Spirit Lake Motorcycle Accident Injury Attorneys

In the wake of a tragedy, motorcycle injury attorneys become committed advocates for riders. Specializing in motorcycle accidents, they adeptly manage legal complexities to ensure justice and compensation for injured riders.

Filing a Motorcycle Accident Claim as a Passenger

Motorcycle accident victims who were passengers on a friend’s bike 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 for the motorcycle accident and the type of coverage available.

Minimum Motorcycle Insurance in Iowa

When the driver of the motorcycle is at fault, his or her coverage might pay for damages to an injured passenger. If another party is responsible for the accident, the passenger may file a claim against that party’s insurance company. Bodily injury liability would cover injuries up to the limits of the policy. In Iowa, motorcyclists are required to carry a minimum of 20/40/15:
- $20,000 in bodily injury liability for one person;
- $40,000 bodily injury liability for all injuries in one accident; and
- $15,000 for property damage.

Many motorcyclists and motorists choose to carry higher insurance coverage. Some motorists carry medical payments coverage, which pays for costs of medical care regardless of fault. Passengers may even use their own coverage to initially cover their costs before recovering compensation from the at-fault party.

When Insurance Coverage Isn’t Enough

The at-fault party’s insurance coverage may not be sufficient. For example, if a driver runs a red light and crashes into the motorcycle, both the passenger and the motorcyclist could be injured. If the driver only has the minimum coverage, the bodily injury liability coverage of $40,000 may not cover all the damages. In such cases, there is always the possibility of filing a lawsuit against the person who was at fault for the accident, whether the motorcyclist or the driver of the other vehicle. Filing a lawsuit typically requires legal representation.

Damages Recoverable by a Passenger in a Motorcycle Accident

A motorcycle accident victim may suffer severe injuries, and the associated medical and hospital costs could be recovered in a claim or lawsuit. If the passenger is out of work for any period, lost earnings can also be addressed. Other potential damages include pain and suffering, disability, and emotional distress. An attorney can help injured passengers understand all forms of compensation that may be available.

Road Rash as a Result of Motorcycle Accident

Motorcycles are associated with freedom and exhilaration but also an increased likelihood of serious injury and death in collisions. A common injury from motorcycle accidents is road rash, resulting from skin being scraped across the road surface. Road rash injuries are categorized by degree of severity:

- First-degree: Minor, involving skin redness. Home treatment, including cleaning and antibiotic ointment, usually suffices.
- Second-degree: More serious, with skin breakage. It involves more discomfort but can typically be treated at home.
- Third-degree: A severe injury affecting all skin layers, exposing tissue, and potentially damaging muscles and other structures. Medical intervention, such as skin grafting, is often required.

Seeking Compensation for Motorcycle Road Rash

If you were involved in a motorcycle accident with another vehicle and the other party is at fault, you may be entitled to compensation for your damages. This includes medical expenses, property damage, lost wages, and pain and suffering. Proving fault and documenting all losses are crucial for a successful claim. Be sure to keep meticulous records of all medical treatments, bills, and lost work time. Provide your attorney with police reports, witness statements, and any photos or notes about the accident.

Iowa’s Motorcycle Death Rate

In Iowa, motorcycles make up only 0.3% of all registered vehicles but account for 16.7% of the fatalities on Iowa roadways. This discrepancy makes motorcycle riders 55 times more likely to be killed in a motor vehicle crash compared to other drivers. As of May 2, 2024, there have already been 11 motorcycle accident fatalities in Iowa.

Does Wearing a Helmet Help?

Iowa is one of three states that does not require motorcycle riders to wear a helmet. During a brief period when Iowa had a helmet law, motorcycle deaths dropped by 40%. Despite arguments about helmets limiting visibility and hearing, the choice to wear a helmet in Iowa remains with the rider.

Training and Visibility

Training is crucial to reducing the risk of motorcycle accidents. Rider errors, such as driving too fast, improperly navigating corners, or driving under the influence, are common causes of accidents. Basic training courses teach about motorcycle handling, while advanced courses focus on situational awareness and evasive strategies. Increasing visibility with bright vests, always-on headlights, or flags can also help reduce risks.

Steps After a Motorcycle Crash

If involved in a motorcycle crash, investigate the cause and seek legal advice. Health insurance should cover medical bills, and it’s crucial to keep detailed records of all medical treatments and expenses. Consult with an experienced Iowa injury attorney to protect your rights and ensure proper handling of insurance claims and legal actions.

Tips for Dealing with Insurance Adjusters

- Recorded Statements: Avoid providing recorded statements to insurance adjusters as they can be used against you. Instead, consider providing a non-recorded statement prepared with your attorney’s guidance.
- Settlements: Do not rush to settle your case. Consult with an attorney to understand the full extent of your rights and potential compensation.
- Legal Consultation: Insurance adjusters aim to settle claims for as little as possible. Having a qualified injury attorney ensures you are not taken advantage of and receive fair compensation.

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.