Hull Motorcycle Accident Injury Attorneys

Motorcycle accidents in Hull, Iowa often lead to severe injuries, complicated insurance questions, and a claims process that can feel overwhelming for riders and passengers alike.

Whether you were riding your own bike, injured as a passenger on a friend's motorcycle, hurt because of defective safety gear, or simply trying to understand how to protect your claim after any type of crash, knowing your rights matters. The attorneys at Walker, Billingsley & Bair have helped injured motorcyclists throughout Iowa for years, and this guide covers what Hull riders and passengers should understand before dealing with an insurance company.

Injured as a Passenger on a Friend's Motorcycle in Hull

Motorcycle accident victims who were riding as passengers on a friend's bike can file an injury claim against the at-fault party. Depending on the circumstances, that claim may fall under the motorcyclist's own insurance policy or against another party, such as the driver of a passenger vehicle. Which option applies largely depends on who was at fault for the accident and the type of coverage available.

Understanding Minimum Motorcycle Insurance in Iowa

When the motorcycle driver is at fault for a crash, their insurance coverage might pay for damages suffered by an injured passenger. If another party caused the accident, the passenger may instead file a claim against that party's insurance company, with bodily injury liability covering injuries up to the limits of the policy.

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

When Insurance Coverage Is Not Enough

Sometimes the at-fault party's insurance coverage simply is not enough to cover everyone's damages. For example, if a driver runs a red light and crashes into a motorcycle, both the passenger and the motorcyclist could be injured. If the driver carries only the minimum required coverage, the available bodily injury liability limits may not be sufficient to cover both people's losses. Whenever insurance proves inadequate, there is always the possibility of filing a lawsuit against the party at fault for the accident, whether that is the motorcyclist or the driver of the passenger vehicle. While some minor insurance claims can be handled without an attorney, filing a lawsuit typically requires legal representation.

Some motorcycle accident victims have difficulty knowing what type of legal action to pursue after a crash. Filing an insurance claim, even a relatively minor one, requires dealing with the insurance company, which may use various tactics to avoid paying a claimant fairly. This is one of many reasons it is usually a good idea to consult with an attorney before accepting any offer.

Defective Motorcycle Safety Gear and Product Liability Claims in Hull

Manufacturers of defective products are liable for the injuries they cause. If a Hull rider was wearing proper safety gear and still suffered injuries in a motorcycle accident because that gear was defective, a claim or lawsuit may be filed against the manufacturer in addition to the driver responsible for the underlying accident. An attorney can assist with this process, evaluate the details of the case, and help establish liability.

Types of Liability for Manufacturing Defects

Elements of a Product Liability Claim

Suing a motorcycle safety gear manufacturer requires several elements to be present. There must be bona fide injuries or financial losses involved, since a lawsuit generally cannot proceed without them. The product must also contain a manufacturing defect, which can be straightforward to prove in some cases and more difficult in others, sometimes requiring proof that a product was manufactured improperly, that its design was flawed, or that it contained dangerous parts that were not properly labeled.

The defective product must have directly caused the injury or loss, which can be a challenging element to establish and often benefits from legal guidance. Finally, the product must have been used for its intended purpose. A helmet that was defective and worn while riding a motorcycle, its intended use, would likely support a product liability claim. However, if a rider was wearing a helmet not recommended for motorcyclists, and that helmet failed to provide adequate protection, the claim may not hold up, since the product was not being used as intended.

Those whose injuries were made worse by a manufacturing defect, or whose safety gear failed to provide adequate protection, may pursue a claim against the equipment manufacturer in addition to the party responsible for the underlying motorcycle accident.

Five Things Every Injured Hull Rider Should Know

Regardless of whether an accident involves a car, motorcycle, or truck, there are several critical steps every injured person in Hull should take to protect their claim from the very beginning.

• Keep a Diary to Document Your Injuries. A diary helps provide an accurate account of injuries and how they affect daily functioning over time, and can lead to a higher evaluation of a claim.
• Keep Documentation Regarding Missed Work. Track all time missed from work, including keeping doctor's excuses for missed days and documenting time missed for related medical appointments.
• Be Careful What You Say. Insurance companies and their lawyers will use anything and everything a claimant says against them. No matter what, it is important never to lie, since even a small lie can seriously damage credibility.