Marion Motorcycle Accident Injury Attorneys

Motorcycle accidents in Iowa can produce some of the most serious injuries seen on the road. Riders have virtually no protective barrier between their bodies and the pavement, other vehicles, or roadside objects, which means the physical and financial consequences of a crash caused by another driver's negligence can be devastating. For Marion motorcyclists who have been injured, understanding what types of broken bone injuries are most common in these crashes, how insurance companies approach your claim, and what goes into a fair settlement are the three most critical areas of knowledge that will shape the outcome of your case. Walker, Billingsley & Bair has helped injured Iowa riders pursue the compensation they deserve, and this guide draws directly from their expertise.

Broken Bones from a Motorcycle Accident in Iowa

Motorcyclists are uniquely vulnerable to fractures in a crash. Riders have very little protection in the event of an accident, and whatever is on their bodies, such as a helmet, is generally all that stands between them and severe injury. According to the Iowa Department of Transportation, there were over 1,000 motorcycle injury crashes in Iowa in 2012 alone. Injuries following a crash can be extremely painful, expensive to treat, and may require an extensive healing period. Broken bones are among the most common injuries motorcyclists sustain.

Signs and Symptoms of a Broken Bone After a Motorcycle Crash

The most immediately recognizable characteristic of a broken bone is intense pain at the affected area. Other signs that a bone may be fractured include swelling, bruising, bleeding, and limited mobility at the injury site. Numbness and tingling are also common, particularly when the fracture affects a limb or area near the spine. In more severe breaks, the skin may be broken with a bone protruding through, or the affected limb or joint may appear visibly misshapen or out of place. Any of these signs following a motorcycle crash warrant immediate medical evaluation.

Bones Commonly Broken in Motorcycle Accidents

There is no limit to which bones can be fractured in a motorcycle collision. The specific bones injured depend on multiple factors including the severity of the accident, the angle of impact, the speed at which the motorcyclist was traveling, and which part of the body absorbed the greatest force of the crash.

Rib fractures are common in motorcycle accidents because the trauma of a rider's torso striking the ground, another vehicle, or a fixed object can deliver enormous compressive force to the chest. Collarbone fractures occur frequently as well, often when a rider is thrown and absorbs the impact through the shoulder. Leg and arm fractures happen when a rider reaches out instinctively to brace a fall or when a limb is caught between the motorcycle and another surface. Spinal fractures and pelvis breaks are among the most serious and can have consequences that extend far beyond the initial healing period.

Recovery Time and Long-Term Complications

Treatment for a broken bone varies significantly depending on the location and severity of the fracture. Cast immobilization is typically used for breaks in the arms and legs. A functional cast or brace may be sufficient for minor breaks. More serious fractures often require surgery to properly align and stabilize the bone.

Spinal fractures carry the greatest potential for permanent harm. If a break of the spinal column causes any disturbance to the spinal cord, injuries can be severe and permanent, including the possibility of paralysis. Even fractures that heal without surgical intervention can produce lasting consequences. Post-traumatic arthritis, for example, may develop at the site of an old fracture and cause significant pain and reduced function in the years following the original crash. These long-term complications are a critical part of why a motorcycle injury claim must account for future medical costs, not just the immediate treatment expenses.

Liability and What You Can Recover

If your motorcycle accident and the broken bone injuries you sustained were the result of another driver's negligent or irresponsible actions, that driver may be held liable for the full scope of your damages. Recoverable damages may include medical expenses and future medical expenses, lost wages suffered during recovery, and compensation for pain and suffering. Iowa law requires that a motorcycle injury case be filed within two years of the injury occurring if the victim wishes to recover damages. This deadline makes speaking with an attorney quickly after the crash one of the most important steps a Marion rider can take.

Why the Insurance Company Is Not Always on Your Side

After a motorcycle accident, the insurance company may contact you quickly with what appears to be a helpful and cooperative approach. Do not let that surface-level friendliness mislead you. Insurance companies are in business to make a profit, and they would rather collect premiums than pay claims. The insurance adjuster is not on your side and is under no obligation to help you. They are not even required by law to tell you the truth. Understanding this reality is the foundation of protecting yourself and your motorcycle injury claim.

Always Tell the Truth, But Know What You Are Sharing

The insurance adjuster's primary objective is to pay you as little money as possible and get your case closed. They will not simply accept what you say and will require documentation for lost wages, medical care, and any prior medical treatment. If you forget about prior medical treatment or provide inaccurate information, the adjuster will likely find out through insurance databases and reduce their offer accordingly. Always be truthful, but understand that honesty does not require volunteering information that falls outside the scope of what is being asked.

