Orange City Motorcycle Accident Injury Attorneys

When tragedy occurs, motorcycle injury attorneys act as steadfast advocates for riders. Specializing in motorcycle accidents, they expertly handle the legal system to ensure justice and compensation for injured riders.

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 and did not have a valid motorcycle license at the time, you may still file a motorcycle accident claim against the other driver. Not having a valid motorcycle license doesn’t necessarily have anything to do with fault in an accident and does not preclude you from filing a claim if the other driver caused the wreck.

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

Establishing Fault in a Motorcycle Accident

Iowa follows a modified comparative fault system. According to Iowa’s modified comparative fault law, each driver involved in an accident may recover damages unless he or she is more than 51 percent responsible for the accident. Therefore, even if you were unlicensed, if your motorcycle accident claim establishes that the other driver was mostly responsible for the accident, you can recover damages.

Documentation of your motorcycle accident can help you prove fault. At the scene of the accident, you may have:

- Taken photographs;
- Collected witness testimony;
- Jotted down witness contact information;
- Made note of the other driver’s contact information; and/or
- Gotten the name of the driver’s insurance company.

All of these items will come in handy when you file a claim against the other driver. Afterward, the first thing you must do when you are involved in a motorcycle accident is fill out an Iowa Accident Report if the accident resulted in death, personal injury, or total property damages of at least $1,500. If law enforcement investigated the accident, the report is not required. If you’re filling out the report, return it via mail to the Iowa Department of Transportation in Des Moines. Be sure to return the report within 72 hours.

Dealing with the Insurance Company

Once you have filled out an Iowa Accident Report and mailed it to the Iowa Department of Transportation, you should file an accident claim. To file the claim, contact the other driver’s insurance company and report the accident. You may then present the evidence mentioned above to establish that the other driver is to blame for the accident.

However, like filing any type of claim, filing a motorcycle accident claim can be a tedious task, especially if you were unlicensed at the time of the accident. The insurer may try to argue that you were at fault for the accident and may attempt to convince you that not having a valid motorcycle license is indicative of your fault. Thus, you must present convincing evidence that you are less than 51 percent at fault and that the other driver is actually to blame.

Broken Bones from a Motorcycle Accident in Iowa: Recovering Compensation for Your Damages

In 2012, there were over 1,000 motorcycle injury crashes in Iowa, according to the Iowa Department of Transportation. Injuries to a motorcyclist following a crash can be extremely painful, expensive to correct, and may require an extensive healing period. Some of the most common injuries that a motorcyclist may sustain as a result of an accident are broken bones.

Broken bones from a motorcycle accident can typically be remedied with proper medical care. In some cases, though, broken bones may lead to long-term complications and impairment. If you’re a motorcyclist who has suffered broken bones as a result of a motorcycle accident in Iowa, you may be able to pursue and recover compensation for your damages if another party caused the wreck.

Signs and Symptoms of a Broken Bone

Usually, the most distinct characteristic of a broken bone is intensive pain at the affected area. Other signs of a broken bone include:

- Swelling
- Bruising
- Bleeding
- Limited mobility at the site
- Numbness
- Tingling
- Broken skin with a protruding bone
- An obviously misshapen or out-of-place limb or joint

Commonly Broken Bones in Motorcycle Accidents

There is no limitation to the number or types of bones that may be broken in a motorcycle accident. Motorcyclists have very little protection in the event of an accident; whatever is on their bodies – like helmets – is generally all that is protecting them.

Broken bones depend upon multiple factors:

- Severity of the accident
- Angle of impact
- Speed that the motorcyclist was traveling
- The part of the body impacted

Motorcyclists might suffer rib fractures from the trauma that comes with their torso striking the ground, other vehicles, or an object. Collarbone, leg, arm, spine, and pelvis breaks are possible, too. The severity and type of break will determine healing and recovery time, as well as whether or not there is a risk for long-term complications.

Recovery Time and Long-Term Complications

Treatment for a broken bone will vary greatly depending upon the area and severity of the break. Cast immobilization, for example, will typically be used for breaks in the limbs (arms, legs). A functional cast or brace may also be used for minor breaks. Some serious breaks may require surgery to repair.

More serious breaks, such as a broken spine, can be particularly traumatizing. If a break of the spinal column causes any disturbance to the spinal cord, injuries can be severe and permanent. An injury to the spinal cord can cause permanent paralysis, for example.

Broken bone injuries have the potential to cause future complications. In some cases, for example, the condition known as post-traumatic arthritis may cause problems for a person later in life at the affected area.

Liability for Broken Bones from a Motorcycle Accident

If your motorcycle accident, and therefore your broken bone injuries, were the result of another driver’s negligent or irresponsible actions, that driver may be liable for the damages you sustain because of your injuries. Damages may be awarded for medical expenses and future medical expenses, lost wages that you suffer as a result of your injury, and even pain and suffering.

In Iowa, the law requires that you file a motorcycle injury case within two years of your injury occurring if you want to recover damages. As such, you need to get started on speaking with an attorney immediately.

What’s the Value of My Motorcycle Accident Claim if I Suffered Permanent Injuries?

It’s not easy to give an exact value for a motorcycle accident claim, even if that motorcycle wreck results in a permanent, disabling injury. That’s because no two cases are alike. The injuries differ in severity and the effects may not be exactly the same from one injured rider to the next.

Permanent Injuries and Economic Damages

One of the most important aspects of any injury claim – and one of the easiest to calculate – is the economic damages you’ve suffered. This entails adding up the wages you’ve missed while you’re recovering, the medical bills you’ve incurred as you sought treatment, and any other expenses related to the accident.

But permanent injuries cause lasting and sometimes lifelong damages that create additional expenses. In extreme cases, if you require long-term care such as an in-home nurse, you must account for those expenses.

The same goes for wages. You may have to work with your attorney and an expert witness may provide testimony regarding the effects of your permanent injuries on your ability to work. An expert may also estimate your lost wages related to the accident and your injuries.

The Health Council published a study in 2010 on the incidence and total lifetime costs of motor vehicle-related fatal and nonfatal injury by road user type and they determined that the medical care and lost productivity cost roughly $99 billion. Of that amount, motorcycle fatal and non-fatal injuries made up $12 billion.

Permanent Injuries and Non-economic Damages

Non-economic damages are more difficult to calculate because they don’t come with receipts. An insurance company may calculate the value of your noneconomic damages based on the value of your economic damages by using a multiplier based on the severity of your injuries.

For instance, a permanent and serious head injury may warrant more non-economic damages than a permanent knee injury.

Talk to your attorney about how best to estimate your non-economic damages. These may address:

- Pain and suffering;
- Mental anguish;
- Disfigurement; and
- Disability.

Hiring a Lawyer for Your Motorcycle Wreck Case

In addition to establishing your damages, you must also provide evidence of the other motorist’s fault if you’re pursuing a liability claim. If the other motorist tries to place some of the blame on you, you may have to present evidence that you were not to blame for the accident, or at least not as responsible as the other motorist is claiming.

Because of Iowa’s negligence laws, if you’re 51 percent or more at fault, you cannot recover damages; even if you’re less than 51 percent at fault, it will proportionally reduce the damages you can recover.

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.