- North Liberty Motorcycle Accident Injury Attorneys
- Phone: 641-792-3595
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Motorcycle injury attorneys stand firm as advocates for riders when disaster hits. With a focus on motorcycle accidents, they adeptly handle legal complexities to ensure justice and compensation for the injured.
Filing a Motorcycle Accident Claim as a Passenger: Your Legal Rights and Options
Motorcycle accidents can be devastating, especially for passengers who have little control over the situation. If you were injured as a passenger on a friend’s bike, you have the right to file an injury claim against the at-fault party. This could be the motorcyclist’s insurance policy or another party, such as the driver of a passenger vehicle, depending on who was at fault for the accident.
Understanding Motorcycle Insurance in Iowa
In Iowa, motorcyclists are required to carry a minimum level of insurance coverage:
- $20,000 in bodily injury liability for one person
- $40,000 in bodily injury liability for all injuries in one accident
- $15,000 for property damage
When the motorcyclist is at fault, their insurance might cover damages for an injured passenger. If another party caused the accident, the passenger could file a claim against that party’s insurance. Many motorists carry higher insurance coverage, and some have medical payments coverage, which pays for medical care regardless of fault. Passengers might use their own coverage initially before seeking compensation from the at-fault party.
When Insurance Coverage Isn’t Enough
Sometimes, the at-fault party’s insurance may not fully cover the damages. For instance, if a driver runs a red light and hits a motorcycle, injuring both the passenger and the motorcyclist, the driver’s minimum bodily injury liability coverage might not suffice for everyone’s damages. In such cases, filing a lawsuit against the responsible party might be necessary, which typically requires legal representation.
Recoverable Damages for Motorcycle Accident Passengers
Passengers injured in motorcycle accidents often face severe injuries and significant medical expenses. The damages recoverable through a claim or lawsuit might include:
- Medical and hospital costs
- Lost wages if unable to work
- Pain and suffering
- Disability
- Emotional distress
Consulting with an attorney can help injured passengers understand all potential forms of compensation.
What If You Are Partially at Fault?
If you are found partially at fault in an Iowa motorcycle accident, your compensation will be reduced by your degree of fault. Under Iowa’s comparative negligence rules, as long as you are less than 51% responsible for the accident, you can still pursue financial compensation.
For example, if your settlement is $100,000 but you are found 25% at fault, you will receive $75,000. Proving fault and negligence is crucial, and an experienced attorney can help you collect evidence and demonstrate your case effectively to insurance adjusters or in court.
The Importance of Replacing Your Motorcycle Helmet After an Accident
Even minor motorcycle accidents can cause significant but invisible damage to a helmet. According to the Motorcycle Safety Foundation, if your head struck anything during an accident, the helmet likely absorbed some impact shock, which can compromise its effectiveness in future incidents.
Most helmet manufacturers are willing to inspect and repair damaged helmets, but when in doubt, it’s best to replace the helmet. The same advice applies if the helmet is dropped from a significant height or falls from a moving vehicle, as this can also cause internal damage.
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.