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If you or someone you love has been involved in a motorcycle accident near Cedar Rapids, Iowa, the decisions you make in the days and weeks following the crash can have a lasting impact on your ability to recover fair compensation. From dealing with insurance adjusters, to navigating medical treatment, to understanding serious injuries like road rash, this guide walks you through what you need to know.
Motorcycle Accidents in Iowa: The Risks Are Real
Motorcycles are associated with freedom, exhilaration, and fun on the open road. But they are also linked to a significantly increased likelihood of serious injury and death in the event of a collision. Iowa roads, including those in and around Cedar Rapids, see their share of motorcycle crashes each year, and the injuries that result are often far more severe than those suffered in typical car accidents. When a motorcycle goes down, riders have very little protection between themselves and the pavement.
One of the most common injuries following a motorcycle crash is road rash. Understanding the nature of this injury, how it is treated, and how to document it properly for your claim is essential to building a strong case.
Understanding Motorcycle Road Rash Injuries
Road rash is the result of skin being scraped across the road surface, causing lacerations and abrasions. Much like burns, motorcycle road rash is categorized by degree of severity, and more serious cases require medical intervention to facilitate healing.
First-Degree Road Rash
First-degree or minor road rash involves skin redness and probably does not require major medical treatment. Home treatments, including cleaning the wound and applying antibiotic ointment, often suffice for healing these injuries.
Second-Degree Road Rash
Second-degree road rash is more serious because the skin actually breaks. This degree may involve more discomfort and pain but can typically be treated at home as well. However, it should still be evaluated by a medical professional, especially when a legal claim is involved.
Third-Degree Road Rash
Third-degree road rash is a serious injury that affects all skin layers, exposing the tissue beneath. It can even damage muscles and other underlying structures. Medical intervention, including skin grafting, is a common surgical treatment for third-degree motorcycle road rash. Skin grafting must be performed in a hospital setting while the patient is under general anesthesia, and recovery can be lengthy and difficult. Patients may require weeks in the hospital for observation to ensure the body does not reject the transplanted skin. Movement can also be limited for weeks following release from the hospital, making a return to work or normal activity difficult for an extended period of time.
Seeking Compensation for Your Motorcycle Injuries
If you were involved in a motorcycle accident with another vehicle near Cedar Rapids and the other party is at fault, you may be entitled to compensation by filing a motorcycle accident claim. Recoverable damages may include medical expenses, property damage, lost wages during treatment and recovery, and pain and suffering.
Proving fault is one key element of a successful motorcycle accident case, as is proper documentation of all your losses. Be sure to keep meticulous records of all medical treatments and bills, as well as any lost time from work following the accident. Obtain the police report and any witness statements from the department that responded to the scene. Provide your attorney with any photos or notes you documented at the scene or afterward. Every piece of evidence matters.
Why Insurance Adjusters Are Not on Your Side
Once a motorcycle accident claim is filed, you will likely hear from an insurance adjuster. It is critically important that Cedar Rapids motorcycle accident victims understand what insurance adjusters are trained to do. Their primary goal is to pay you as little money as possible in order to maximize insurance company profits. While they may act like your friend, they do not have your best interests in mind.
According to tips from experienced Iowa injury attorneys, insurance adjusters are trained in specific techniques designed to reduce the value of your claim and convince you to accept a small settlement, especially when you are not represented by an attorney who knows the laws.
Large Insurers Like Liberty Mutual and Travelers Have Attorney Backup
Major insurance companies such as Liberty Mutual and Travelers often have in-house Iowa attorneys helping their adjusters evaluate and manage cases. Sometimes these attorneys will take over entirely and act as the adjuster themselves. If you are dealing with an attorney on the other side of your motorcycle accident claim, you should seriously consider having an experienced Iowa motorcycle attorney in your corner so you do not make a costly and avoidable mistake.
Third-Party Administrators Like Sedgwick and Gallagher Bassett
Some claims are handled not by insurance companies directly, but by third-party administrators such as Sedgwick or Gallagher Bassett. These TPA's can be even harder to deal with than a standard insurance company adjuster. They are often more difficult to communicate with and less responsive to calls and letters, which means injured motorcyclists dealing with these companies need experienced legal representation more than ever.
