- Evansdale Motorcycle Accident Injury Attorneys
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Motorcycle accidents carry a high risk of serious injury. Compared to passenger car drivers, motorcyclists have far less protection surrounding them, which means that even a crash at moderate speed can result in devastating consequences. When a collision happens in Evansdale, the aftermath can be overwhelming: emergency medical care, missed work, mounting bills, and an insurance company that is already working against you. Knowing what to expect, and having an experienced motorcycle accident attorney on your side, can be the difference between a fair recovery and being left with nothing.
This article covers three things every Evansdale rider should understand after a motorcycle accident: the internal injuries that may not be immediately obvious, the role the insurance company plays (and why it is not actually on your side), and how medical bills get paid when someone else is responsible for your injuries.
Internal Injuries After a Motorcycle Accident: What Evansdale Riders Need to Know
Many motorcyclists who are injured in crashes are hospitalized for severe injuries that require surgery or intensive care. In some cases, bikers suffer internal injuries that are not immediately visible or obvious. The absence of an open wound does not mean a rider is uninjured. Some of the most dangerous injuries after a motorcycle crash are the ones you cannot see from the outside, and knowing the warning signs could save your life or the life of someone you care about.
Internal injuries are a common result of a motorcycle accident. Accident victims may experience internal bleeding in the abdomen, the head, or other areas depending on the nature and location of the impact. Blunt trauma or penetration can cause this type of bleeding. While some internal bleeding will stop on its own, severe or uncontrolled bleeding may require emergency surgery. Waiting too long to seek treatment can turn a survivable injury into a fatal one.
Common Types of Internal Motorcycle Accident Injuries
Some possible internal injuries that motorcyclists may sustain after being thrown from a bike, run over by a vehicle, or experiencing blunt trauma in a collision include:
- Tears in the aorta, superior or inferior vena cava, or their branches
- Tears, cuts, or blunt trauma to organs such as the spleen or liver
- Bleeding around the lungs
- Intracranial hemorrhage
This is just a sample of the internal injuries that can result from a serious motorcycle crash. The full range of possible trauma is broad, and any impact significant enough to throw a rider from their bike or involve a vehicle collision should be treated as a potential medical emergency until proven otherwise.
Internal Injury Warning Signs to Watch For
In many cases, the signs of internal injury are obvious and severe. However, in other situations, the warning signs are subtle, and there is no visible accompanying injury that alerts bystanders or even the victim to the seriousness of the condition. Any of the following symptoms may be an internal injury warning sign and warrant a call to 911 from the accident scene or an immediate trip to the nearest emergency room:
- Loss of consciousness or headache: Pain in the skull or a loss of consciousness may result from internal hemorrhaging in the brain. This is an emergency situation that requires immediate medical care.
- Swelling or pain in the abdomen: Swelling can occur due to blood collecting in the abdomen when there is an internal injury. Pain in this area may also signal a more serious condition than the initial examination revealed.
- Discolored skin: Internal bleeding can cause the skin to turn a deep purple as blood seeps into the soft tissues beneath the skin's surface. This may indicate a more serious internal injury underneath.
- Light-headedness or fainting: Blood loss that occurs internally can cause dizziness. Any fainting spell or feeling of dizziness requires a thorough examination to rule out an internal injury after a motorcycle accident.
If you or a passenger experiences any of these symptoms following a motorcycle accident in Evansdale, do not wait. Seek emergency medical care immediately. After your health has been stabilized, your next call should be to a motorcycle accident attorney who can help you understand your right to recover compensation for your motorcycle injuries, including the cost of medical treatment, lost wages, and any decreased ability to return to work.
Why the Insurance Company Is Not on Your Side
After a motorcycle accident in Evansdale, one of the first phone calls you are likely to receive is from an insurance adjuster. That adjuster may sound sympathetic and professional, but it is critical to understand one thing: the insurance company is not on your side.
Insurance companies are in business to make a profit, and they would rather collect premiums than pay out on claims. The insurance adjuster's primary job is to pay you as little money as possible and get your case closed. They are under no legal obligation to help you, and they are not even required by law to tell you the truth. Knowing how to interact with an adjuster is something every Evansdale motorcycle accident victim needs to understand before picking up that phone.
Always Tell the Truth
The insurance adjuster will want documentation for your lost wages, your medical care, and any prior medical care you have received. If you forget about prior treatment or are not fully truthful, the adjuster will likely discover the inconsistency and reduce any offer accordingly. Always be honest and accurate when providing information.
Be Cautious About Recorded Statements
You are generally not required to provide a recorded statement to the other party's insurance company. If they insist, you may want to agree to provide a statement, but request that it not be recorded. Keep in mind that a recorded statement carries the same weight as a deposition given under oath. If you are asked a question you do not understand, speak up before answering. Be especially careful of broadly worded questions such as "Have you ever had back pain before?" A question like that does not ask about pain at the time of the injury; it asks about your entire lifetime. Answering incorrectly can damage your credibility and your case.
