Sumner Motorcycle Accident Injury Attorneys

In times of misfortune, motorcycle injury lawyers become resolute defenders for riders. Their expertise in motorcycle accidents enables them to manage legal intricacies and secure justice and compensation for the injured.

Why You Should Talk to a Motorcycle Accident Attorney in Sumner

When a motorcycle accident occurs, the last thing the victim and their family usually think about is taking legal action; instead, their thoughts are typically focused on the victim’s injuries and recovery. While a motorcycle accident can be overwhelming and emotional—and talking to a motorcycle accident attorney may not feel like a natural step to take—meeting with a lawyer is imperative.

Here’s why you or your family should talk to a motorcycle accident attorney in Sumner as soon as possible after a motorcycle accident.

Damages from Serious Injuries

Even when motorcyclists ride with proper safety gear, serious injuries such as the following are common:
- Head and brain injuries
- Broken bone injuries
- Burn injuries requiring skin grafts
- Soft tissue injuries

Even if the motorcyclist has health and motorcycle insurance, these damages can be expensive. Additionally, if the injuries have a prolonged estimated recovery time, the rider may be unable to return to work and earn an income and may need to pay for special therapy or healthcare. Having an attorney on your side can help you recover damages for all of these expenses.

Gathering the Right Evidence

Part of recovering damages will be proving the fault of the other party. To prove guilt, evidence will be incredibly important to your claim. Types of evidence that you may need to show fault include the following:
- Physical evidence from the accident scene/pictures of physical evidence
- Medical documents, doctors’ statements, and medical bills
- Eyewitness testimony
- Police reports
- Key facts about another driver (history of driving offenses)
- Possible proof of intoxication of another driver

Negotiating with Insurance Companies

Who pays for your damages—your insurance company or the other driver—will depend on a variety of circumstances, including who was at fault and the type of insurance that you have. Regardless, having an attorney on your side to handle negotiations can be a relief. Often, insurance companies will attempt to offer accident victims settlement amounts that are far too small to cover adequate damages. If the number is large, it can be tempting to accept, even when it’s lower than it should be. To avoid a situation like this, the advice and negotiating skills of an attorney are very helpful.

A Legal Resource

An attorney serves as a resource for any and all legal questions that you may have about the accident, fault, and the types of damages that you’re entitled to. If filing a personal injury lawsuit is in your best interest, an attorney can guide you through the process and the state’s statute of limitations (two years). Without first-hand knowledge of the insurance system, understanding what to do after an accident to ensure you get your full benefits amount isn’t always straightforward.

Motorcycle Head Injuries and Concussions from Accidents

Data collected by the Iowa Department of Transportation reports that there were 41 motorcycle fatalities in 2013, and 34 of them involved a motorcyclist who was not wearing a helmet. Wearing a helmet could save your life, but it's not mandatory in Iowa. Below is an overview of motorcycle head injuries that bikers might sustain in motorcycle accidents. Speak with an attorney if you suffered serious injuries in an accident in Iowa because you may be entitled to compensation for the damages you experienced.

Types of Head Injuries in Motorcycle Accidents

Motorcyclists could suffer a variety of head injuries. They might endure a relatively simple concussion that improves after a few days or end up in a coma with a traumatic brain injury. Many head injuries from a motorcycle accident are traumatic brain injuries in which the brain violently moves within the skull. Others are penetrating injuries, in which an object is embedded into the brain tissue.

Intracranial hemorrhaging may occur when blood from the trauma pools in the brain and puts pressure on brain tissue, restricting blood flow. All of these conditions can be fatal if proper treatment is not administered immediately. Motorcycle accident victims require immediate care, and those who suffer serious injuries require long-term care and rehabilitation, creating extensive medical bills that victims may pursue in an injury claim against an at-fault driver.

Long-Term Consequences of Motorcycle Head Injuries

Like any type of severe head trauma, the consequences of a motorcycle accident head injury can be long-term and life-altering. Victims of a brain injury may experience:
- Communication problems
- Cognitive limitations
- Trouble with mobility and balance
- Fine motor skill limitations
- Hearing and vision problems
- Lost feeling in parts of the body
- Emotional and mental health problems, like depression and anxiety

The effects vary greatly depending on several factors. The type of head injury and severity of damage can determine the short- and long-term effects.

Helmets, Head Injury, and Motorcycle Accident Claims

Iowa does not require motorcyclists to wear a helmet. However, even if it is within a motorcyclist's rights not to wear a helmet, not wearing one might indicate contributory negligence for head injuries. If the biker suffered a leg injury, helmet use would not affect the injury and the resultant accident claim. But in the case of a head injury, a defendant may argue that the motorcyclist's decision not to wear a helmet contributed to the injury severity.

If a motorcyclist is found contributory negligent, they would recover damages minus their degree of negligence. If the claimant's fault is more than 50 percent, they cannot recover damages at all.

Proving the other party's liability is crucial. An attorney can collect and present evidence of the other driver's responsibility for the accident and address any allegations that helmet use worsened the injury and damages.

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. It will either be under the motorcyclist’s insurance policy or against another party, such as the driver of a passenger vehicle. This largely depends 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, their 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
- $15,000 for property damage

Many motorcyclists and motorists choose to carry higher insurance coverage. Some motorists carry medical payments coverage, which pays for medical care costs regardless of fault. Passengers may 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 enough. For example, if a driver runs a red light and crashes into the motorcycle, injuring both the passenger and the motorcyclist, the driver’s minimum bodily injury liability coverage of $40,000 may not cover everyone’s damages.

When insurance isn’t enough, 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 passenger car or other vehicle. While some minor insurance claims may be handled without an attorney, filing a lawsuit typically requires legal representation.

Damages Recoverable by a Passenger in a Motorcycle Accident

A motorcycle accident victim may suffer severe injuries. The medical and hospital costs associated with the injuries could be recovered in the claim or lawsuit. If the passenger is out of work for a few days, weeks, or longer, the lost earnings could also be addressed.

Damages besides hospital stay and lost wages may include:
- Pain and suffering
- Disability
- Emotional distress

Talking with an attorney can help injured passengers understand all the forms of compensation that may be available.

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.