Marshalltown Motorcycle Accident Injury Attorneys

Motorcycle accidents in Iowa are often catastrophic. Unlike drivers inside enclosed vehicles, motorcyclists and their passengers have almost no physical protection in a crash, and the resulting injuries can be severe, life-altering, and financially devastating. Whether you were riding as a passenger on a friend's bike, are wondering how Iowa's helmet laws might affect your claim, or want to make sure you have the right insurance coverage before something goes wrong, understanding the legal landscape is critical to protecting yourself and your financial future. The motorcycle accident attorneys at Walker, Billingsley & Bair serve Marshalltown and all of Marshall County, and they are ready to fight for the full compensation you deserve after a crash.

Iowa Motorcycle Insurance: What You Are Required to Carry and What You Should Consider

Iowa motorcyclists who do not carry motorcycle insurance can lose their licenses if pulled over by law enforcement, per the Iowa Financial and Safety Responsibility Act. A rider who causes an accident without coverage can also be held personally responsible for the full cost of all repairs and medical bills. Understanding both the minimum requirements and the optional coverage types available is one of the most important steps any Marshalltown motorcyclist can take to protect themselves and their passengers.

Iowa's Minimum Motorcycle Insurance Requirements

In Iowa, motorcyclists are required to carry a minimum coverage level of 20/40/15. This means at least $20,000 in bodily injury liability coverage for one person, $40,000 in bodily injury liability for all injuries in a single accident, and $15,000 for property damage. While these are the legal minimums, many motorcyclists and motorists choose to carry higher coverage limits. As the following sections make clear, the minimum coverage is often far from enough when a serious crash occurs.

Uninsured and Underinsured Motorist Coverage

One of the most important optional coverages an Iowa motorcyclist can carry is uninsured and underinsured motorist coverage. While you may carry insurance, not all drivers do, and if you are in an accident caused by another driver, that driver's policy may not be sufficient to cover the full extent of your injuries and losses. By purchasing uninsured and underinsured motorist coverage, you help ensure that your damages are paid even when the at-fault driver has no insurance or carries only minimal coverage.

Comprehensive and Collision Coverage

Comprehensive coverage pays for damages that occur to your motorcycle for reasons other than a motor vehicle accident, such as damage caused by flooding, fire, or vandalism. Collision coverage, by contrast, helps cover the cost of repairs when you are involved in an accident caused by colliding with another object other than a motor vehicle. Together, these two types of coverage protect your bike investment under a wide range of scenarios.

Medical Expense Coverage

Medical expense coverage is one of the most valuable optional coverage types available to Iowa motorcyclists. It pays for the medical expenses of both the rider and any passengers in the event of an accident, regardless of who caused the crash. For riders who regularly carry passengers, this coverage provides an immediate layer of financial protection that does not depend on fault determinations.

Roadside Assistance and Excursion Diversion Coverage

If you have an accident while on a ride, run out of gas, or experience a mechanical breakdown, roadside assistance coverage provides you with free towing. Excursion diversion insurance, sometimes referred to as interrupted trip insurance, pairs well with roadside assistance. It provides riders with lodging, food, and transportation in the event of an accident that occurs more than 100 miles from their home. Taking time to review the pre-ride safety checklist for Iowa bikers before each trip can also reduce the likelihood of needing these coverages with any frequency.

When Insurance Coverage Is Not Enough

Despite the many types of motorcycle insurance options available, sometimes the damages that result from a serious accident far exceed what any policy will pay. When this happens, filing a personal injury lawsuit for damages may be necessary to recover the total cost of all losses incurred. In Iowa, such a claim must be filed within two years under Iowa Code 614.1. An experienced Marshalltown motorcycle accident attorney can represent you in dealings with insurance companies and, when necessary, in pursuing a personal injury lawsuit to recover everything you are owed.

Filing a Motorcycle Accident Claim as a Passenger in Iowa

Many people do not realize that motorcycle accident victims who were passengers on a friend's bike have the right to file an injury claim against the at-fault party. Whether that claim is made against the motorcyclist's insurance policy or against another party, such as the driver of a passenger vehicle, depends largely on who was at fault for the crash and what types of coverage are available.

When the Motorcycle Driver Is at Fault

When the driver of the motorcycle is responsible for the accident, his or her coverage may pay for damages sustained by an injured passenger. Bodily injury liability coverage would compensate injuries up to the limits of the policy. As described above, Iowa requires a minimum of $40,000 in bodily injury liability for all injuries in a single accident, but when multiple people are seriously hurt, that amount can be quickly exhausted. Some motorcyclists also carry medical payments coverage, which pays for medical costs regardless of fault and can provide passengers with an additional source of financial relief.

