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- Rock Rapids Motorcycle Accident Injury Attorneys
- Phone: 641-792-3595
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A motorcycle accident can leave victims and their families reeling. Motorcyclists have considerably less protection compared to other drivers, which can leave them vulnerable to catastrophic injuries like head trauma, spinal cord injuries, road rash, and fractures. On top of the physical toll, riders often face significant financial burdens and emotional damages. Below, the Rock Rapids motorcycle attorneys at Walker, Billingsley & Bair explain how to prove the other driver's fault, what motorcycle insurance coverage should look like, and how an experienced attorney can strengthen the value of a claim.
Filing a Claim for Motorcycle Accident Injuries
To recover damages in an injury claim after a motorcycle accident in Rock Rapids, a rider needs to prove that the other driver was at fault. In the most basic terms, this means the other driver committed an act that breached their duty to drive in a safe, reasonable manner to prevent injury to others, and that this negligence led to the motorcycle accident.
How Do I Establish the Other Driver's Negligence?
Some drivers may not account for motorcyclists when changing lanes and driving in general. For example, a driver may not check for bikes when turning left. If a motorcycle is coming straight through the intersection, it can lead to a serious collision.
To prove that the other driver acted negligently, a case must present valid evidence. This can include a police report that indicates the cause and circumstances of the collision, as well as any citations, such as improper turn or speeding citations, issued to either driver.
Photos and Video
Photos of the scene and injuries, along with video footage of the accident, can help establish exactly how the crash happened.
Eyewitness Statements
Statements from people who saw the crash unfold can be some of the most valuable evidence in a motorcycle accident claim.
The Damaged Vehicles
The vehicles involved in the accident, including the damage patterns on the motorcycle and the other vehicle, can also serve as evidence of fault.
- Keep all medical appointments.
- Contact the insurance company.
- Keep all documents and communications pertaining to the accident.
How Do Negligence and Helmet Laws in Iowa Affect My Case?
Iowa does not have a helmet law, so motorcyclists who did not wear a helmet are not in violation of any laws. However, failure to wear a helmet still may affect an injury claim in some cases, particularly if the rider injured his or her head in the accident.
Iowa follows a modified comparative negligence system in which claimants can recover damages, even if they are partially at fault, provided they are no more than 50 percent at fault for an accident. Damage awards are reduced by the individual's percentage of fault. So if a Rock Rapids rider was not wearing a helmet and suffered a head injury when another driver merged into his lane, the rider may be assigned a percentage of fault for the injury based on the decision not to wear a helmet. This depends on the specific circumstances of the case, and on whether the injury would have occurred regardless of helmet use. Helmet use will not be a factor for a rider who suffers road rash on the leg, for example, since a helmet would not have protected the leg from that injury.
What Types of Damages Might I Recover?
Economic damages in a motorcycle wreck can cover, but are not limited to, current and future loss of income and medical bills. Catastrophic injuries can require significant medical care in the future, such as home care for a brain or spinal cord injury, or additional surgeries, so it is important to account for this when calculating losses. Noneconomic damages are also recoverable, which may include pain and suffering, mental anguish, reduced quality of life, and others.
Motorcycle Insurance Coverage: Default May Not Be Enough
Iowa motorcyclists who do not carry motorcycle insurance can lose their licenses if pulled over, per the Iowa Financial and Safety Responsibility Act. Additionally, a biker can be held responsible for the full cost of all repairs and medical bills if found at fault for an accident. Investigating what a motorcycle insurance company has to offer beyond the basics is worth the time for any Rock Rapids rider, since coverage is about more than just bodily injury and property damage liability.
Uninsured/Underinsured Motorist Coverage
While a rider may carry insurance, not all drivers do, and if involved in an accident caused by another driver, that driver's insurance may not be enough to pay for the resulting injuries. Uninsured and underinsured motorist coverage helps ensure damages are paid even when the at-fault driver's policy falls short.
Comprehensive and Collision Coverage
Comprehensive coverage pays for damage to a motorcycle from causes other than a motor vehicle accident, such as flood, fire, or vandalism. Collision coverage helps cover the cost of repairs if the bike is involved in an accident caused by colliding with another object rather than another motor vehicle.
