Cedar Falls Motorcycle Accident Injury Attorneys

Motorcycle accidents in Cedar Falls can produce catastrophic injuries in an instant. When another driver's negligence leaves a rider with broken bones, months of medical treatment, and a stack of lost wages, the path to fair compensation is rarely straightforward. Insurance companies are working against you from the moment a claim is filed, and the decisions you make during medical treatment in the days and weeks following the crash can either build or badly damage your case. This guide covers everything Cedar Falls motorcyclists need to know about the injuries common to these crashes, the medical documentation mistakes that cost injury victims thousands of dollars, and the insurance company tactics designed to pay you as little as possible.

Broken Bones Are Among the Most Common Motorcycle Crash Injuries in Iowa

Motorcyclists have very little protection in the event of an accident. Whatever protective gear a rider wears, such as a helmet, is generally the only barrier between their body and the road, other vehicles, and fixed objects. According to the Iowa Department of Transportation, there were over 1,000 motorcycle injury crashes in Iowa in 2012 alone. Among the most frequent serious injuries riders sustain are broken bones, which can range from a painful but manageable fracture to a life-altering break of the spine or pelvis.

Broken bones from a motorcycle accident can typically be treated with proper medical care, but in some cases they lead to long-term complications and lasting impairment. The severity and type of break will determine recovery time, whether surgery is required, and whether the injured rider faces any permanent limitations. If another party caused the crash, Iowa law allows the injured motorcyclist to pursue compensation for the full scope of those damages.

Recognizing the Signs and Symptoms of a Broken Bone

The most distinct sign of a broken bone is intense pain at the affected area. However, riders should also watch for swelling, bruising, bleeding, and limited mobility at the injury site. Numbness and tingling are also common, as are broken skin with a protruding bone and a visibly misshapen or displaced limb or joint. Any combination of these symptoms following a motorcycle accident should prompt immediate medical evaluation, not just for your health but for the protection of your legal claim.

Which Bones Are Most Commonly Broken in Motorcycle Accidents

There is no limit to the number or types of bones that may be broken in a motorcycle accident. The specific injuries depend on the severity of the crash, the angle of impact, the speed the rider was traveling, and which part of the body absorbed the force. Riders frequently suffer rib fractures when their torso strikes the ground, another vehicle, or an object. Collarbone, arm, and leg fractures are also common, as are breaks to the spine and pelvis. Spinal fractures are among the most serious because any disturbance to the spinal cord can result in severe and permanent injury, including paralysis.

Even fractures that initially appear manageable can cause future complications. Post-traumatic arthritis, for example, can develop years later at the site of a healed break and cause chronic pain and reduced mobility throughout a rider's life. This long-term risk is one reason it is so important to document all injuries thoroughly and pursue the full range of recoverable damages from the very beginning of a motorcycle injury claim in Iowa.

Damages Available After a Broken Bone Motorcycle Accident

When a Cedar Falls motorcycle accident is caused by the negligent or irresponsible actions of another driver, that driver may be held liable for the full range of damages the rider suffers. Those damages include current and future medical expenses, lost wages resulting from the injury and recovery period, and compensation for pain and suffering. Iowa law requires that a motorcycle injury case be filed within two years of the date of injury. That deadline makes it important to begin speaking with an experienced Cedar Falls motorcycle attorney as soon as possible following the crash.

Ten Medical Documentation Mistakes That Can Seriously Damage Your Motorcycle Injury Case

Many Cedar Falls motorcycle accident victims do not realize how much their interactions with medical providers affect the value of their injury claim. Common mistakes in managing medical treatment can have a direct and damaging impact on a case, regardless of how serious the injuries actually are. The insurance company, their attorneys, and ultimately a judge or jury will all review medical records in detail, and what those records do and do not contain will shape their conclusions about what you suffered and what you deserve.

1. Failing to See a Doctor Immediately

It is the injured rider's responsibility to prove that the accident caused their injuries. Any pain or physical problem following a motorcycle accident requires immediate medical attention. Insurance companies and juries tend to believe that if a person does not seek immediate medical care, the condition may not actually be related to the crash. Even relatively minor pain should be evaluated right away, because minor injuries can worsen over time. The last thing a rider wants is for the opposing attorney to open their argument to a jury by pointing out that the plaintiff did not bother seeing a doctor until several days after the accident.

2. Discussing Your Legal Claim With Your Medical Providers

Medical providers are focused on treating injuries, not managing lawsuits. They do not need to know whether you have hired an attorney or the details of your legal claim. Whatever you say to your medical providers is not protected as confidential once you bring an injury claim, because all of your medical records will be made available to the insurance company, and potentially to a judge or jury as well. You should tell providers how you were injured, for example that you were in a motorcycle accident on a specific date, but you should keep concerns about your case and legal strategy entirely separate from medical appointments.

3. Hiding Your Health History From Your Doctors

Medical providers will ask whether you have had prior injuries or problems in the same area of your body where you are currently experiencing difficulties. You must be honest. All prior medical records will eventually be made available to the insurance company, and if you have provided incomplete or inaccurate information to your treating physicians, it will damage both your care and your credibility. Insurance company attorneys look for anything that can undermine your case, and dishonesty about your medical history gives them exactly the ammunition they need.

4. Missing Medical Appointments

Every time you miss a scheduled appointment, your medical record will reflect it with a notation of "No Show" or "DNS." More than one missed appointment will not only frustrate your medical providers, it will signal to an insurance company, their attorneys, and any jurors who review your records that you did not take your injuries seriously. Doctors who are upset with patients for missing appointments often do not make effective witnesses for those patients. If you must cancel an appointment, call at least 24 hours in advance and reschedule promptly.

