Sheldon Motorcycle Accident Injury Attorneys

A motorcycle accident can leave victims and their families reeling. Unlike drivers of passenger vehicles, motorcyclists have considerably less physical protection surrounding them, which makes them far more vulnerable to catastrophic and life-changing injuries. When another driver's negligence causes a crash near Sheldon, Iowa, riders can face staggering medical bills, lost income, and an emotional toll that no one should have to manage alone.

While a motorcycle accident can be entirely overwhelming, taking early legal action is one of the most important decisions an injured rider can make. Understanding your rights, the evidence needed to support your claim, and the tactics insurance companies use to reduce what they pay you are all critical pieces of knowledge that can protect your recovery.

Injuries Sheldon Motorcycle Accident Victims Commonly Face

Even when riders are wearing proper safety gear, serious injuries are common in motorcycle accidents. The lack of a protective metal frame around the rider means that even a relatively low-speed collision can result in injuries that require extensive medical treatment. Common injuries in these crashes include:

• Head and brain injuries
• Broken bone injuries
• Burn injuries requiring skin grafts
• Soft tissue injuries
• Road rash
• Spinal cord injuries
• Fractures

Even if a rider has health and motorcycle insurance, these injuries can be enormously expensive. Catastrophic injuries can require significant medical care well into the future, such as in-home care for brain or spinal cord injuries, or additional surgeries down the road. If injuries carry a prolonged estimated recovery time, the rider may also be unable to return to work and earn an income for an extended period. Having an attorney on your side can help you recover damages for all of these expenses, both current and future.

How to Establish the Other Driver's Negligence

To recover damages in an injury claim after a motorcycle accident in Iowa, you need 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 and reasonable manner to prevent injury to others, and that the negligence directly led to the motorcycle accident.

Some drivers simply do not account for motorcyclists when changing lanes or making turns. For example, a driver may fail to check for bikes when turning left at an intersection. If a motorcycle is coming straight through at that moment, the result can be a serious and devastating collision. Common scenarios like this happen on Iowa roads every riding season.

Evidence That Supports a Motorcycle Accident Claim

To prove that the other driver acted negligently, your case must present valid and well-documented evidence. The types of evidence that can support a motorcycle accident claim in Sheldon include:

• A police report that documents the cause and circumstances of the collision, as well as any citations issued to either driver
• Photos of the accident scene and the injuries sustained
• Videos of the accident if available
• Eyewitness statements from people who saw the crash
• Physical evidence from the accident scene
• Medical documents, doctors' statements, and medical bills
• Key facts about the other driver, including any history of driving offenses
• Possible proof of intoxication of the other driver

As you prepare for your case, it is important that you keep all medical appointments, contact the insurance company to report the accident, and preserve all documents and communications related to the crash. These steps protect your rights and build the foundation of your claim.

Iowa's Helmet Laws and Comparative Negligence

Iowa does not have a helmet law, so motorcyclists who choose not to wear a helmet are not in violation of any state law. However, the decision not to wear a helmet can still affect an injury claim in certain circumstances, particularly if the rider suffered a head injury in the accident.

Iowa follows a modified comparative negligence system, which means that claimants can still recover damages even if they were partially at fault for an accident, provided they are no more than 50 percent responsible. However, any damage award is reduced by the individual's percentage of fault.

For example, if a rider was not wearing a helmet and suffered a head injury when another driver merged into their lane without looking, the rider may be assigned a percentage of fault for the head injury based on the choice not to wear protective headgear. If found to be 10 percent responsible and total damages were $50,000, the award would be reduced to $45,000. This outcome, however, depends heavily on the specific facts and whether the injury would have occurred regardless of helmet use. Helmet use is simply not a factor if the rider suffered injuries to parts of the body a helmet would not have protected, such as road rash on a leg or a broken arm.

These nuances are exactly why talking with a knowledgeable Sheldon motorcycle accident attorney is so important. The details of your case matter, and a qualified attorney can explain how Iowa's comparative fault rules apply to your specific situation. You can learn more about what happens if you were partially at fault in an Iowa motorcycle accident here.

What Damages Can Sheldon Motorcycle Accident Victims Recover?

Motorcycle accident victims in Iowa may be entitled to recover both economic and noneconomic damages, depending on the circumstances of their crash.

Economic damages can cover current and future loss of income as well as medical bills. Because catastrophic injuries often require significant ongoing medical care, such as home care following a brain or spinal cord injury or additional surgical procedures, it is important to account for these future costs when calculating the full extent of your losses. Failing to do so can leave you financially short years down the road.

Noneconomic damages are also recoverable in Iowa motorcycle accident claims. These may include pain and suffering, mental anguish, reduced quality of life, and other intangible losses. An experienced attorney understands how to properly document and present these damages to ensure they are fully accounted for in your claim.