Medical Expense Coverage
Medical expense coverage is one of the most valuable options available, since it pays for the medical expenses of both the rider and any passengers in the event of an accident, no matter who caused it.
Roadside Assistance Coverage
If a rider has an accident while on a ride, runs out of gas, or experiences a breakdown, roadside assistance coverage provides free towing. Excursion diversion insurance, also called interrupted trip insurance, pairs well with roadside assistance, since it provides lodging, food, and transportation if an accident occurs more than 100 miles from home.
When Insurance Coverage Is Not Enough
Despite the many insurance options available to motorcyclists, sometimes the damages resulting from an accident are so severe that insurance alone is not enough. When this happens, a Rock Rapids rider should consider filing a personal injury lawsuit to recover the total cost of all damages incurred. In Iowa, a claim must generally be filed within two years under Iowa Code 614.1.
How an Iowa Injury Lawyer Strengthens Your Case Value
When a Rock Rapids rider has been injured in an accident, the insurance company's first offer rarely reflects the true value of the claim. Without proper legal representation, a victim could be leaving thousands of dollars on the table. Most accident victims do not realize their case may be worth significantly more than what insurance adjusters initially propose. A personal injury attorney who practices primarily in personal injury law has the experience and knowledge to uncover the full value of a claim that insurance companies are trained to minimize or hide.
Building the True Value of a Case
An attorney increases case value through several strategic actions, such as obtaining doctors' reports and medical opinions when necessary to prove causation between the injuries and the accident. This documentation establishes a clear link that strengthens the claim and justifies the compensation sought. An attorney also secures expert opinions on the cost of future medical care. Insurance adjusters often focus only on current medical bills, ignoring the long-term financial impact of an injury. An attorney records the future medical needs of a Rock Rapids client to help ensure payment for the full recovery, not just the immediate medical expenses.
Having an attorney who has handled many injury cases allows for a realistic range of a case's worth once all the facts and medical opinions have been gathered. This valuation comes from years of experience with similar Iowa injury cases and knowledge of how juries and insurance companies assess damages, and it enables a victim to reject a lowball settlement that fails to account for all their losses.
Handling Subrogation and Liens
An attorney can add significant value by managing subrogation claims, which are claims made by health insurance or motor vehicle insurance seeking reimbursement from a settlement. An attorney who knows the law can properly deal with these subrogation claims and often put more money in a client's pocket just by being involved. Doctors, insurance companies, welfare benefit plans, and employers may also assert liens claiming they are entitled to all or part of a recovery. An attorney reviews and analyzes the validity of any liens on a case, challenging incorrect or excessive claims that would reduce the settlement.
Comprehensive Investigation and Insurance Policy Review
To maximize case value, an attorney conducts a thorough investigation, gathering documentary evidence such as police accident reports, medical records, and bills. When necessary, attorneys hire investigators to interview witnesses, locate additional witnesses, and collect other evidence, such as photographs of vehicles and accident scenes. An experienced attorney also analyzes a Rock Rapids client's insurance policy to identify coverages that could pay all or a portion of the medical bills while the claim is pending, since many accident victims are unaware of coverage options within their own policies that can provide immediate financial relief.
Avoiding Costly Mistakes
An attorney also helps a Rock Rapids rider avoid common mistakes that could cost thousands of dollars, such as giving recorded statements to insurance adjusters, accepting quick settlement offers before understanding the full extent of injuries, missing important filing deadlines, or failing to properly document damages. Iowa injury attorneys typically work on a contingency fee basis, meaning they only get paid if the case is successful, so all of this work is done at no upfront risk to the client.
Protecting Your Rock Rapids Motorcycle Accident Claim
Whether a Rock Rapids rider is working to prove another driver's negligence, reviewing motorcycle insurance coverage, or trying to understand the true value of a claim, having an experienced attorney involved can make a significant difference in the outcome. Motorcycle accidents often bring catastrophic injuries and complicated insurance questions that are best handled with professional guidance from the very start.
Consulting a Rock Rapids 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.