Keokuk Motorcycle Accident Attorneys: What Every Injured Rider Needs to Know

Riding a motorcycle through southeastern Iowa means sharing the road with drivers who are not always paying close enough attention. When a crash happens, motorcyclists and their passengers have virtually no protection between them and the pavement, other vehicles, or roadside objects. The injuries that follow can be catastrophic, and the legal process that comes next can feel overwhelming, especially when insurance companies are involved. If you have been hurt in a motorcycle accident near Keokuk, understanding your rights, the injuries you may have suffered, and what steps to take to protect your claim can make all the difference in what you ultimately recover.

Motorcycle Accident Injuries: Broken Bones and Beyond

Some of the most common injuries that motorcyclists sustain in a crash are broken bones. According to data from the Iowa Department of Transportation, there were over 1,000 motorcycle injury crashes in Iowa in a single year alone. When a rider goes down, there is simply nothing to absorb the impact. Whatever protective gear is worn is generally all that stands between the rider and serious harm.

Broken bones from a motorcycle accident can typically be addressed with proper medical care, but in some cases they lead to long-term complications and lasting impairment. The most obvious sign of a broken bone is intense pain at the affected area, but other signs include the following:

• Swelling
• Bruising
• Bleeding
• Limited mobility at the injury site
• Numbness or tingling
• Broken skin with a protruding bone
• An obviously misshapen or out-of-place limb or joint

The type and severity of a fracture depend on several factors: the severity of the crash, the angle of impact, the speed the motorcyclist was traveling, and the specific part of the body that absorbed the force. Rib fractures are common when a rider's torso strikes the ground or another vehicle. Collarbone, leg, arm, spine, and pelvis breaks are all possibilities as well.

When Broken Bones Lead to Long-Term Complications

Treatment for a broken bone varies considerably based on the location and severity of the break. Cast immobilization is typically used for fractures in the limbs, while a functional cast or brace may be appropriate for minor breaks. More serious fractures can require surgery to repair.

Some breaks, particularly those involving the spine, carry a level of risk that goes far beyond the initial injury. If a spinal fracture causes any disturbance to the spinal cord, the consequences can be severe and permanent. Spinal cord injuries have the potential to cause permanent paralysis. Beyond spinal fractures, broken bones in general have the potential to cause future complications. For example, post-traumatic arthritis is a condition that can develop later in life at a site where a previous fracture occurred, creating problems long after the bone itself has healed.

If your motorcycle accident and resulting injuries were caused by another driver's negligence or irresponsible actions, that driver may be held liable for your damages. Those damages can include medical expenses and anticipated future medical costs, lost wages, and pain and suffering. Iowa law requires that you file a motorcycle injury case within two years of the date the injury occurred. That deadline makes it critical to speak with an attorney as soon as possible.

Injured as a Passenger on a Motorcycle? You Still Have Rights.

One question that comes up frequently is whether a person who was riding as a passenger on a friend's motorcycle can file a claim after an accident. The answer is yes. Motorcycle accident victims who were passengers can file an injury claim against the at-fault party, whether that is the motorcyclist who was driving or another party such as a driver of a passenger vehicle. The direction of the claim depends largely on who was at fault for the crash and what type of insurance coverage is available.

When the motorcycle driver is at fault, his or her insurance coverage may pay for damages suffered by an injured passenger. When another party caused the crash, the passenger may file a claim directly against that party's insurance company under their bodily injury liability coverage, up to the limits of the policy.

Understanding Iowa's Minimum Motorcycle Insurance Requirements

In Iowa, motorcyclists are required to carry a minimum level of insurance coverage. The state minimums are:

• $20,000 in bodily injury liability for one person
• $40,000 in bodily injury liability for all injuries in a single accident
• $15,000 for property damage

Many motorcyclists and motorists choose to carry higher coverage than the state minimum, and some carry medical payments coverage, which pays for medical care costs regardless of fault. If you were a passenger injured in a crash, you may even be able to use your own insurance coverage to help pay your initial medical bills while you pursue compensation from the at-fault party.

What Happens When Insurance Is Not Enough?

