Toledo Motorcycle Accident Injury Attorneys

Motorcycle injury attorneys serve as dedicated defenders for riders when tragedy strikes. Their expertise in motorcycle accidents allows them to manage legal challenges and secure justice and compensation for injured riders.

Filing a Claim for Motorcycle Accident Injuries in Iowa

A motorcycle accident can leave victims and their families 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. To recover damages in an injury claim after a motorcycle accident in Iowa, you need to prove that the other driver was at fault. In the most basic terms, this means the other driver committed an act that breached the driver’s duty to drive in a safe, reasonable manner to prevent injury to others. The negligence must have led to the motorcycle accident.

How Do I Establish 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 (like improper turn or speeding citations, for example) 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 accident. As you prepare for your case, make sure you or your loved one keeps all medical appointments, contacts the insurance company, and keeps all documents and communications pertaining to the accident.

How Do Negligence and Helmet Laws in Iowa Affect My Case?

Iowa does not have a helmet law, so motorcyclists who did not wear a helmet are not in violation of any laws. However, failure to wear a helmet still may affect an injury claim in some cases. This is particularly true if the rider injured his or her head in the accident. Iowa follows a modified comparative negligence system in which claimants or plaintiffs can recover damages, even if they are partially at fault, provided they are no more than 50 percent at fault for an accident. But damage awards are reduced by the individual’s percentage of fault. So if a rider wasn’t wearing a helmet and suffered a head injury when another driver merged into his lane, the rider may be assigned a percentage of fault for the injury based on the decision not to wear a helmet. If 10 percent responsible, for example, and the rider suffered $50,000 in damages, the award is reduced to $45,000. However, this depends on the circumstances of the case and if the injury would have occurred regardless of helmet use. Of course, helmet use won’t be a factor for a rider who suffers road rash on his leg because the helmet would not have protected the leg from the injury. Talk to your attorney about the details of the case to get a better understanding of how this can affect your case.

What Types of Damages Might I Recover in a Motorcycle Accident 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 brain or spinal cord injury or additional surgeries – so it’s important to account for this when calculating losses. Noneconomic damages are also recoverable. This may include pain and suffering, mental anguish, reduced quality of life, and others.

Can I File a Motorcycle Accident Claim if I Did Not Have a Valid Motorcycle License?

If you were involved in a motorcycle accident in Iowa and did not have a valid motorcycle license at the time, you may still file a motorcycle accident claim against the other driver. Not having a valid motorcycle license doesn’t necessarily have anything to do with fault in an accident and does not preclude you from filing a claim if the other driver caused the wreck. While you might face penalties for operating a motorcycle without a license, filing a motorcycle accident claim should follow the same procedure as filing any other accident liability claim.

How Do I Establish That I’m Not at Fault?

Thankfully, Iowa is a modified comparative fault state. According to Iowa’s modified comparative fault law, each driver involved in an accident may recover damages unless he or she is more than 51 percent responsible for the accident. So even if you were unlicensed, if your motorcycle accident claim establishes the other driver was mostly responsible for the accident, you can recover damages. Documentation of your motorcycle accident can help you prove fault. At the scene of the accident, you may have taken photographs, collected witness testimony, jotted down witness contact information, made note of the other driver’s contact information, and gotten the name of the driver’s insurance company. All of these items will come in handy when you file a claim against the other driver.

What Should I Do After the Accident?

The first thing you must do when you are involved in a motorcycle accident is fill out an Iowa Accident Report if the accident resulted in death, personal injury, or total property damages of at least $1,500. If law enforcement investigated the accident, the report is not required. If you’re filling out the report, return it via mail to the Iowa Department of Transportation in Des Moines. Be sure to return the report within 72 hours. Once you have filled out an Iowa Accident Report and mailed the report to the Iowa Department of Transportation, you should file an accident claim. To file the claim, contact the other driver’s insurance company and report the accident. You may then present the evidence mentioned above to establish that the other driver is to blame for the accident.

Will the Insurance Company Blame Me for the Accident if I’m Unlicensed?

However, like filing any type of claim, filing a motorcycle accident claim can be a tedious task whether or not you had a valid license at the time of the accident. The insurer may try to argue that you were at fault for the accident and may attempt to convince you that not having a valid motorcycle license is indicative of your fault. Thus, you must present convincing evidence that you are less than 51 percent at fault and that the other driver is actually to blame. 

Why is Iowa’s Motorcycle Death Rate 10 Times Higher than the National Average?

In Iowa, motorcycles make up only 0.3% of all registered vehicles which is about 1 out of 333 vehicles. However, motorcycle deaths in Iowa make up 16.7% of the fatalities on Iowa roadways. In 2023, there were a total of 378 people killed in motor vehicle fatalities in Iowa of which 63 people were killed in motorcycle crashes. This means despite the small number of motorcycles on the roads, motorcycle riders are 55 times more likely than other drivers to be killed in a motor vehicle crash. As of May 2, 2024, there have already been 11 people killed in motorcycle accidents in Iowa in 2024.

Does Wearing a Helmet Help?

