Park View Motorcycle Accident Injury Attorneys

A motorcycle accident can cause serious injury, especially given how vulnerable motorcyclists are in relation to other motorists on the road. Victims and their families face devastation in terms of physical, emotional, and financial consequences after such an accident. Below, the Park View motorcycle attorneys at Walker, Billingsley & Bair explain the common injuries motorcyclists suffer, the legal options available for recovering damages, and why it is important to think carefully before trusting the insurance company with your claim.

Common Types of Serious Motorcycle Injuries

It is hard to list every possible injury that can occur from a motorcycle wreck in Park View, but some of the most common include broken bones, burns, internal bleeding, head injuries, and spinal cord injuries. In the event of a motorcycle collision, virtually any part of the body becomes susceptible to fractures. In cases of severe breaks, where bones protrude through the skin, the risk of infection is heightened. Specific fracture types may bring further complications, since prolonged immobilization can elevate the danger of blood clots or bedsores.

The toll from severe motorcycle injuries can include substantial medical expenses and long-term care costs for Park View victims and their families. Lost wages may compound the financial burden, especially if returning to work becomes unrealistic for an extended period. A motorcycle accident attorney can help pursue comprehensive compensation, covering financial damages as well as pain and suffering.

What Are My Options for Recovering Damages?

Minimum auto liability insurance requirements in Iowa are $20,000 per person and $40,000 per accident in bodily injury liability, along with $15,000 per accident in property damage liability. A Park View motorcyclist injured by another driver can file a claim with that driver's liability insurance.

To succeed on a claim, a motorcyclist must establish that the driver was negligent and that the driver's negligence led to the accident. The motorcyclist must also establish that they were injured in the crash and suffered damages as a result.

If the accident involves an uninsured driver, or if the at-fault driver's insurance does not cover the full extent of the damages, the motorcyclist can file a claim under their own uninsured and underinsured motorist (UM/UIM) coverage, if it is included on their policy. In some cases, an insurance company will fail to offer a fair settlement or will deny a claim outright, which may make a personal injury lawsuit necessary to recover damages.

What Types of Compensation Can I Seek?

The types of damages sought in a motorcycle accident claim depend on the victim's individual losses and expenses. Some damages a Park View victim might seek include lost wages and reduced earning capacity, current and future medical bills, and pain and suffering.

What If I Was Not Wearing a Helmet or I Was at Fault?

Iowa does not require that a motorcyclist wear a helmet, so a rider who was not wearing one did not break the law. However, Iowa follows a modified comparative fault system, meaning partial negligence can reduce the amount of compensation a victim is able to recover.

If a Park View rider is more than 50 percent at fault for an accident, they cannot recover damages under Iowa law. If they are 50 percent at fault or less, they may still recover damages, but the total will be reduced proportionately to their percentage of fault.

Helmet use can factor into comparative negligence. If a rider was not wearing a helmet and suffered a head injury, that could increase their assigned percentage of fault. The exact percentage depends on the individual case. But if a rider without a helmet suffered an arm injury instead, helmet use would not factor into that particular injury and would not affect their comparative negligence for it.

Can I Trust the Insurance Company?

In Iowa alone, there are more than 100 insurance companies that sell insurance, with policies ranging from personal injury coverage to workers' compensation. Although people generally buy insurance to protect themselves against future loss, paying a premium does not mean the insurance company is going to look out for you. Some people assume that if they are injured, their own insurance company will pursue the at-fault driver on their behalf. That is simply not true. While your insurer will try to recover what it paid out for property damage, it is highly unlikely to pursue a claim for your personal injuries.

If you are dealing with another insurance company, such as the company for the driver who injured you, keep the following in mind.

Tips for Dealing With Insurance Companies

Tell the truth. Anything you say can be used against you by the insurance company and its lawyers. Even a small inconsistency can damage your credibility, so the safest approach is to always tell the truth. That way you never have to worry about what you said.

Be careful with the adjuster. When dealing with an insurance adjuster, watch what you say, since it could later be used against you. Insurance companies employ professionals to handle claims, so it is worth having a professional on your side as well. If you hire an injury attorney, that attorney will deal with the insurance company on your behalf.

Keep documentation. Document your damages by keeping a diary or journal of how you are feeling. This record can help prove the extent of your damages and support a higher evaluation of your claim. Keep doctors' excuses for missed work, track the time missed for appointments, and retain any medical bills or explanation of benefits forms from your health insurer.

Be thorough at medical appointments. The records generated during your visits to a doctor or physical therapist are critical. They include your description of how you were injured, your physical complaints, the doctor's examination findings, and the treatment you received. Tell your medical providers everything that hurts. The insurance company will base its offer heavily on this documentation, and if a problem is not reported until weeks or months after the crash, the insurer will likely argue it was unrelated and reduce its offer.

Attend medical appointments regularly. Failing to see a physician regularly can be treated as evidence that you have fully recovered, both by the insurance company and potentially by a judge or jury later on. If your doctor says to follow up as needed, that means returning in a few weeks if problems persist. Skipping that follow-up can be interpreted as a sign that you are no longer having problems.

Protecting Your Park View Motorcycle Accident Claim

A motorcycle accident can bring devastating injuries, complicated insurance negotiations, and difficult questions about fault. Understanding how Iowa's comparative fault system works, what types of compensation may be available, and how to handle communication with the insurance company can make a significant difference in the outcome of a claim. Park View riders and their families do not have to navigate this process alone.

Consulting a Park View 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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