Le Claire Motorcycle Accident Injury Attorneys

Riding a motorcycle in and around Le Claire can be an exhilarating experience, but it comes with risks that are simply not present when you are behind the wheel of a car. A motorcycle lacks the crash worthiness and protection of today's passenger vehicles. A car has much more weight and mass, a roll cage, a roof, airbags, and seatbelts. It is also more stable because it has four wheels. Because of its size, a car is also easier for other drivers to see. What a motorcycle sacrifices in these areas is somewhat offset by its ability to stop and turn quickly, but only when the rider has been properly trained.

When a crash does occur, the results for motorcyclists are often devastating. If you or a loved one has been injured in a motorcycle accident in Le Claire, understanding the common causes of these crashes, the defenses the other side will raise against your claim, and what you must do to protect your rights can make all the difference in your recovery.

Why Motorcycle Accidents in Le Claire Are So Dangerous

Unlike occupants of a passenger car, a motorcyclist has virtually no physical barrier between themselves and the road or another vehicle. This means that injuries sustained in motorcycle accidents tend to be far more severe than those in typical car crashes. Head injuries, broken bones, road rash, spinal damage, and permanent disability are all common outcomes. The difference between a minor collision and a fatal one can come down to speed, training, and the decisions made in the seconds before impact.

According to findings from the Hurt Report, a significant motorcycle safety study, a number of crash scenarios repeat themselves far more often than others. Understanding these patterns is the first step toward both avoiding a crash and knowing what happened when one occurs.

The Most Common Motorcycle Crash Scenarios

Another Driver Turns Left in Front of You

This is the most common type of motorcycle crash. Another driver either fails to see the motorcyclist or misjudges their speed while turning at an intersection. The other driver may be distracted, on a cell phone, or simply not looking for motorcycles. To reduce the risk, riders should approach intersections with caution and look for signs that a driver may turn, such as a gap in traffic or a driveway nearby. Watching the wheels of the vehicle, not the vehicle itself, will give the first sign of movement. Even reducing speed by 10 to 20 miles per hour before impact can make the difference between going home with bruises and not going home at all. Riders should avoid laying the bike down, as the best chance of reducing injury is to keep the bike upright and apply both brakes to reduce speed as much as possible before impact.

A Car Changes Lanes Into You

A motorcycle can easily fall into the blind spot of another driver, and many drivers are simply not in the habit of looking for motorcycles. When riding in traffic near Le Claire, riders should be aware of where blind spots lie and spend as little time in them as possible. A useful rule of thumb is that if you can see a driver's eyes in their mirrors, that driver has the ability to see you as well. Riders should be extra alert in situations where vehicles are likely to change lanes, such as when traffic is slowing in one lane. Looking for turn signals, a vehicle drifting within its own lane, or a driver's head moving to check mirrors can all be advance warnings of an impending lane change.

A Car Hits You From Behind

Coming to a stop at a red light or stop sign and being rear-ended by a driver who was not paying attention is a scenario that might be a minor fender bender in a car but can kill a motorcyclist. Riders can reduce this risk by stopping toward the side of the center of the lane, keeping the motorcycle in gear with a hand near the throttle, and watching vehicles approaching from behind. Installing brake lights that flash when the brakes are applied can also increase visibility to following drivers.

Other Leading Causes of Motorcycle Crashes

Beyond crashes involving other vehicles, there are several additional factors that contribute to motorcycle accidents in Iowa:

• Lack of Training: Research shows that 92 percent of motorcycle riders involved in accidents are essentially without formal training. Many are self-taught or learned from family or friends. Formal training is the single most important step a rider can take to reduce the chances of being in a crash and to reduce the severity of injuries if a crash does occur.
• Alcohol Use: Nearly half of all fatal motorcycle crashes involve alcohol use by the motorcycle rider. Riding impaired dramatically increases the risk of a fatal outcome.
• Excessive Speed: A significant portion of motorcycle crashes involve excessive speed, whether it is taking a corner too fast or driving above the speed limit and not having sufficient distance to stop when a car pulls out. Keeping speed in check, especially in areas with limited sightlines, is critical.
• Poor Maintenance: While vehicle failures account for a smaller percentage of crashes, most of those that do occur are single-vehicle accidents where the rider lost control because of a flat tire. Losing control at high speed frequently results in serious injury. Regular maintenance, including tire inspection, is an important safety practice.

Should You Wear a Helmet in Iowa?

Iowa is one of the few states in which riders have the legal right to choose not to wear a helmet. However, making an informed decision about helmet use is important. Statistics show that a helmet is the most significant safety device available to a motorcyclist. Motorcycle helmets have a hard outer shell that protects the brain and distributes the force of an impact. Newer helmets also have an inner liner that absorbs impact energy. Wearing a helmet significantly reduces the chance of sustaining a disabling or deadly brain injury. If you do wear a helmet, make sure it meets federal safety standards as established by the National Highway Traffic Safety Administration (NHTSA). If you plan to travel outside of Iowa, be aware that most other states require the use of motorcycle helmets.

From a legal standpoint, the decision about whether to wear a helmet can also affect your injury claim, as discussed below.

Defenses the Other Side Will Use Against Your Claim

If you have been in a motorcycle accident in Iowa and are pursuing a claim for damages, the insurance company or the other driver is likely to present arguments to reduce or eliminate their liability. Knowing what defenses to expect and having an attorney who can address them is essential to protecting your claim.

