Jesup Motorcycle Accident Injury Attorneys

Dedicated legal support for Jesup, Iowa riders facing internal injuries, insurance company tactics, and defenses raised after a motorcycle crash.

Motorcyclists face a greater risk of serious injury than passenger car drivers, given their relative lack of protection in a crash. A Jesup rider involved in a motorcycle accident may be dealing with internal injuries that are not immediately obvious, an insurance company working against their interests, or defenses raised by the other driver's insurer aimed at reducing or denying compensation. At Walker, Billingsley & Bair, we help Jesup riders understand each of these challenges so they can protect their claim from the start.

Internal Injury Signs Jesup Riders Should Know

Many motorcyclists are hospitalized each year for severe injuries requiring surgery or intensive care. In some cases, riders suffer internal injuries that are not readily apparent at the scene of the crash. Internal injuries are a common result of a motorcycle accident, and blunt trauma or penetration can cause internal bleeding in the abdomen, head, or other areas depending on where the impact occurred. Any sign of internal bleeding warrants a trip to the hospital, and severe or uncontrolled bleeding may require surgery.

Types of Internal Injuries

Warning Signs to Watch For

In many cases, internal injury signs are obvious and severe, leaving no doubt that a rider needs immediate care. In other cases, the signs are more subtle. Any of the following symptoms warrant a call to 911 or a trip to the nearest emergency room: loss of consciousness or a severe headache, which may signal internal hemorrhaging in the brain, swelling or pain in the abdomen, which can indicate internal bleeding, discolored skin that turns a deep purple as blood seeps into the soft tissue beneath the surface, and light-headedness or fainting caused by internal blood loss.

Why the Insurance Company Is Not Always on Your Side

Insurance companies are in business to make a profit, and they would rather collect premiums than pay claims. An insurance adjuster may be nice to you, but remember that the adjuster is not on your side, is under no obligation to help you, and is not even required by law to tell you the truth.

Tips for Jesup Riders Dealing With an Adjuster Directly

Know Your Statute of Limitations

Under Iowa law, you generally have two years from the date you were injured to bring a claim, though exceptions exist depending on the circumstances of your accident. It is a bad idea to wait until the last minute to try to settle your case, since doing so puts more pressure on you than on the insurance company. Most qualified Iowa injury attorneys want at least 120 days before the statute expires so they have time to properly investigate the claim, identify all responsible parties, and prepare the necessary documents.

Settling on Your Own

If you attempt to settle your case without an attorney, understand that you are likely giving up all rights to future compensation and medical care in exchange for a sum of money today. Make sure you understand every term of any settlement and that it is in writing, including who is responsible for paying your medical bills and whether your health insurer needs to be reimbursed through subrogation. Failing to address subrogation in a settlement can leave you responsible for paying your health insurer back out of pocket.

Common Defenses Against Motorcycle Accident Claims in Iowa

If you are pursuing a claim after a Jesup motorcycle accident, the insurance company or the other driver is likely to raise defenses aimed at reducing or denying your compensation. Familiarizing yourself with these common defenses, and working with an experienced motorcycle accident attorney, can help you build a solid case.

Regulation Violations

One of the most common defenses is that the motorcyclist violated a specific motorcycle law at the time of the crash, such as carrying a package that restricts the use of both hands or riding more than two abreast in a lane. If the other driver can prove a violation occurred and that it caused the accident, your claim may be in jeopardy.

Speeding or Traffic Violations

The other side may also argue that you were speeding or committed another traffic violation, such as an illegal lane change, at the time of the crash. If proven, you may be found partially or totally at fault. Under Iowa's comparative fault rules, your damages may be reduced proportionally to your percentage of fault, and if you are found more than 50 percent at fault, you may be barred from recovering damages altogether.

Impairment

If you were under the influence of drugs or alcohol at the time of the accident, it can severely hinder your ability to recover damages. The insurance company or a court will assign you a percentage of fault, and in many cases, impairment can prevent recovery of damages entirely.

Not Wearing a Helmet

While Iowa does not require riders to wear a helmet, not wearing one might still be raised as an issue if you suffered head or neck injuries. The other driver's insurance company may argue that the lack of a helmet led to more severe injuries than you would have otherwise suffered, which could increase your comparative negligence and reduce your damages. An experienced attorney can help address this argument and work to establish that helmet use did not affect the severity of your injuries.