When Another Driver Is at Fault

If a third party, such as the driver of a passenger vehicle, was responsible for causing the accident, the injured passenger may file a bodily injury claim directly against that driver's insurance company. Passengers may also use their own personal coverage to initially cover costs while pursuing compensation from the at-fault party. The important thing is to understand all available sources of recovery before settling or accepting any offer.

What Happens When Policy Limits Are Not Enough

Insurance coverage limits frequently fall short in serious motorcycle accident cases. Consider a situation where a driver runs a red light and collides with a motorcycle carrying both a rider and a passenger. Both occupants are injured. If the at-fault driver carries only the minimum coverage, the available $40,000 in bodily injury liability may not be nearly enough to compensate everyone for their losses. In these situations, filing a personal injury lawsuit against the at-fault party becomes a necessary option. While minor insurance claims can sometimes be handled without an attorney, filing a lawsuit almost always requires experienced legal representation.

Damages a Motorcycle Passenger May Recover

A motorcycle accident victim who was riding as a passenger may be entitled to recover a significant range of damages. Medical and hospital costs associated with the injuries can be recovered in the claim or lawsuit. If the passenger is unable to work for days, weeks, or longer as a result of the injuries, lost earnings may also be addressed. Additional damages beyond hospital bills and lost wages can include compensation for pain and suffering, disability, and emotional distress. Consulting with an attorney is the most effective way for injured passengers to understand the full scope of compensation that may be available to them.

How Iowa's Motorcycle Helmet Laws May Affect Your Accident Claim

Iowa is one of only three states in the nation that has no motorcycle helmet law. This means that riders and passengers are within their legal rights to ride without a helmet. However, the absence of a legal requirement does not eliminate the legal consequences of that choice when a crash occurs. Riders or passengers who were not wearing a helmet at the time of an accident and who suffer a head or brain injury may be found partially liable for the severity of their own injuries.

It is a well-established fact that wearing a helmet can prevent traumatic brain and head injuries in a crash. Choosing not to wear a helmet, despite having the legal right to make that choice, may be characterized as an act of negligence, because a negligent act is one that fails to exercise a proper degree of care and is not necessarily something illegal.

When Helmet Use Becomes a Relevant Legal Factor

Whether or not a helmet was worn will not be a relevant factor in every accident case. Helmet use will likely only affect liability when the specific injury sustained is a head or brain injury. For example, if a motorcyclist was in a crash and suffered an injury to the lower body, the fact that no helmet was worn would be legally irrelevant, because the leg injury would have occurred regardless. On the other hand, if the injury was a head or brain injury that could have been prevented by wearing a helmet, the rider or passenger may be considered partially negligent for that injury.

Conversely, if you were wearing a helmet at the time of the crash, that fact can help demonstrate that you were exercising caution and care while riding, even though no law required it. This can work in your favor when the opposing side attempts to assign fault to you.

Iowa's Comparative Fault Laws and What They Mean for Your Recovery

Under Iowa's comparative fault laws, if a rider or passenger is found to be partially negligent for their injuries based on the absence of a helmet, the amount of damages they can recover will be diminished in proportion to their share of fault for those injuries. This means that even if another driver was primarily responsible for causing the crash, a finding that the injured person failed to exercise reasonable care by not wearing a helmet could reduce the total compensation received.

Because of this, it is critically important for injured motorcyclists and passengers to do everything possible to prove the fault of the other party and to demonstrate that their injuries either would have occurred regardless of helmet use or would have been worse had a helmet not been worn. The defense in these cases will work hard to argue contributory negligence, making experienced legal representation all the more important.

Proving the Negligence of the Other Driver

Negligence is the most important component of any motorcycle accident claim. If the accident would not have happened but for the negligence of another person, that must be proven through solid evidence. Types of evidence useful for proving negligence in a motorcycle accident case include police reports, lab tests if the other driver was impaired at the time of the crash, witness testimony, photographs of the accident scene and vehicles, video evidence, and physical evidence from the scene itself. Keep in mind that the other driver and their insurance company will also be working to prove your negligence. Seeking medical attention immediately after even a minor motorcycle accident and retaining legal representation as quickly as possible after that are both critical steps to protecting the strength of your claim.

Consulting a Marshalltown 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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