Tipton Motorcycle Accident Injury Attorneys

Motorcycle injury attorneys serve as steadfast defenders for riders when tragedy strikes. Specializing in motorcycle accidents, they adeptly manage legal challenges to ensure justice and compensation for injured riders.

How to File a Claim After a Motorcycle Accident in Iowa

Filing a claim after a motorcycle accident in Iowa involves establishing injury or property loss, adhering to the statute of limitations, and often hiring a lawyer. This article provides tips from our established motorcycle accident law firm on how to successfully file a claim.

Seek Medical Attention and Save Records

If you were injured in your motorcycle accident, the first thing you need to do is seek medical attention. Gather all the documentation relevant to your medical care. When you file your claim with the insurance company, you’ll need to provide proof of your injuries and expenses.

Review Your Policy

All motorcyclists and motorists are required to carry proof of financial responsibility in Iowa, typically in the form of car or motorcycle insurance. Review your policy as soon as possible after an accident. Default insurance coverage may not be enough. If you were at fault and only have basic coverage, your policy will only pay up to that amount. If you have other types of coverage, like medical payments coverage, you may be entitled to more money, regardless of who caused the accident.

File in Time

Notify your insurance company of your motorcycle accident immediately and file your claim as quickly as possible. Missing the stipulated time requirements may result in a denied claim. For personal injury lawsuits, you have two years under Iowa Code 614.1 to file.

How Helmet Use May Affect a Motorcycle Accident Claim in Iowa

Iowa is one of three states with no motorcycle helmet law. Despite this, motorcyclists not wearing a helmet who suffer a head injury in a motorcycle crash may be held partially liable for their injuries.

Accident Scenarios Where Helmet Use May Affect Liability

Helmet use is relevant in determining liability only if the injury is a head or brain injury. If you suffered a lower body injury, helmet use would be irrelevant. However, if you sustained a head injury that could have been prevented by wearing a helmet, you might be considered partially negligent. Conversely, wearing a helmet can show you exercised caution and care.

Comparative Fault Laws in Iowa

A negligent act fails to exercise proper care. While you are not legally required to wear a helmet, the defense may argue that a reasonable person would have worn one. If found partially negligent, the damages you can recover will be affected. Under Iowa’s comparative fault laws, your damages will be reduced in proportion to your degree of fault.

How to Prove the Negligence of the Other Driver

Negligence is crucial in a motorcycle accident claim. Collect evidence to prove the other party's negligence, including:

- Police reports
- Lab tests (for intoxication/impaired driving)
- Witness testimony
- Photo and video evidence
- Physical evidence

The other driver will also try to prove your negligence, so secure representation immediately after the accident.

Emotional Trauma After a Motorcycle Accident

Motorcyclists can suffer from emotional trauma in addition to physical injuries after an accident. Emotional distress can be factored into a liability claim or lawsuit against a negligent driver.

Post-traumatic Stress Disorder (PTSD)

PTSD may develop following a traumatic event like a motorcycle accident. Symptoms are grouped into three categories:

- Re-experiencing: Flashbacks, nightmares, and thoughts about the incident.
- Avoidance: Avoiding certain events or actions, emotional numbness, guilt, depression, difficulty remembering the event, and more.
- Hyperarousal: Easily startled, edginess, trouble sleeping, and intense anger episodes.

Head Injuries and Depression

Head injuries are a major concern for motorcyclists. Various studies have found that traumatic brain injuries (TBI) are frequently associated with major

depressive disorders. For example, one study published in the Archives of General Psychiatry found that one-third of participants developed major depressive disorder within the first year after sustaining a TBI. The stress related to recovery and other factors can contribute to post-TBI depression.

Emotional Trauma in Personal Injury Cases

Your motorcycle accident claim will account for medical expenses related to physical injuries like head injuries, spinal cord injuries, and more. It may also account for emotional trauma after the accident. Emotional trauma included in the monetary damages awarded after an Iowa motorcycle accident may cover:

- Mental health assessment
- Counseling
- Treatment
- Mental anguish

However, failure to wear a helmet might reduce your settlement if you suffered head injuries. The insurance company or defendant might argue that helmet use could have prevented or reduced the severity of the injury. Discuss with your attorney how helmet use may factor into your claim and whether it might impact emotional or noneconomic damages you can recover.

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.