Do Not Try to Hide Prior Accidents or Injuries
Insurance companies maintain databases containing all the claims that individuals across the country have previously made, including both property damage and personal injury claims. If you are not truthful about prior claims when asked, it will raise a red flag and may seriously hurt your case.
Stick to the Facts
Insurance adjusters handle hundreds of files every year. They do not want small talk and will use any extra information you volunteer against you. If you are having personal problems at home unrelated to your injuries, do not bring them up. An adjuster is trained to look for anything that could reduce the value of your claim. If you provide information about unrelated personal difficulties, they may attempt to attribute part of your problems to those circumstances rather than to your injuries. Be matter-of-fact: answer what is asked, and stop there.
It is also important not to get angry with the adjuster. Losing your composure gives them information they can use against you. If you feel yourself becoming upset during a conversation, tell the adjuster you need a few minutes or that you will call back.
Know Your Statute of Limitations
In Iowa, the general rule is that injured parties have two years from the date of the injury to bring a claim, though there are exceptions. For example, if you were struck by a drunk driver, you may have only 180 days to provide notice to the bar that served that driver. If you are not familiar with the specific laws that apply to your motorcycle accident case, contact a qualified attorney right away. Do not wait until the last minute. Most experienced Iowa motorcycle injury attorneys will want at least 120 days before your statute of limitations expires so they have sufficient time to investigate your case, identify all responsible parties, and prepare necessary legal documents.
Understand What You Are Signing Before a Settlement
If you are considering settling your case on your own, you need to understand that by signing, you are likely giving up all rights to future compensation and medical care. Make sure you understand every term of the agreement and that everything is in writing. For example, you need to know exactly which medical bills are being paid and who is responsible for reimbursing your health insurance if it has already covered some of your treatment. Failing to address what is known as subrogation in a settlement can result in you being required to pay your health insurer back out of your own pocket.
Who Pays Your Medical Bills After a Motorcycle Accident in Evansdale?
One of the most pressing concerns for any Evansdale motorcycle accident victim is figuring out how to pay for medical treatment while a legal claim is being pursued. Many people assume that the at-fault driver's insurance company will simply start paying their bills. Unfortunately, that is almost never how it works in Iowa.
In Iowa motorcycle and car accident cases, the other driver's insurance company is rarely required to make payments for your medical bills as they are being incurred. This is true even when the other driver's liability is obvious and they have already paid for your property damage. The other driver's insurance company generally only makes payment at the time of a final settlement, at which point they will require a release of all future claims. That means you need to identify other sources to cover your treatment while your case is being pursued.
Sources That May Cover Your Medical Bills
If you have been injured in a motorcycle accident in Evansdale, the following are potential sources of payment for your medical expenses:
- Your own health insurance from your employment benefits package
- Personal health insurance that you have paid for yourself
- Health insurance obtained by your spouse for your benefit, or by your parents if you are a minor living with them
- Medical payments coverage from your own automobile insurance policy, if applicable. In some cases, you may be able to access this coverage from more than one policy.
- Healthcare.gov or Medicaid, if you are not covered under a private plan. You may be eligible for coverage under the Affordable Care Act, which you can explore online or through your local Department of Human Services.
- Personal funds, if you are uninsured and able to pay bills as they come in
With medical debt rising, many accident victims simply do not have the funds available to pay hospitals, doctors, and other providers out of pocket as treatment continues. When there are insufficient funds to cover these bills, an experienced motorcycle injury attorney can help facilitate assignments. This is a process where the client authorizes the attorney's office to pay medical providers directly from any settlement or verdict reached in the case. Medical providers will often accept this arrangement and agree to wait until the time of settlement rather than pursuing collection action against you.
Understanding Subrogation
Nearly all insurance policies contain a subrogation provision. This means that if your health insurer pays for your medical treatment and you later recover money from another party or their insurance company to cover those same bills, your health insurer has a right to be reimbursed. Failing to account for subrogation when settling your case can result in an unexpected financial obligation after your settlement has already been paid. This is one of the many reasons why it is important to have an experienced attorney review any settlement agreement before you sign it.
Protecting Your Rights as an Evansdale Motorcycle Accident Victim
Motorcyclists injured in Evansdale face a challenging road to recovery, not just physically, but financially and legally as well. Internal injuries that may not be visible right away can worsen rapidly without prompt medical care. Insurance adjusters are trained professionals whose job is to minimize your payout. And navigating the question of who pays your medical bills while waiting for a case to resolve requires careful planning and, in most situations, the guidance of a qualified attorney.
If you have experienced large medical bills, lost time at work, or a decreased ability to return to your previous occupation after a motorcycle accident, an attorney can help you explore your options to seek full and fair compensation. You should not have to bear the financial burden of someone else's negligence on your own.
For more information on why the insurance company is not always on your side, and to learn about who should pay your medical bills after a personal injury, visit the resource library at iowainjured.com.
Consulting a Evansdale 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.