- Story City Motorcycle Accident Injury Attorneys
- Phone: 641-792-3595
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In the event of a tragedy, motorcycle injury attorneys become unwavering champions for riders. Their expertise in motorcycle accidents allows them to handle legal complexities and secure the justice and compensation injured riders deserve.
Filing a Claim for Motorcycle Accident Injuries in Iowa
Motorcycle accidents can be devastating, leaving victims and their families grappling with severe injuries and financial burdens. Motorcyclists have significantly less protection compared to other drivers, making them susceptible to catastrophic injuries such as head trauma, spinal cord injuries, road rash, and fractures. Understanding how to file a claim and prove fault is crucial for recovering damages in Iowa.
Establishing Negligence
To recover damages in a motorcycle accident claim in Iowa, it's necessary to prove that the other driver was at fault. This involves demonstrating that the other driver breached their duty to drive safely, leading to the accident. For instance, a driver may fail to account for motorcyclists when changing lanes or turning left, potentially causing serious collisions. Key evidence to establish negligence includes:
- Police reports: Indicating the cause and circumstances of the collision.
- Photos and videos: Capturing the accident scene and injuries.
- Eyewitness statements: Providing additional context and details.
- Damage assessments: Detailing the extent of vehicle damage.
Helmet Laws and Comparative Negligence
Iowa does not mandate helmet use for motorcyclists. However, not wearing a helmet can impact an injury claim, especially in cases involving head injuries. Iowa's modified comparative negligence system allows claimants to recover damages even if partially at fault, provided they are no more than 50 percent responsible for the accident. For example, if a rider without a helmet suffers a head injury and is found 10 percent at fault, their $50,000 award would be reduced to $45,000.
Types of Recoverable Damages
Victims of motorcycle accidents can seek both economic and noneconomic damages:
- Economic damages: Covering current and future medical expenses and loss of income.
- Noneconomic damages: Including pain and suffering, mental anguish, and reduced quality of life.
Steps to Protect Yourself and Your Claim
After a motorcycle accident, follow these steps to safeguard your health and legal rights:
1. Seek Immediate Medical Treatment: Document all injuries and follow up with medical appointments.
2. Avoid Settling Quickly: Insurance companies may offer low settlements. Consult with an attorney before accepting any offers.
3. Do Not Give Recorded Statements: Insurance adjusters can use your statements against you.
4. Document Everything: Keep records of medical bills, lost wages, and communications related to the accident.
5. Be Honest About Injuries: Exaggerating injuries can damage your case.
6. Consult an Experienced Attorney: An attorney can navigate the complexities of your case and protect your rights.
Dealing with Aggressive Drivers
Motorcyclists often encounter aggressive drivers, which can lead to dangerous situations. Here are strategies to manage aggressive driving behavior:
- Do Not Respond to Road Rage: Stay calm and avoid engaging with aggressive drivers.
- Move Over if Tailgated: Change lanes safely to let the aggressive driver pass.
- Report Dangerous Drivers: Contact local authorities to report aggressive driving behavior.
Rising Motorcycle Crashes
In recent years, motorcycle accidents have increased, with August being particularly dangerous. While motorcycles account for less than 1% of all vehicle miles in Iowa, they represent a significant percentage of fatalities and severe injuries. Increased motorcycle usage and inadequate protection contribute to this trend.
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.