There are situations where the at-fault party's insurance simply does not cover the full extent of your damages. Consider a scenario where a driver runs a red light and strikes a motorcycle, injuring both the rider and the passenger. If that driver only carries the state minimum bodily injury liability coverage of $40,000 for all injuries combined, that amount may fall far short of covering everyone's medical bills, lost wages, and other losses.

When insurance coverage runs out, there is always the option of filing a lawsuit directly against the at-fault party. While some minor claims can be handled without legal representation, filing a lawsuit in a serious injury case almost always requires an experienced attorney. Insurance companies are known for using various tactics to minimize payouts, and having an attorney at your side is the most effective way to counter those tactics and protect what you are owed.

Damages recoverable in a motorcycle accident claim can include:

• Medical and hospital costs related to your injuries
• Future medical expenses if ongoing treatment is needed
• Lost wages for time missed from work during recovery
• Pain and suffering
• Disability
• Emotional distress

5 Critical Steps to Protect Your Motorcycle Accident Claim

Regardless of who you ultimately choose to represent you, the following steps are critical to protecting the value of your motorcycle injury claim. These are things that injured riders too often overlook, and the insurance company will absolutely use any gaps against you.

1. Tell Your Doctor Everything That Hurts

One of the most important pieces of evidence in any injury case is the medical record. Your doctor is required to keep detailed and accurate documentation of your condition: how you were hurt, what you reported feeling, what the examination revealed, and what treatment was provided. Insurance companies base their settlement offers on this information. If you fail to mention a symptom at your appointment, it will not be in the record, and the insurer will later claim that problem was not caused by the accident. If you begin reporting a new complaint weeks or months after the crash, the insurer will use that delay to argue the injury is unrelated and reduce their offer accordingly. Tell your doctor everything, at every appointment.

2. Follow Every One of Your Doctor's Orders

If your physician recommends physical therapy three times a week and you only attend once a week, you are damaging your own claim. The insurance company will argue that your injuries could not have been as serious as claimed, or you would have followed the recommended treatment plan. Consistent compliance with your doctor's instructions is not just good for your health, it is essential evidence that supports the legitimacy of your injury.

3. Keep a Daily Diary

Very few people think to write down how they are feeling during recovery, but a diary can be one of the most powerful tools in an injury case. Recording the details of your pain levels, your limitations, what activities you were unable to perform, and how the injury affected your daily life gives your attorney concrete, date-specific information to support your claim. It can also mean a higher evaluation of the overall value of your case when it comes time to negotiate or go to trial.

4. Document Every Day of Work You Miss

Lost wages are a recoverable damage in a motorcycle accident claim, but you need documentation to prove them. Keep copies of any written medical excuses for missed work, and track every appointment, procedure, and recovery period that caused you to be away from your job. This includes partial days missed for doctor visits, not just extended absences.

5. Be Extremely Careful About What You Say

The insurance company and its lawyers will use anything and everything you tell them to reduce your claim. That includes casual comments made to an adjuster, statements posted on social media, and anything said to witnesses at the scene. The most important rule is to never lie. Even a small inconsistency can destroy your credibility and your case. The best policy is to tell the truth at all times and to let your attorney handle communications with the insurance company on your behalf.

How a Keokuk Motorcycle Attorney Can Help You

Proving liability on your own after a serious motorcycle crash and fighting to recover everything you are owed can be an extremely complicated process. At Walker, Billingsley & Bair, the attorneys can help gather all the evidence needed to prove liability, file your claim, and guide you through the entire legal process from start to finish.

Some motorcycle accident cases are resolved through negotiation with the insurance company. Others require filing a lawsuit and going through the litigation process before a fair offer is made. Either way, having experienced legal representation ensures that you are not navigating the process alone and that the insurance company does not take advantage of the fact that you are new to it.

The firm handles cases on a contingency fee basis, which means there is no cost to you unless they are successful in recovering compensation on your behalf. To learn more about your rights before making any decisions, you can also request a free copy of the Iowa Consumer's Guide to Motorcycle Crashes, which covers nine insider secrets to keep your case on track. It is available at no cost or obligation.

Consulting a Keokuk 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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