• Sibley Motorcycle Accident Injury Attorneys
  • Phone: 641-792-3595
  • Directions

A motorcycle accident can leave a Sibley rider and their family reeling. Motorcyclists have considerably less protection compared to other drivers, which can leave them vulnerable to catastrophic injuries like head trauma, spinal cord injuries, road rash, and fractures. They may face financial burdens and emotional damages as well. Understanding how to prove fault, what medical bills you are responsible for while a claim is pending, and what an attorney can actually do for your case are all essential pieces of protecting a Sibley rider's rights after a crash.

To recover damages in an injury claim after a motorcycle accident in Sibley, you need to prove that the other driver was at fault, meaning the other driver committed an act that breached their duty to drive in a safe, reasonable manner, and that negligence led to the accident.

Establishing the Other Driver's Negligence

Some drivers may not account for motorcyclists when changing lanes and driving in general. For example, a driver may not check for bikes when turning left. If a motorcycle is coming straight through the intersection, it can lead to a serious collision.

To prove that the other driver acted negligently, your case must present valid evidence. This can include a police report that indicates the cause and circumstances of the collision, as well as any citations, such as an improper turn or speeding citation, issued to either driver. Other common types of evidence include photos of the scene and injuries, videos of the accident, eyewitness statements, and even the damaged vehicles involved in the crash.

As You Prepare for Your Case

  • Keep all medical appointments
  • Contact the insurance company
  • Keep all documents and communications pertaining to the accident

Helmet Laws and Negligence in Iowa

Iowa does not have a helmet law, so a Sibley motorcyclist who did not wear a helmet is not in violation of any laws. However, failure to wear a helmet may still affect an injury claim, particularly if the rider injured his or her head in the accident. Iowa follows a modified comparative negligence system in which claimants can recover damages even if partially at fault, provided they are no more than 50 percent at fault, though damage awards are reduced by the individual's percentage of fault.

Helmet use will not be a factor for a Sibley rider who suffers road rash on the leg, since a helmet would not have protected the leg from that injury. Talk to your attorney about the specific details of your case to get a better understanding of how helmet use, or the lack of it, may affect your claim.

Types of Damages Recoverable in a Sibley Motorcycle Claim

Economic damages in a motorcycle wreck can cover, but are not limited to, current and future loss of income and medical bills. Catastrophic injuries can require significant medical care in the future, such as home care for a brain or spinal cord injury or additional surgeries, so it is important to account for this when calculating losses. Noneconomic damages are also recoverable, which may include pain and suffering, mental anguish, reduced quality of life, and others.

Who Should Pay Your Medical Bills After a Sibley Motorcycle Accident

One of the biggest sources of confusion after a motorcycle crash is figuring out who is actually responsible for paying the medical bills while a claim is pending. It is rare for the other driver's insurance company to make payments for medical bills as they are incurred, even when liability is obvious. The other driver's insurance company is not required to make payments, and insurance companies routinely make payments only at the time of a final settlement when they can obtain a release. A Sibley rider should not expect the other driver's insurance company to pay medical bills along the way.

Potential Source Details
Employer health insurance Your own health insurance obtained through your employment benefits package
Personal health insurance Health insurance you may have purchased and paid for personally
Family coverage Health insurance obtained by a spouse for your benefit, or by parents if you are underage and living with them
Medical payments coverage Medical payments insurance from your own policy if you were on your motorcycle or a passenger in a vehicle; coverage can sometimes come from both the vehicle's insurer and your own
Healthcare.gov or Medicaid If you are not covered under an insurance plan, you may be eligible for a program under the Affordable Care Act
Personal funds Your own funds if you are uninsured and able to pay medical bills as they are incurred
Medical Providers Will Often Wait for a Settlement. With medical debt rising, a Sibley rider may not have the funds available to pay every bill up front. When there are insufficient funds to pay doctors, hospitals, and other medical providers, an attorney can help facilitate assignments in which the client authorizes the law office to pay the medical provider directly out of any settlement or verdict. These arrangements often satisfy the health provider, who will frequently wait until the time of settlement rather than pursue collection efforts against the injured rider.

It is also important for Sibley residents to keep in mind that almost all insurance policies contain a subrogation provision. This means the insurer requires reimbursement if you obtain money for your medical bills from another party or insurance company, which is one more reason it helps to have an attorney reviewing the details of your claim.

50% Maximum fault a rider can carry under Iowa's comparative negligence system and still recover damages
6+ Potential sources of coverage for medical bills after a motorcycle crash
0 Statewide helmet requirement in Iowa for adult riders

What Can an Attorney Do for Your Sibley Motorcycle Case?

Depending upon the nature and severity of your injuries, you may or may not need an attorney in your case. However, it is always a good idea to at the very least consult with an experienced Iowa injury attorney and request information that may help you through the process and avoid common costly mistakes. Should you decide to work with an attorney, here are some of the tasks that will be handled on your behalf, generally at no risk to you, since payment is only owed if the case is successful.

Building the Case

  • Educate clients about Iowa injury laws, which vary from state to state
  • Gather documentary evidence including police reports, medical records, and bills
  • Hire an investigator, if necessary, to interview or locate witnesses
  • Collect photographs of vehicles and the accident scene
  • Review comparative fault and assumption of the risk issues
  • Talk to physicians and obtain written reports to support the claim

Protecting Your Recovery

  • Analyze insurance policies to identify coverage that may pay medical bills while the claim is pending
  • Review and challenge the validity of any liens asserted by doctors, insurers, or employers
  • Contact the insurance company to put them on notice of the claim
  • Prepare a demand package in an attempt to settle the case
  • Prepare for mediation and settlement negotiations before trial

If a Lawsuit Becomes Necessary

If a suit is filed, an attorney prepares the client, witnesses, and healthcare providers for depositions, prepares written questions, and takes the depositions of the defendant and other witnesses. A scheduling conference is conducted to set a trial date, and the attorney prepares medical, demonstrative, and other exhibits, files motions and briefs to determine what evidence will be allowed, and takes the case to trial with a jury in most personal injury cases. Afterward, the attorney reviews the verdict to determine whether either side has good grounds for appeal and makes a recommendation to the client about whether to move forward with one.

Consulting a Sibley 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

More Info on Sibley Attorneys