Cascade Motorcycle Accident Injury Attorneys

Common Defenses Against Motorcycle Accident Claims

If you have been in a motorcycle accident near Cascade and are pursuing a claim for damages, the insurance company or the other driver is bound to raise arguments against your claim. Knowing these common defenses ahead of time, and working with an attorney, can help make sure your case stays solid.

Violation of Motorcycle Regulations

One of the most common defenses is the argument that the motorcyclist violated motorcycle specific laws at the time of the crash. Riders must follow rules such as not carrying a package that restricts the use of both hands, under Iowa Code 321.275(6), or not riding more than two abreast in a lane, under Iowa Code 321.275(4). If the other side can prove that a violation occurred and that it caused the accident, your claim could be placed in jeopardy.

Speeding or Other Traffic Violations

Another common argument is that the rider was speeding, or committed some other traffic violation such as an illegal lane change, and that this caused the accident. If the defense proves this, a Cascade rider may be found partially or totally at fault. Under Iowa's comparative fault rules, damages recovered are reduced in proportion to the rider's percentage of fault, and if that percentage is found to be more than fifty percent, the rider may be barred from recovering damages altogether.

Not Wearing a Helmet

Iowa does not require motorcyclists to wear a helmet, but not wearing one can still become an issue in a claim if the rider suffered head or neck injuries. The insurance company or other driver may argue that the lack of a helmet led to more severe injuries than the rider would have otherwise suffered, which could increase the rider's assigned comparative negligence and reduce the damages recovered. An experienced attorney can help establish that helmet use, or the lack of it, did not actually affect the severity of the injury.

Knee Ligament Injuries From a Motorcycle Accident

Knee ligament injuries are common in motorcycle accidents near Cascade and can be painful, restrictive, and often require surgery along with an extended recovery. Riders who suffer a serious knee injury may need to seek compensation from the responsible party to help cover the cost of surgery and the wages lost from missed work.

Understanding Knee Ligament Injuries

Ligaments connect bone to bone and are designed to support the knee while limiting the joint's range of motion. When these ligaments are damaged, the knee can become unstable. The knee has four major supporting ligaments connecting the tibia to the femur:

• Anterior cruciate ligament (ACL), which controls the knee's rotation and forward range of motion
• Lateral collateral ligament (LCL), which stabilizes the outer knee
• Medial collateral ligament (MCL), which stabilizes the inner knee
• Posterior cruciate ligament (PCL), which moderates the tibia's backward range of motion

Ligaments can be stretched or completely torn in a motorcycle accident, and the severity of the damage determines what treatment will be necessary. In more complicated cases, or when a rider cannot manage normal daily activities, surgical intervention may become necessary, often followed by lengthy physical therapy.

Types of Knee Ligament Surgery

While the most serious knee injuries may require a total knee replacement, torn ligaments more often call for surgical repair or reconstruction. This can involve using healthy tendons from elsewhere in the body, such as the kneecap or hamstring, which a surgeon grafts in place of the damaged ligament to stabilize the knee. This procedure is often performed at an outpatient surgical center under general anesthesia, with follow up visits and therapy required for a full recovery.

Knee injuries can be costly. The time required for proper healing can lead to several weeks of missed work, and expenses may include diagnostic tests, pain medication, surgery, and physical therapy, sometimes creating an unmanageable financial burden. If a Cascade rider sustained a knee injury in a motorcycle accident, compensation from the liable party may help restore financial stability and ease the stress that comes with a serious injury.

Understanding Motorcycle Insurance Coverage

Iowa motorcyclists who do not carry motorcycle insurance risk losing their license if pulled over, under the Iowa Financial and Safety Responsibility Act. A rider who is at fault for an accident can also be held responsible for the full cost of repairs and medical bills. Because of this, it is worth exploring what a motorcycle insurance policy actually offers beyond basic bodily injury and property damage liability coverage.

Uninsured and Underinsured Motorist Coverage

Not every driver on the road carries insurance, and even when they do, their coverage may not be enough to pay for a Cascade rider's injuries. Uninsured and underinsured motorist coverage helps ensure that damages are still paid when an accident is caused by another driver who is uninsured or underinsured.

Comprehensive and Collision Coverage

Comprehensive coverage pays for damage to a motorcycle from causes other than a motor vehicle accident, such as flood, fire, or vandalism. Collision coverage, by contrast, helps cover repair costs when an accident involves colliding with an object rather than another motor vehicle.

Medical Expense Coverage

Medical expense coverage is one of the most valuable options available to riders, since it pays for the medical expenses of both the rider and any passengers after an accident, regardless of who caused it.

Roadside Assistance and Trip Interruption Coverage

Roadside assistance coverage provides free towing if a rider experiences an accident, runs out of gas, or has a breakdown while on a ride. Excursion diversion insurance, sometimes called interrupted trip insurance, pairs well with roadside assistance and provides lodging, food, and transportation if an accident occurs more than 100 miles from home. Following a pre-ride safety checklist can also help reduce how often roadside assistance is needed in the first place.

When Insurance Coverage Is Not Enough

Despite the many insurance options available to Cascade motorcyclists, sometimes the damages from an accident are severe enough that insurance coverage alone falls short. When that happens, filing a personal injury lawsuit may be necessary to recover the full cost of the damages incurred. In Iowa, this type of claim generally must be filed within two years under Iowa Code 614.1.