Recorded Statements: What You Need to Know

You are generally not required to provide a recorded statement to the other party's insurance company. If they insist on taking a statement, you may agree to provide one that is not recorded. In workers' compensation cases, you do have a duty to assist in the investigation of your claim, and refusing to cooperate could result in a denial. If you do provide a recorded statement of any kind, treat it with the same seriousness as a deposition given under oath. If you are asked a question you do not understand, say so before answering. Be especially careful of broad questions such as whether you have ever had back pain before, which asks about your entire lifetime, not just the time of the injury. An inaccurate answer to that type of question, even if unintentional, can severely damage your credibility and your case.

Do Not Hide Prior Accidents or Injuries

Insurance companies maintain databases that contain all prior claims filed by individuals throughout the United States, covering both property damage and personal injury. If you are not truthful about prior accidents or insurance claims when asked during the claims process, it will raise a red flag in your file and may significantly hurt your case. Disclosure of relevant prior history is always the correct approach. Prior injuries do not necessarily defeat a motorcycle injury claim, but concealing them often does.

Be Matter-of-Fact in All Communications

Insurance adjusters handle hundreds of files per year and are trained to look for anything that could reduce the value of a claim. Volunteering personal information unrelated to your injuries, such as problems at home or in other areas of your life, can give an adjuster ammunition to attribute some of your suffering to causes other than the crash. Stick to the facts of your case and provide only the information being directly asked for. Avoid getting angry with an adjuster. If you become visibly upset, the adjuster will note that you are easy to provoke, and this would be likely to work against you in front of a judge or jury. Stay calm. If you feel yourself getting upset during a call or in-person meeting, tell the adjuster you need a few minutes and step away, or tell them you will call back.

Know Your Statute of Limitations

Under Iowa law, the general statute of limitations for filing a personal injury claim is two years from the date of the injury. However, there are important exceptions. If you were injured by a drunk driver, you may have only 180 days to provide notice to the bar or establishment that served the driver. If you received weekly workers' compensation benefits, your statute may extend beyond the two-year mark. If you are unfamiliar with the Iowa laws that apply to your specific motorcycle accident case, consult a qualified attorney before time runs out. Walker, Billingsley & Bair provides confidential, no-cost consultations and will explain exactly what deadline applies in your situation.

Do Not Settle Too Early or Wait Too Long

Settling too early means giving up all rights to future compensation and medical care in exchange for a lump sum that may not cover the full extent of your injuries. Before agreeing to any settlement, make sure you understand all the terms in writing, including which medical bills are being paid and who is responsible for reimbursing your health insurance company through subrogation. Failing to address subrogation in a settlement can result in being required to pay your health insurance back out of your own pocket after the settlement is already spent.

At the same time, waiting until the very last minute before the statute of limitations expires to pursue your claim creates serious problems. Waiting does not put pressure on the insurance company, it puts pressure on you. Most qualified Iowa injury attorneys need at least 120 days before the statute expires to properly investigate the case, identify all responsible parties, and prepare the necessary legal filings. If you try to negotiate at the very end and fail, finding an attorney willing to take your case with only weeks remaining on the deadline becomes extremely difficult.

Do You Have to Accept the Insurance Company's Settlement Offer?

One of the most important things a Marion motorcycle accident victim needs to know is that they are never required to accept the first settlement offer from an insurance company. In Iowa, you definitely do not have to accept an insurance company's settlement offer, but there are several important things to keep in mind before making that decision.

First, consider whether your injuries are minor enough that settling without an attorney makes sense to avoid paying a percentage of your recovery in fees. Second, if your medical bills were paid by your health insurer or another insurance company, be clear on who will be reimbursing them. Subrogation provisions in insurance policies require repayment when another party compensates you for those same medical expenses, and failing to account for this can cost you your entire settlement. Third, be fully aware of how much time remains before the statute of limitations expires on your claim.

Settlement Negotiations and How to Evaluate Your Claim

Keep in mind that the insurance company's first offer is very rarely its best offer. If you are representing yourself, you should negotiate with the adjuster, but do so carefully. Do not lie. Be aware that anything you tell the adjuster can and will be used against you if the case proceeds to a lawsuit. Know the facts of your case, including how you were injured, which providers you have treated with, and what conditions you have been diagnosed with. Do not threaten the adjuster. Being respectful and factual is far more effective than being confrontational.

Before agreeing to any settlement in a motorcycle accident case involving serious injuries, speaking with a qualified Iowa injury attorney is always advisable. The full value of a motorcycle injury claim is shaped by the severity and extent of the injuries, whether multiple body parts were affected, whether there are objective injuries such as broken bones that are clearly documented, whether the victim was hospitalized, whether surgery was required, how much time was missed from work, how much insurance coverage is available, and whether there is a claim for underinsured motorist coverage. An attorney who deals with insurance companies on a daily basis and has handled hundreds of similar cases is far better positioned to assess whether an offer reflects the true value of the claim.

Consulting a Marion 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. 

More Info on Marion Attorneys