage, which can help cover medical costs regardless of fault.
If the at-fault party’s insurance is insufficient to cover all damages, you may need to file a lawsuit. This is especially necessary if both the motorcyclist and the passenger are injured, as the minimum bodily injury liability may not cover all expenses. Damages recoverable include medical costs, lost wages, pain and suffering, disability, and emotional distress.
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.