Hawarden Motorcycle Accident Injury Attorneys

A motorcycle accident can leave victims and their families reeling. Motorcyclists have considerably less protection compared to other drivers, which can leave them vulnerable to catastrophic injuries like head trauma, spinal cord injuries, road rash, and fractures. For Hawarden riders and their passengers, a crash can also bring significant financial burdens and emotional damages. Understanding how fault is established, what compensation may be available, and why some symptoms take time to appear can help protect your health and your claim after a motorcycle accident.

Proving the Other Driver's Negligence in a Hawarden Motorcycle Accident

To recover damages in an injury claim after a motorcycle accident in Hawarden, you need to prove that the other driver was at fault. In the most basic terms, this means the other driver committed an act that breached the driver's duty to drive in a safe, reasonable manner to prevent injury to others, and that this negligence led directly to the motorcycle accident.

Some drivers may not account for motorcyclists when changing lanes and driving in general. For example, a driver may not check for bikes when turning left, and if a motorcycle is coming straight through the intersection, it can lead to a serious collision.

What Evidence Establishes Negligence?

To prove that the other driver acted negligently, a Hawarden rider's case must present valid evidence. This can include a police report that indicates the cause and circumstances of the collision, as well as any citations, such as improper turn or speeding citations, issued to either driver.

As a Hawarden rider prepares a case, it is important to keep all medical appointments, contact the insurance company, and keep all documents and communications related to the accident.

How Do Helmet Laws Affect a Hawarden Motorcycle Claim?

Iowa does not have a helmet law, so motorcyclists who did not wear a helmet are not in violation of any laws. However, failure to wear a helmet may still affect an injury claim in some cases, particularly if the rider suffered a head injury in the accident.

Iowa follows a modified comparative negligence system in which a Hawarden claimant or plaintiff can recover damages even if they are partially at fault, provided they are no more than 50 percent responsible for the accident. Damage awards, however, are reduced by the individual's percentage of fault. So if a Hawarden rider was not wearing a helmet and suffered a head injury when another driver merged into his lane, the rider may be assigned a percentage of fault for that injury based on the decision not to wear a helmet, which would reduce the overall award accordingly. This depends heavily on the circumstances of the case and whether the injury would have occurred regardless of helmet use. Helmet use will not be a factor, for example, for a rider who suffers road rash on the leg, since a helmet would not have protected the leg from that type of injury.

What Damages Can a Hawarden Motorcycle Accident Victim Recover?

Economic damages in a motorcycle wreck can cover current and future loss of income and medical bills. Catastrophic injuries can require significant medical care in the future, such as home care for a brain or spinal cord injury or additional surgeries, so it is important for a Hawarden victim to account for this when calculating losses.

Noneconomic damages are also recoverable, and this may include pain and suffering, mental anguish, reduced quality of life, and other similar losses.

Can a Hawarden Passenger File a Motorcycle Accident Claim?

Motorcycle accident victims in Hawarden who were passengers on a friend's bike can file an injury claim against the at-fault party. It will either be filed under the motorcyclist's insurance policy or against another party, such as the driver of a passenger vehicle. This largely depends on who was at fault for the motorcycle accident and the type of coverage available.

Minimum Motorcycle Insurance in Iowa

When the driver of the motorcycle is at fault, his or her coverage might pay for damages to an injured passenger. If another party is responsible for the accident, the passenger may file a claim against that party's insurance company instead. Bodily injury liability would cover injuries up to the limits of the policy.

Many motorcyclists and motorists choose to carry higher insurance coverage than these minimums. Some motorists carry medical payments coverage, which pays for costs of medical care regardless of fault. A Hawarden passenger may even use their own coverage to initially cover costs before recovering compensation from the at-fault party.

When Insurance Coverage Isn't Enough

The at-fault party's insurance coverage may not always be enough. Consider a situation where a driver runs a red light and crashes into a motorcycle. Not only is the passenger injured, but so is the motorcyclist. If the driver only carries the minimum amount of coverage, that minimum bodily injury liability may not be enough to cover everyone's damages.

Whenever insurance is not enough, there is always the possibility of filing a lawsuit against the party who was at fault for the accident, whether the motorcyclist or the driver of the passenger vehicle. While some minor insurance claims may be handled without an attorney, filing a lawsuit typically requires legal representation.

Damages Recoverable by a Hawarden Passenger

A motorcycle accident victim may suffer severe injuries, and the medical and hospital costs associated with those injuries could be recovered in a claim or lawsuit. If a Hawarden passenger is out of work for a few days, several weeks, or longer, the earnings lost during that time could also be addressed. Damages besides hospital stays and lost wages may include pain and suffering, disability, and emotional distress. Talking with an attorney can help injured Hawarden passengers understand all the forms of compensation that may be available to them.

When Symptoms Don't Appear Right Away

It is not uncommon for a Hawarden rider or passenger involved in a motorcycle accident to feel fine immediately after the crash, only to notice pain later that same day or even the next day. Adrenaline often spikes after an accident, and hormones such as cortisol can be released, which can temporarily mask pain. Regardless of when your pain begins, you should seek medical care and treatment as soon as it appears.

It is also common for some injuries to develop gradually rather than all at once, and new symptoms can appear well after an initial injury is treated. For example, someone who suffers a serious neck injury with pain radiating down the arm may have that pain masking a separate shoulder problem, which may only become noticeable once the neck injury has been treated. In situations like these, a Hawarden accident victim should report any new pain or symptoms as soon as they appear, since it is common for one injury to mask or lead to another. Establishing which conditions are actually related to the original accident is an important part of any Hawarden motorcycle accident claim, and an experienced attorney can work directly with your treating doctors to help establish this connection.

Consulting a Hawarden 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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