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- Adel Motorcycle Accident Injury Attorneys
- Phone: 641-792-3595
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Can a Motorcycle Passenger File an Injury Claim in Iowa?
Motorcycle accident victims who were riding as passengers on a friend's bike absolutely can file an injury claim against the at-fault party. Whether the claim is filed under the motorcyclist's own insurance policy or directly against another party, such as the driver of a passenger vehicle, depends largely on who was at fault for the motorcycle accident and what types of coverage are available.
When the driver of the motorcycle is responsible for the crash, that motorcyclist's coverage may pay for damages suffered by an injured passenger. When another party, such as a car driver who failed to yield, is responsible for the accident, the passenger may file a claim directly against that party's insurance company. Bodily injury liability coverage would apply in those cases, up to the limits of the policy.
Iowa's Minimum Motorcycle Insurance Requirements
Iowa law requires motorcyclists to carry a minimum level of insurance coverage. That minimum is commonly referred to as 20/40/15 and breaks down as follows: $20,000 in bodily injury liability for one person, $40,000 in bodily injury liability for all injuries in a single accident, and $15,000 for property damage. Many motorcyclists and other motorists choose to carry coverage beyond these minimums. Some also carry medical payments coverage, which pays for medical care costs regardless of who was at fault. As a passenger, you may even be able to use your own insurance coverage to initially address medical costs while pursuing compensation from the at-fault party.
What Happens When Insurance Coverage Is Not Enough?
Minimum insurance coverage does not always come close to covering the full scope of damages in a serious motorcycle accident. Consider a situation where a driver runs a red light and crashes into a motorcycle, injuring both the passenger and the rider. If the at-fault driver only carries the minimum bodily injury liability of $40,000 for all injuries in one accident, that amount may fall far short of what is needed to cover everyone's damages.
When insurance coverage runs out, filing a lawsuit against the at-fault party becomes a real option, whether that party is the motorcyclist or the driver of the other vehicle involved. While some minor insurance claims can be navigated without an attorney, filing a lawsuit typically requires legal representation to be done properly and effectively.
Damages a Motorcycle Passenger May Recover
Passengers injured in motorcycle crashes can suffer severe injuries, and a range of compensation may be available to address those losses. Medical and hospital costs associated with the injuries are recoverable in the claim or lawsuit. If the passenger is unable to work for any period of time as a result of the injuries, lost earnings can also be addressed. Beyond those economic losses, additional damages may include compensation for pain and suffering, disability, and emotional distress. Consulting with an attorney is the most reliable way to fully understand all of the forms of compensation that may be available to an injured passenger.
How Iowa's Helmet Laws Can Affect Your Motorcycle Accident Claim
Iowa is one of only three states in the nation that has no motorcycle helmet law. Riders and passengers in Iowa are legally permitted to ride without helmets. However, the absence of a legal requirement does not mean that the choice to ride without a helmet is without consequences in a personal injury claim.
Those who were not wearing a helmet at the time of a crash and who suffer a head or brain injury may be held partially liable for their own wounds. It is widely accepted that wearing a helmet can prevent traumatic brain and head injuries in the event of a motorcycle crash. Choosing not to wear one, even when legally permissible, may be treated as a form of negligence under Iowa law.
When Helmet Use Is and Is Not Relevant to a Claim
The absence of a helmet will not affect every motorcycle accident claim. Helmet use is only a relevant factor when the injury suffered is specifically a head or brain injury. If you were in a motorcycle crash and sustained an injury to your lower body, the fact that you were not wearing a helmet is irrelevant because you would have suffered that injury regardless of whether a helmet was worn.
On the other hand, if you suffered a head or brain injury that could reasonably have been prevented had you been wearing a helmet, you may be found partially negligent for the severity of that injury. Conversely, if you were wearing a helmet at the time of the crash, that fact can actually support your claim by demonstrating that you were exercising reasonable caution and care while riding, even without a legal requirement to do so.
Iowa's Comparative Fault Law and What It Means for Your Recovery
A negligent act under Iowa law does not need to be something illegal. It is simply a failure to exercise the proper degree of care under the circumstances. While Iowa has no helmet law, a defense attorney may argue that a reasonable person riding a motorcycle would have worn a helmet, and that failing to do so represents a failure to exercise proper care.
