Mason City Motorcycle Accident Injury Attorneys

Motorcycle injury lawyers stand as devoted advocates for riders when disaster strikes. Specializing in motorcycle accident cases, they skillfully navigate legal challenges to ensure injured riders receive the justice and compensation they deserve.

Can I File a Motorcycle Accident Claim if I Did Not Have a Valid Motorcycle License?

If you were involved in a motorcycle accident in Iowa without a valid motorcycle license, you may still file a claim against the other driver. Not having a valid motorcycle license doesn’t necessarily determine fault in an accident and does not prevent you from seeking compensation if the other driver caused the wreck.

While you might face penalties for operating a motorcycle without a license, the process of filing a motorcycle accident claim should follow the same procedure as any other accident liability claim.

Establishing Fault

Iowa operates under a modified comparative fault system. This means that each driver involved in an accident can recover damages unless they are more than 51 percent responsible for the accident. So even if you were unlicensed, you can still recover damages if the other driver is found mostly responsible for the accident.

To prove fault, you may need the following documentation:
- Photographs from the scene
- Witness testimonies
- Contact information of witnesses
- Contact information of the other driver
- Name of the driver’s insurance company

After the accident, you must fill out an Iowa Accident Report if the accident resulted in death, personal injury, or property damage of at least $1,500. If law enforcement investigated the accident, the report is not required. Otherwise, return the report via mail to the Iowa Department of Transportation within 72 hours.

Next, contact the other driver’s insurance company to report the accident and present the evidence to establish that the other driver was at fault.

Dealing with Insurance Companies

Filing a motorcycle accident claim can be tedious, especially if you were unlicensed at the time of the accident. The insurance company may argue that your lack of a valid motorcycle license indicates fault. It is essential to present convincing evidence that you are less than 51 percent at fault and that the other driver is primarily responsible.

Important Safety Tips for Beginner Motorcyclists

Motorcycles are an economical alternative to cars, but they come with significant risks. If you or a loved one has just purchased a motorcycle or is considering buying one, you should be aware of these risks and take appropriate safety measures:

- Ride with your lights on at all times
- Wear protective clothing and gear (including a helmet, clothing that covers your skin, and fully enclosed shoes)
- Follow all traffic laws
- Be aware of your surroundings and other drivers
- Never ride under the influence of alcohol or when extremely tired

Ensure your motorcycle is in good condition before riding. Check all lights, tire pressure, and brakes, especially before long rides.

Filing a Claim for Motorcycle Accident Injuries in Iowa

Motorcycle accidents can result in severe injuries like head trauma, spinal cord injuries, road rash, and fractures. Victims and their families often face financial burdens and emotional distress. To recover damages, you must prove that the other driver was at fault. This involves demonstrating that the other driver’s negligence led to the accident.

Proving Negligence

Negligence can be proven with evidence such as:
- Police reports indicating the cause of the collision and any citations issued
- Photos of the scene and injuries
- Videos of the accident
- Eyewitness statements
- Documentation of the damage to the vehicles

It’s essential to keep all medical appointments, contact the insurance company, and maintain all documents and communications related to the accident.

Helmet Laws and Comparative Negligence

Iowa does not have a helmet law, so motorcyclists who did not wear a helmet are not violating any laws. However, not wearing a helmet may affect your injury claim if you suffered head injuries. Under Iowa’s modified comparative negligence system, you can recover damages even if you are partially at fault, provided you are no more than 50 percent responsible. Your damage award will be reduced by your percentage of fault.

For example, if you were not wearing a helmet and are found 10 percent responsible for your injuries, a $50,000 award would be reduced to $45,000. However, this depends on the specifics of the case and whether the injury would have occurred regardless of helmet use.

Types of Recoverable Damages

In a motorcycle accident claim, you can recover both economic and noneconomic damages:

- Economic damages: Current and future loss of income, medical bills, and costs of future medical care.
- Noneconomic damages: Pain and suffering, mental anguish, and reduced quality of life.

Consulting a 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.