Why You Should Talk to a Sheldon Motorcycle Accident Attorney Right Away

When a motorcycle accident occurs, the last thing most victims and their families are thinking about is legal action. Thoughts are naturally focused on injuries and recovery. While those priorities are understandable, meeting with an attorney as soon as possible is imperative. Here is why.

Navigating the Insurance System Is Not Straightforward

Who pays for your damages, whether that is your own insurance company or the other driver's, depends on a variety of circumstances, including who was at fault and what type of coverage is in place. Without first-hand knowledge of the insurance system, understanding what to do after an accident to ensure you receive your full benefits is not always clear. An experienced motorcycle accident attorney handles these details so you can focus on healing.

Insurance Companies Are Not on Your Side

This is one of the most important truths any injured rider in Sheldon needs to understand. Insurance companies are some of the most powerful corporations in the country, and their adjusters are trained to pay out as little as possible. There is no legal requirement that the insurance company for the other side tell you the truth or act in your best interests.

A common tactic used by adjusters is to act friendly and build rapport with an injured claimant, particularly when the injuries are serious. Do not be misled by this approach. Insurance adjusters will not tell you what your rights are, the best way to proceed with your claim, or anything else that is going to help you. They receive promotions and bonuses for building track records of paying out less than cases are truly worth.

You Do Not Have to Give a Recorded Statement

An insurance adjuster will often tell you they need a recorded statement to evaluate your claim. That is not true. You have no legal obligation to give the other side's insurance company a recorded statement. The reason adjusters request one is so they can ask questions in a way that allows them to later use your answers against you. For example, they might ask whether you have ever had back pain before. If you say no and your medical records later show you saw a chiropractor years ago, the insurance company's attorney will use that to damage your credibility and reduce the value of your case.

Your credibility is critical in any personal injury case, and insurance adjusters know this. They will attempt to undermine it right from the start. Consult with a qualified attorney before making any statements to the other driver's insurer.

Their "Final Offer" Is Usually Not Their Best Offer

During negotiations, the insurance company will often claim that a particular number is their final offer. In most cases, it is not. What do you have to lose by making a counter-proposal? It is highly unlikely that the insurer will withdraw a prior offer simply because you pushed back. Sometimes you may need to file a lawsuit and move through the litigation process before the other side's truly best offer surfaces. An attorney who handles these negotiations every day knows how to apply the right pressure at the right time.

Intentional Frustration Is a Known Tactic

When the friendly approach does not work, some insurance adjusters will deliberately frustrate injured claimants by making very low initial offers, dragging their feet, and generally making the process as unpleasant as possible. They know that a certain percentage of injured people will accept a low settlement simply to avoid having to deal with them anymore. If you have sustained a serious injury that may have lifelong effects on your health, do not let frustration push you into a settlement that does not cover your actual losses.

Injury attorneys deal with insurance adjusters every day and know exactly how to handle their tactics. If you hire an attorney, they will manage all communications with the insurance company on your behalf so you can concentrate on getting better.

The Insurance Company Will Not Pay Your Medical Bills As They Come In

Adjusters will sometimes tell you to send your medical bills directly to them. However, this does not mean those bills will actually be paid while your claim is pending. This strategy is designed to put financial pressure on you later, when collection calls from creditors, hospitals, and doctors begin piling up. That pressure can push injured riders into accepting a quick and inadequate settlement just to make the calls stop.

In motorcycle accident and personal injury cases, it is generally best to have your medical bills paid through your health insurance and any medical payments coverage under your own motorcycle or auto insurance policy. Otherwise, it could be years before your claim against the other side is resolved, your credit rating may be damaged in the interim, and you could be left holding bills that should have been covered. An experienced attorney can guide you on the best approach for managing medical expenses while your case is active.

The Statute of Limitations for Iowa Motorcycle Accident Claims

Iowa law sets a specific deadline for filing a personal injury lawsuit after a motorcycle accident. If filing a lawsuit is in your best interest, an attorney can guide you through the process, as well as the state's applicable statute of limitations. Missing this deadline can cost you your right to recover damages entirely, which is another reason why contacting a Sheldon motorcycle accident attorney sooner rather than later is so important. You can read more about the statute of limitations for Iowa injury cases on the Walker, Billingsley & Bair website.

Steps to Take After a Motorcycle Accident in Sheldon

The decisions you make in the days and weeks following a motorcycle crash can significantly affect your ability to recover fair compensation. Keep the following steps in mind:

• Seek immediate medical attention and follow all recommended treatment plans
• Keep every scheduled medical appointment and do not skip follow-up care
• Report the accident to your insurance company but do not give a recorded statement to the other driver's insurer without first consulting an attorney
• Preserve all documents and communications related to the accident, including medical bills, repair estimates, and correspondence with insurance companies
• Photograph the accident scene, your injuries, and any property damage as soon as safely possible
• Do not accept any settlement offer before understanding the full extent of your injuries and losses
• Contact a Sheldon motorcycle accident attorney as soon as possible to protect your rights and begin building your case

Consulting a Sheldon 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. 

More Info on Sheldon Attorneys