If a rider is found to be partially negligent for their own injuries based on the absence of a helmet, Iowa's comparative fault laws come into play. Under those laws, the damages a victim can recover are diminished in proportion to the degree of fault attributed to them. This makes it critically important to work with an attorney who can gather evidence proving the other party's negligence and, where applicable, demonstrate that the injuries would have occurred regardless of helmet use, or that the injuries were not preventable by wearing one.
Types of Evidence Used to Prove the Other Driver's Negligence
Proving that another party caused the accident is the most important component of any motorcycle accident claim. The other driver will likely be working to shift some or all of the blame onto the motorcyclist, making the collection of strong evidence a priority from the very start. Evidence that can be used to prove the other driver's negligence in a motorcycle accident includes police reports, laboratory tests if the other driver was impaired at the time of the crash, witness testimony, photographs of the accident scene and vehicles, video evidence, and physical evidence recovered from the scene.
It is essential to go to the hospital immediately after even a minor motorcycle accident and to secure legal representation as soon as possible afterward. Delays in seeking medical attention can be used to challenge the severity of your injuries, and delays in retaining an attorney can result in critical evidence being lost.
What Does an Adel Motorcycle Accident Attorney Actually Do for Your Case?
Many motorcycle accident victims in Adel wonder whether they really need an attorney or whether they can handle their claim on their own. The honest answer is that it depends on the nature and severity of the injuries involved. However, it is always a good idea to at least consult with an experienced Iowa injury attorney and gather information that can help you avoid common, costly mistakes before making that decision.
When you do choose to work with an attorney, the scope of what they handle on your behalf is extensive. Every case is different, but the following represents the kinds of tasks an experienced Iowa motorcycle accident attorney will take on for clients, all at no upfront cost since attorneys in these cases are paid only if they are successful in recovering compensation.
Investigation, Evidence Gathering, and Case Building
An attorney will gather documentary evidence including police accident reports, medical records, and bills related to your injuries. If necessary, an investigator may be hired to interview and locate witnesses. Photographs of the vehicles and the accident scene will be collected and preserved. The attorney will also review and analyze the legal issues specific to your case, including comparative fault and assumption of the risk, both of which frequently arise in Iowa motorcycle accident claims.
The attorney will speak directly with your treating physicians and obtain written reports from them to support your case and fully document the nature and extent of your condition. Your insurance policy will also be analyzed to identify any coverages that may pay all or a portion of your medical bills while the claim is pending, so that you are not left without access to care during the process.
Dealing With Insurance Companies and Liens
One of the most important services an attorney provides is putting the responsible insurance company on formal notice of your claim and handling all communications with that insurer on your behalf. Insurance companies use a range of tactics to minimize what they pay, and having legal representation levels the playing field significantly.
Your attorney will also review and analyze the validity of any liens asserted against your recovery. Doctors, insurance companies, welfare benefit plans, and employers may all claim that they are entitled to a portion of any compensation you receive. Ensuring that these liens are valid and properly handled protects your net recovery.
Settlement Negotiations, Mediation, and Trial Preparation
When the time comes to pursue a resolution, your attorney will prepare a demand package to send to the defendant in an effort to negotiate a fair settlement. They will prepare for any mediation or settlement conference that takes place before trial. If the case proceeds to litigation, the attorney will prepare you, witnesses, and healthcare providers for depositions, take the depositions of the defendant and other relevant witnesses, prepare written questions and answers, file motions and briefs with the court, and organize medical and demonstrative exhibits for trial.
After any verdict, the attorney will review and analyze the outcome to determine whether there are grounds for either side to appeal and make recommendations to you on that question. Throughout the entire process, the attorney handles the legal complexity so that you can focus on recovering.
- Passengers injured on a friend's motorcycle can file a claim against the at-fault party
- Iowa requires motorcyclists to carry a minimum of 20/40/15 in insurance coverage
- When minimum coverage is insufficient, a lawsuit against the at-fault party is an option
- Iowa has no motorcycle helmet law, but riding without a helmet can affect a head injury claim under comparative fault rules
- Helmet use is only a relevant factor in claims involving head or brain injuries, not lower-body injuries
- Seek medical attention immediately after any motorcycle accident, even a seemingly minor one
- An attorney handles all case tasks at no upfront cost and is only paid if successful
Consulting a Adel 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.