• Granger Motorcycle Accident Injury Attorneys
  • Phone: 641-792-3595
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A motorcycle accident can change life in Granger in an instant. Whether you were riding along the quiet roads near town or heading out toward the busier highways that connect Granger to the rest of central Iowa, a crash caused by a careless driver can leave you with serious injuries, mounting medical bills, and a long road to recovery. At Walker, Billingsley & Bair, our attorneys understand the unique challenges that motorcycle accident victims in Granger face, and we are committed to helping riders and their passengers protect their legal rights after a wreck.

Motorcycle accident claims often involve more complicated legal issues than a standard car accident case. Iowa's helmet laws, comparative fault rules, and insurance coverage requirements all play a role in how much compensation an injured rider or passenger may recover. Understanding these factors before you speak with an insurance adjuster can make a meaningful difference in the outcome of your claim.

Iowa's Helmet Law and How It Can Affect Your Claim

Iowa is one of only a few states in the nation that does not require motorcyclists to wear a helmet. That means a rider in Granger is technically within his or her legal right to ride without one. However, choosing not to wear a helmet can still affect a motorcycle accident claim, particularly when the injury involves the head or brain.

It is widely understood that a helmet can help prevent traumatic brain and head injuries in a crash. Because of this, a defense attorney or insurance adjuster may argue that a rider who was not wearing a helmet failed to exercise reasonable care, even though there was no legal requirement to wear one. This argument does not apply to every type of injury. If a Granger rider suffered an injury to the leg, arm, or torso, the presence or absence of a helmet is generally irrelevant, since that type of injury would have occurred regardless of helmet use.

When helmet use becomes a factor in a claim:

  • The injury sustained is a head or brain injury that a helmet could have reasonably prevented
  • The other side argues the lack of a helmet contributed to the severity of the injury
  • Wearing a helmet at the time of the crash, which can help demonstrate that the rider was exercising caution

Understanding Iowa's Comparative Fault Laws

Iowa follows a comparative fault system, which means that if a Granger rider is found to be partially at fault for an accident, whether due to helmet use or another factor, the compensation that can be recovered may be reduced in proportion to the degree of fault assigned. Negligence in this context does not necessarily mean the rider broke a law. It simply means that a court could find the rider failed to exercise the degree of care a reasonable person would have used under the circumstances.

Because of this rule, it becomes especially important for injured riders to build a strong case establishing the fault of the other driver. Proving that the crash and the resulting injuries were caused by the other party's negligence, or that the injuries would have occurred regardless of helmet use, can help protect the full value of a claim.

Proving the Other Driver's Negligence

Negligence is the central issue in nearly every motorcycle accident claim. If a Granger rider's crash would not have happened but for another driver's carelessness, gathering solid evidence early on is critical. The other driver and their insurance company will often be working just as hard to shift blame onto the rider, so it is important to document the scene and the aftermath thoroughly.

Types of evidence that can help prove fault include:

  • Police accident reports
  • Lab tests, if the other driver was suspected of being intoxicated or impaired
  • Witness testimony from people who saw the crash
  • Photo evidence of the scene, vehicles, and injuries
  • Video evidence, such as dashcam or traffic camera footage
  • Physical evidence collected from the crash site

Riders in Granger who have been in even a minor motorcycle accident should seek medical attention right away and consult with an attorney as soon as possible. Waiting to seek care can give an insurance company reason to argue that the injuries were not serious or were not related to the crash at all.

Can a Passenger File a Claim After Being Injured on a Friend's Motorcycle?

Motorcycle passengers in Granger who are injured while riding on a friend's bike are not left without options. A passenger who is hurt in a crash can file an injury claim against the party at fault for the accident, whether that is the motorcycle driver or another motorist involved in the wreck. Which party the claim is filed against, and under which insurance policy, depends largely on who caused the accident and what coverage is available.

If the motorcycle operator is found to be at fault, his or her insurance policy may cover the passenger's damages. If another driver caused the crash, the passenger may instead file a claim against that driver's insurance. In Iowa, motorcyclists are required to carry minimum liability coverage of 20/40/15, meaning:

  • $20,000 in bodily injury liability coverage for one person
  • $40,000 in bodily injury liability coverage for all injuries arising from one accident
  • $15,000 in property damage liability coverage

Some motorcyclists and drivers in Granger choose to carry higher limits than the state minimum, and some also carry medical payments coverage, which can pay for medical costs regardless of who was at fault. A passenger may also be able to use his or her own insurance coverage to help pay for initial medical costs before pursuing compensation from the at-fault party.

When Insurance Coverage Is Not Enough

Unfortunately, the at-fault party's insurance coverage does not always cover the full extent of a passenger or rider's damages. Consider a situation where a distracted driver runs a stop sign and crashes into a motorcycle carrying both a rider and a passenger near Granger. If both people are seriously injured but the driver only carries the state minimum coverage, the available funds may not be enough to fully compensate everyone involved.

When insurance proceeds fall short, injured riders and passengers have the option of filing a lawsuit against the at-fault party, whether that is the motorcycle operator or the driver of another vehicle. While some smaller insurance claims can sometimes be resolved without legal representation, pursuing a lawsuit typically requires the guidance of an experienced motorcycle accident attorney.

Damages a Motorcycle Accident Victim May Recover

Motorcycle accident injuries in Granger are often severe, and the financial impact of a crash can go far beyond the initial hospital bill. In addition to medical and hospital costs, an injured rider or passenger may be entitled to recover compensation for lost income if they are unable to work for days, weeks, or longer following the crash.

Additional damages that may be available include:

  • Pain and suffering
  • Permanent disability
  • Emotional distress

Every case is different, and speaking with an attorney can help an injured rider or passenger in Granger better understand the full range of compensation that may be available to them.

Iowa law requires motorcyclists to carry a minimum of $20,000 / $40,000 / $15,000 in liability coverage, but a serious crash can easily exceed those limits.

Protecting Your Motorcycle Accident Claim

Regardless of who represents you, there are several steps every injured rider or passenger in Granger should follow to help protect the value of a claim.

Tell Your Doctor Everything That Hurts

One of the most important pieces of evidence in any motorcycle accident claim is an accurate medical record. Your doctor is required to keep detailed notes describing how you were injured, your physical complaints, the examination findings, and the treatment you receive. Insurance companies rely heavily on these records when evaluating a settlement offer. If you wait weeks or months to mention a symptom, the insurance company may argue that it was not related to the crash and reduce its offer accordingly.

Follow Your Doctor's Orders

If your doctor recommends physical therapy several times a week but you only attend once, it can hurt your claim. Insurance adjusters often argue that a rider who does not follow medical advice could not have been seriously injured, and they will use this to justify a lower settlement offer.

Keep a Diary to Document Your Injuries

Few people think to write down how they feel each day after a crash, but a daily journal can be a powerful tool. Documenting your pain levels, limitations, and how your injuries affect your daily life can help support a higher evaluation of your claim later on.

Keep Documentation of Missed Work

Track every day you miss from work because of your injuries or medical appointments. Keep copies of doctor's excuses and any related paperwork, as this documentation will be important when calculating lost wages.

Be Careful What You Say

Insurance companies and their lawyers may use anything you say against you. Always tell the truth, since even a small inconsistency can damage your credibility and the strength of your claim.

 
 

Consulting a Granger 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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