5. Not Telling Your Doctors How Your Injuries Are Affecting Your Work

Medical records are the foundation of any injury claim, and if there is no mention in those records of how your injuries are affecting your ability to do your job, the insurance company and any jurors will simply not believe you if you try to raise it later. If your broken bones or other injuries are limiting your ability to work, document it by telling your health care provider at every appointment. Bringing written notes to your appointments to make sure nothing is left out can be very helpful.

6. Failing to Properly Document Your Pain

Pain is something medical providers cannot see or touch, but they are required to document it in your records. Insurance companies and juries look closely at when pain was first reported after the accident, where the pain was located, how severe it was, and how long it lasted. Writing out your pain and limitations before each appointment and providing a copy to your doctor helps ensure those details make it into your chart. It is important not to exaggerate, however, because doctors are trained to note inconsistencies, and an overstated pain complaint can produce a negative entry in your records that will be used against you.

7. Not Taking Prescribed Medications as Directed

Doctors prescribe specific medications for specific reasons, and failing to follow those prescriptions looks bad in a legal claim. If a medication is causing unwanted side effects, contact your doctor so they can make adjustments. Do not simply stop taking a medication on your own, both because some medications must be tapered and because it will appear in your records as a failure to follow your doctor's orders.

8. Stopping Treatment Too Soon

Insurance companies and juries tend to assume that when a person stops seeking medical treatment, they have recovered. Significant gaps between treatments of a month or more will be used by the insurance company to argue that you healed from the original injury and may have sustained a new one that you are not disclosing. If your doctor tells you that you are released or to return as needed, and you are still having problems after a few weeks, go back. Ask for a referral to a specialist if necessary.

9. Failing to Keep Copies of All Records and Documentation

Keep business cards, bills, and records from every medical provider you see. Keep copies of work restriction notes, referrals, and any other orders given to you. If you must provide a work excuse to your employer, retain your own copy for your case file. Your attorney will need this information to obtain your complete records and build your claim.

10. Not Seeking Treatment for Anxiety or Depression

Pain, limited activity, and disability following a serious motorcycle accident frequently cause anxiety and depression. These are legitimate medical conditions, just as real as the broken bones visible on an x-ray. Iowa motorcycle accident victims can be compensated for psychological conditions caused by their injuries, but only if those conditions are properly diagnosed and treated. Tell your doctors if you are experiencing mental health symptoms, and follow through with recommended treatment.

What the Insurance Company Won't Tell You After a Cedar Falls Motorcycle Accident

Insurance companies are in business to make a profit, and their primary goal when handling a motorcycle accident claim is to pay out as little money as possible and close the file. The insurance adjuster assigned to your case may seem friendly and helpful, but that adjuster is not on your side and is under no legal obligation to help you. Iowa law does not even require an insurance adjuster to tell you the truth. Understanding how they operate is essential to protecting the full value of your claim.

Recorded Statements and How They Can Hurt You

You are generally not required to provide a recorded statement to the other party's insurance company. If the insurer insists on taking one, you may want to agree to provide a statement but require that it not be recorded. If you are making a claim against your own insurance policy, such as an uninsured motorist claim where the at-fault driver lacked coverage, your policy may require you to give a recorded statement. A recorded statement carries the same weight as sworn testimony, so it is critical to understand every question before you answer. A poorly worded question about prior pain, for example, may be interpreted to cover your entire lifetime rather than just the period after the accident.

Do Not Try to Hide Prior Accidents or Injuries

Insurance companies have access to databases containing all prior claims made by individuals across the United States, including both property and personal injury claims. Failing to disclose prior accidents or injuries will raise a red flag in your file and can significantly damage your credibility and your case. Be truthful about your history, and let your attorney help you frame prior conditions in the proper legal context.

Stay Calm, Be Matter-of-Fact, and Stick to the Facts

Insurance adjusters handle hundreds of files every year. They are trained to look for anything that can reduce the value of your claim. Volunteering information that goes beyond what is being asked, becoming angry or making threats, or sharing personal problems unrelated to your injuries can all be used against you. Adjusters are trained to note emotional reactions and use them to argue that you would not present well to a judge or jury. Keep your communications calm and factual, and avoid sharing anything that is not directly relevant to the injury claim.

Understand Iowa's Statute of Limitations Before You Act

Under Iowa law, the general deadline for filing a personal injury claim is two years from the date of the injury. However, there are exceptions that can shorten this window significantly. If you were struck by a drunk driver whose liability might involve a licensed establishment, for example, you may have only 180 days to provide the required notice. Most qualified Iowa motorcycle injury attorneys need at least 120 days before a statute deadline expires to properly investigate a case, identify all liable parties, and prepare the necessary filings. Waiting until the last minute to consult an attorney puts you at serious risk of running out of time entirely. For questions about how long it takes to settle an injury claim in Iowa, speaking with an attorney early provides the clearest picture of your options.

Settling on Your Own Means Giving Up Future Rights

If you attempt to settle a motorcycle accident claim on your own, you need to understand that accepting a settlement almost always means giving up all rights to future compensation and medical care in exchange for a one-time payment. You also need to confirm in writing exactly which medical bills will be paid and who will be responsible for reimbursing your health insurer under any applicable subrogation obligation. Failing to address subrogation in a settlement can result in you being personally required to repay your health insurer out of your own pocket after the case is closed. Understanding all the terms of any agreement before signing is essential.

Consulting a Cedar Falls 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. 

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