We are not suggesting that Iowa needs a helmet law but want you to know all the facts when deciding whether to wear a helmet or not. Iowa is one of only three states in the country that does not require motorcycle riders to wear a helmet and this includes children. Iowa did have a helmet law from September of 1975 to July of 1976 and during that period motorcycle deaths dropped 40%. Other motorcycle safety proponents point to the fact that you have limited visibility and hearing when wearing a helmet and being more alert of your surroundings can prevent a motorcycle accident from happening. In Iowa, the choice is yours as to whether you want to wear a helmet or not.

What Else Can Myself and My Family Do to Prevent from Becoming a Statistic?

Training is a very important part of reducing your risk. Of course, no amount of training can eliminate your risk, but training can make a big difference. For example, rider error is the most common cause of single motorcycle accidents. These preventable driver errors include driving too fast for the road conditions, not properly going around a corner, speeding, driving under the influence of alcohol or drugs, etc. There are basic training courses that teach you about your motorcycle, starting, riding in a straight line, shifting, and stopping. There are also more advanced courses that teach you situational awareness, risk evaluation, and evasive strategies to help prevent a motorcycle accident whether you or someone else is at fault. Motorcycles can be hard to see and the rise of distracted drivers only makes things worse for riders. Some riders wear a brightly colored safety vest, others always have their headlights on and even some have a flag on the back of their motorcycle to increase visibility. These are some things that you should consider to reduce your risk of injury or death while riding a motorcycle in Iowa.

What Should You Do if You or a Loved One Are in a Motorcycle Crash?

If it is a single motorcycle crash, then you should investigate what caused the crash. Was there a defective part on the motorcycle, did a tire blow out, was there an animal or debris on the roadway that caused the crash? If there was another driver that caused the motorcycle crash, then it is important that you seek good advice about how to deal with insurance companies, doctors, your property damage, etc. For example, many riders injured by someone else think it is a good idea to tell their doctors to bill the other driver’s insurance company. This is not a good idea for many reasons including that the other driver’s insurance company will not pay the medical bills as they are incurred which could leave you with unpaid medical bills, calls from collections agencies or even eventually you being stuck with the medical bills. Iowa law only requires drivers to have $20,000 in insurance coverage for personal injuries. An emergency room visit and

 an overnight hospital stay alone will likely cost more than this. Therefore, if you have health insurance then the best thing is to use it to pay for your medical care and treatment. If you do not have health insurance then you should try to get some as soon as possible. While it will not pay for your past medical bills, it should pay for any future medical care and treatment that you need. Also, if you were treated at a hospital, you can ask that they write off your bill as not-for-profit hospitals are required to write off a certain amount of medical bills to not pay taxes. Another small source of money (usually $1,000 to $5,000) to pay for medical bills is what is called medical payments coverage on your motorcycle. However, unfortunately, many motorcycle insurance policies do not include medical payment coverage as the rider may waive the coverage.

Seek Medical Care Immediately and Tell Your Medical Providers About Everything That Hurts

If you are injured and fail to get medical treatment you are making a huge mistake. Maybe you think things will be better in a few days with some ice and over-the-counter pain medications. However, if you do not see a doctor and document your problems it is likely that the insurance company will offer you little, if anything, for your “injuries”. Also, delaying going to the doctor can hurt your case. The insurance company will insist that if you were really hurt, you would have sought medical care and treatment immediately.

Keep Important Documents

It is important that you keep copies of the medical records given to you including work excuses. Also, you should request a copy of any accident or police reports that are available. Finally, you should have a notebook or journal so you can write down how you are feeling and how your injuries are affecting your everyday life.

Be Honest About Your Injuries

This means when you go see your doctors and other medical providers tell them everything that hurts at your appointments. If you must write things down and bring them with you to your appointment to remember everything, that is fine. Also, do not make it sound like you are better or worse than you are. Your medical providers need to know exactly how you are feeling to document your injuries and provide you with the best medical care possible.

Tips for Dealing with the Insurance Adjuster

Recorded Statements

One of the first things that most insurance adjusters will ask you is that they need a recorded statement to evaluate your case. This is rarely true if there is an accident and/or police report. The real reason that the insurance adjuster wants your recorded statement is to try to get you to say things that could hurt your case later. For example, the adjuster may ask you “Have you ever had any back problems before?”. If you say “no”, but you saw a chiropractor 10 years ago then you have just created an issue with your credibility. The better way to answer a question like that is if you remember having back problems you say “yes”, but if you do not remember, but it is possible then you would answer “not that I remember”. An even better thing to do is not agree to provide a recorded statement. Sometimes when the insurance adjuster insists that they need a statement we will prepare our clients and have them provide a non-recorded statement so it cannot be used against them later on.

Settlements

Do not rush to settle your case. The insurance company may say they will pay you a few thousand dollars if you just sign a release form. If you agree to this and sign the release form then you are most likely stuck with a small settlement even if your injuries do not heal. If your injuries are serious like broken bones, surgery, etc. then you should not even consider settling your claim early because you could make a costly mistake like settling for a smaller amount than your case is worth, settling for the other driver’s policy limits when they have collectible assets or settling without the permission of your own underinsured motorist insurance company which could cause your claim to be denied.

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.