- Sibley Motorcycle Accident Injury Attorneys
- Phone: 641-792-3595
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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.
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 |
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.
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.