You Violated Motorcycle Regulations

Perhaps the most commonly used defense is the argument that you, the motorcyclist, were violating motorcycle-specific laws at the time of the accident. Iowa has rules that apply exclusively to motorcyclists. For example, Iowa Code 321.275(6) prohibits a rider from carrying a package in a way that restricts the use of both hands. Iowa Code 321.275(4) prohibits riding more than two abreast in a lane. If the other side can prove that a violation occurred and that the violation contributed to the crash, your claim could be seriously weakened.

You Were Speeding

A common argument raised by insurance companies is that the motorcyclist was speeding or committing another traffic violation at the time of the accident. If the defense can prove you were speeding or making an illegal lane change, you may be found partially or entirely at fault for the crash. Under Iowa's comparative fault system, if you are found to be partially at fault, your damages are reduced proportionally to your percentage of fault. If you are found to be more than 50 percent at fault, you may be barred from recovering any damages at all.

You Were Driving While Impaired

If the other side can show that you were under the influence of drugs or alcohol at the time of the accident, your ability to recover damages will be severely hindered. In many cases, demonstrated impairment will prevent you from recovering compensation entirely. The insurance company or court will assign a percentage of fault based on the level of impairment, which directly affects the damages you can recover.

You Were Not Wearing a Helmet

While Iowa does not legally require you to wear a helmet, not wearing one can still become an issue in your motorcycle accident claim if you suffered head or neck injuries. The insurance company may argue that your injuries would not have been as severe had you been wearing a helmet at the time of the crash. This argument is aimed at increasing your comparative negligence and, therefore, reducing the damages you are entitled to receive. An experienced attorney can help establish that helmet use did not have an impact on your specific injury severity, pushing back against this line of argument.

What You Need to Know to Protect Your Motorcycle Injury Claim

Regardless of the specific circumstances of your accident in Le Claire, there are several steps you can take right away to preserve and strengthen your claim. The following are critical to helping you receive a fair outcome for your injuries.

Tell Your Doctor Everything That Hurts

One of the most important pieces of evidence in any injury claim is how you feel and how your injuries have affected your ability to function day to day. Your doctor is required to keep accurate and detailed records of your medical history and care. These records include your description of how you were injured, your physical complaints, the doctor's examination findings, and the treatment provided. Insurance companies will base their offer on this information. If you fail to tell your doctor about a symptom, it will not be treated properly and no one will know about it. If you first complain about a problem weeks or months after the accident, the insurance company will argue that it was not caused by the crash and reduce their offer accordingly.

Follow Your Doctor's Orders

If your doctor recommends therapy three days a week and you only attend once a week, you are damaging your own claim. Insurance companies will point to gaps in treatment as evidence that you could not have been as seriously injured as you claim. Following your doctor's recommendations exactly as prescribed is critical to maintaining the integrity of your injury claim.

Keep a Diary to Document Your Injuries

Few people ever think to write down how they feel after an accident, but it can be one of the most valuable things you do. A daily diary that documents your pain levels, your physical limitations, and how your injuries affect your ability to work and enjoy life provides an accurate and contemporaneous account that supports your claim. It helps prove the true extent of your injuries and can meaningfully increase the evaluated value of your case.

Keep Documentation of Missed Work

Lost income is a compensable part of a motorcycle injury claim, but you must be able to document it. Keep every doctor's excuse for missed work and track all time spent away from work for medical appointments. This documentation provides the evidence needed to support a claim for lost wages.

Be Careful What You Say

Insurance companies and their attorneys will use anything and everything you tell them against your claim. Do not provide recorded statements to any insurance adjuster before consulting with an attorney. At the same time, always tell the truth. Even a small misstatement can destroy your credibility and seriously harm your case. The safest policy is to be honest at all times so you never have to worry about what you said or when you said it.

How Iowa's Comparative Fault System Affects Your Claim

Iowa follows a comparative fault system in personal injury cases, which means that if you are found to be partially responsible for the accident, your damages are reduced by your percentage of fault. This is why the defenses described above matter so much. Insurance companies look for any opportunity to assign fault to the injured motorcyclist, whether through speeding, impairment, a helmet argument, or a technical regulation violation, in order to reduce what they owe. Having an experienced Le Claire motorcycle accident attorney on your side means having someone who will anticipate these tactics and build a case that counters them effectively.

Legal Help for Injured Motorcyclists in Le Claire

Pursuing a motorcycle accident claim on your own while recovering from serious injuries is an enormous challenge. The insurance company representing the other driver has experienced adjusters and legal teams working to protect their financial interests, not yours. You deserve representation that understands how these cases work, what defenses will be raised, and how to build the strongest possible claim on your behalf.

At Walker, Billingsley & Bair, our personal injury attorneys will fight to prove the other party was at fault and help you recover the compensation to which you are entitled. We can anticipate the other side's defenses and address them appropriately, giving your claim the foundation it needs to succeed. To learn more about protecting your rights after a motorcycle crash, you can also read about common defenses against motorcycle accident claims in Iowa and what you need to know about your motorcycle injury claim.

If you would like additional information before taking the next step, you can request a free copy of the Iowa Consumer's Guide to Motorcycle Crashes, which is available at no cost because too many hardworking Iowans hurt in motorcycle accidents have made costly, preventable mistakes. The guide covers the 9 insider secrets to keeping your case on track, and you can review it in the comfort of your own home with no risk or pressure.

Consulting a Le Claire 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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