Adjusters From Companies Like AIG and Zurich
Large national and international insurers like AIG and Zurich also regularly handle motorcycle accident claims in Iowa. AIG adjusters in particular have a reputation for being unresponsive and indifferent to the problems an injured claimant faces with pain and finances. Zurich, based in Switzerland with more than 53,000 employees worldwide, typically trains its adjusters to pay as little as possible regardless of what Iowa law may actually entitle an injured rider to recover.
No matter which insurance company is involved in your Cedar Rapids motorcycle accident claim, the message is the same: do not try to navigate the process alone. The insurance company has the money, the training, and the legal resources to take advantage of unrepresented claimants.
Critical Mistakes to Avoid When Seeing a Doctor After Your Crash
Your medical records are the heart and lungs of your motorcycle injury claim. How you interact with your medical providers can make or break your case. Iowa injury attorneys identify several common mistakes that injured motorcyclists make when seeking medical treatment, and avoiding them is essential.
Failing to See a Doctor Immediately
It is your responsibility to prove that you were injured by the accident. If you have any pain or problems following your Cedar Rapids motorcycle crash, seek medical care immediately. Insurance companies and juries often believe that if you did not seek immediate medical attention, your condition may not be related to the accident. Even relatively minor pain can lead to significant problems later, so do not wait.
Talking to Medical Providers About Your Legal Case
Your medical providers do not need to know the details of your lawsuit or whether you have hired an attorney. What you say to your medical providers is not confidential once you bring an injury claim. Anything you tell them will end up in your medical records, which the insurance company and potentially a judge or jury will review. You do need to tell providers how you were injured, such as noting that you were in a motorcycle accident on a specific date, but you should avoid discussing legal strategy or claim concerns.
Hiding Your Health History From Your Doctor
Be honest with your medical providers about your history. If you have previously had any injury to the same area of the body now affected by the motorcycle accident, disclose it. Your doctors will use your past medical history to diagnose and treat you. Providing incomplete or inaccurate information can not only negatively affect the quality of your care but will likely also hurt your legal case, since all prior medical records will eventually be made available to the insurance company.
Missing or Showing Up Late to Medical Appointments
Insurance companies, their lawyers, and ultimately a jury will review your medical records. When you miss an appointment, the record will reflect a ""no show"" or ""DNS."" More than one missed appointment can make it look like you did not care about your medical treatment, which can be used against you. If you need to reschedule, call at least 24 hours in advance to avoid negative notations in your records.
Not Telling Your Doctor How the Injury Affects Your Work
Your medical records are the foundation of your injury claim. If there is no mention in your records of problems performing your job, it is unlikely that the insurance company or a jury will simply take your word for it later on. If your motorcycle accident injuries are negatively impacting your ability to work, document this by telling your healthcare provider at every appointment. Consider taking notes with you so you do not forget to mention important limitations.
Allowing Pain to Be Underdocumented
Pain is something your medical provider cannot feel, see, or touch, but must document in your records. In order for the insurance company and a jury to believe you were in pain, they will want to read about it in your medical records. They will be looking for how quickly you reported pain after the accident, where it was located, how severe it was, and how long it lasted. Write out your pain levels and limitations before each appointment and provide your doctor with a copy. Do not exaggerate, as doctors are trained to note inconsistencies and a negative note in your records will hurt your claim.
Stopping Treatment Too Soon or Allowing Large Gaps in Care
When a person stops seeking medical treatment, insurance companies and juries tend to believe that person has healed. Significant gaps in treatment of a month or more will be used to suggest that you recovered from the original injury and may have sustained a new, undisclosed injury. If your doctor tells you that you are released or to come back as needed, but problems persist, get back in to see your doctor within a few weeks. Your doctor may be able to refer you to a specialist for additional care.
Failing to Keep Your Own Records
Keep business cards, bills, and other records for every medical provider you see. Your attorney will need this information to obtain your records. Also keep copies of any work excuses, restrictions, referrals, and other orders. If you provide a work excuse to your employer, always keep a personal copy as well.
Ignoring Anxiety and Depression Following the Accident
Pain, limited activities, and disability often cause anxiety and depression following an injury. These psychological conditions are just as real as a visible physical injury and you can be compensated for them. Unless your mental health issues are properly diagnosed and treated, however, it is unlikely that you will be compensated for them. Tell your doctors if you are experiencing any emotional difficulties following your Cedar Rapids motorcycle accident.
Consulting a Cedar Rapids 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.