- Story City Motorcycle Accident Injury Attorneys
- Phone: 641-792-3595
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Motorcycle accidents in and around Story City, Iowa can happen in an instant, and the consequences are often severe. Without the structural protection of a car or truck surrounding them, riders are exposed to the full force of a collision. If you have been injured in a motorcycle crash, you are likely facing serious medical bills, lost time from work, and a long road to recovery. Understanding your legal rights, your insurance options, and what a qualified Iowa motorcycle accident attorney can do for you is the first step toward protecting your future.
At Walker, Billingsley & Bair, our team is ready to advocate for injured riders in Story City. Whether you are dealing with an insurance company that is not offering you fair compensation or you are unsure how Iowa law applies to your specific situation, we are here to help. This guide walks you through the key issues that arise in Iowa motorcycle accident claims so you can make informed decisions from the very beginning.
Iowa's Motorcycle Helmet Law and How It Affects Your Claim
Iowa is one of only three states in the nation that has no motorcycle helmet law. Riders in Story City have the legal right to ride without a helmet. However, that legal right does not fully protect you from the consequences of riding without one if you are later injured in a crash.
It is a well-known fact that wearing a helmet can prevent traumatic brain and head injuries in the event of an accident. Because of this, choosing not to wear a helmet may be considered an act of negligence under Iowa law, even when it is not against the rules of the road. This distinction is important and can directly affect your motorcycle accident claim.
When Helmet Use Becomes a Factor in Liability
Helmet use will not be a relevant factor in every motorcycle accident case. Liability related to helmet use typically only comes into play when the injury you have sustained is a head or brain injury. For example, if you were involved in a motorcycle accident and suffered injuries to the lower body, the fact that you were not wearing a helmet would be irrelevant, because you would have suffered those injuries regardless.
On the other hand, if you suffered a head or brain injury that could have been prevented had you been wearing a helmet at the time of the crash, you may be considered partially negligent for your own injuries. Conversely, if you were wearing a helmet at the time of the crash, this can actually help strengthen your claim by showing that you were exercising caution and care while riding, even though you were under no legal obligation to do so.
Iowa's Comparative Fault Laws
A negligent act is one that fails to exercise a proper degree of care and is not necessarily something illegal. While you have no legal requirement to wear a helmet in Iowa, the defense may argue that a reasonable person would have worn one while riding a motorcycle, and that because you did not, you failed to exercise appropriate care.
If you are found to be partially negligent for the injuries you have sustained based on your lack of a helmet, the damages you can recover will be affected. Under Iowa's comparative fault laws, the damages you can recover will be reduced in proportion to the degree of fault attributed to you. This makes it absolutely critical that you do everything possible to prove the fault of the other party and demonstrate that your injuries would have occurred regardless of whether you were wearing a helmet.
How to Prove the Negligence of the Other Driver
Negligence is the most important component of any motorcycle accident claim in Story City. If your accident would not have occurred but for the negligence of the other person, you need to collect evidence to prove it. And you should act quickly, because critical evidence can disappear fast.
Types of evidence that can be used to prove the other driver's negligence include:
- Police reports
- Lab tests, if the other driver was operating their vehicle while impaired
- Witness testimony
- Photograph evidence from the scene
- Video evidence, including dashcam or surveillance footage
- Physical evidence from the accident scene and vehicles involved
Keep in mind that the other driver's insurance company will also be working to prove your negligence. This is one of the most important reasons to seek medical attention immediately after even a minor motorcycle accident and to contact an attorney as soon as possible.
Understanding Your Motorcycle Insurance Coverage Options in Iowa
Iowa motorcyclists who do not carry motorcycle insurance can lose their licenses if pulled over, under the Iowa Financial and Safety Responsibility Act. Beyond just avoiding penalties, having the right insurance coverage can be the difference between a manageable recovery and a financial crisis after an accident.
Many riders carry only the minimum required coverage without realizing how quickly that coverage can run out after a serious crash. A little extra investment on the front end could save you from a much larger financial burden down the road. Here is a breakdown of the most important motorcycle insurance coverage options worth considering.
Uninsured and Underinsured Motorist Coverage
While you may carry full insurance, not all drivers on the road do. And even when another driver does carry insurance, their policy limits may not be sufficient to fully compensate you for your injuries. By purchasing uninsured and underinsured motorist coverage, you protect yourself in the event that the at-fault driver either has no insurance or does not have enough to cover the full cost of your damages. This is one of the most valuable protections a Story City motorcyclist can carry.
Comprehensive and Collision Coverage
Comprehensive coverage pays for damages that occur to your bike for reasons other than a motor vehicle collision, including flood, fire, and vandalism. Collision coverage, on the other hand, helps cover the cost of repairs when you are involved in an accident caused by colliding with another object. Together, these coverages provide broad protection for your motorcycle itself.
Medical Expense Coverage
Medical expense coverage is one of the most valuable types of coverage options a rider can carry. It pays for the medical expenses of both you and any passengers in the event of an accident, regardless of who was at fault for the crash. Given the severity of injuries that can result from a motorcycle accident, having this coverage in place before a crash occurs can provide critical financial relief when you need it most.
Roadside Assistance and Excursion Diversion Coverage
If you have an accident while on a ride, run out of gas, or experience a mechanical breakdown, roadside assistance coverage provides free towing. Excursion diversion insurance, sometimes called interrupted trip insurance, pairs well with roadside assistance coverage. It provides riders with lodging, food, and transportation in the event of an accident that occurs more than 100 miles from your home. For riders who take longer trips, this type of coverage can be well worth the added cost.
When Insurance Coverage Is Not Enough
Despite the many coverage options available to Iowa motorcyclists, sometimes the damages that result from a serious accident are simply too great for insurance alone to cover. When this happens, you may need to consider filing a personal injury lawsuit to recover the total cost of all damages you have incurred. In Iowa, a claim must be filed within two years under Iowa Code 614.1. An experienced motorcycle accident attorney can help you understand whether a lawsuit is appropriate in your situation and guide you through every step of the process.
What a Story City Motorcycle Accident Attorney Can Do for You
Depending on the nature and severity of your injuries, you may or may not ultimately need full legal representation. However, it is always a good idea to at least consult with an experienced Iowa injury attorney to help you understand the process and avoid the common, costly mistakes that can reduce or eliminate your claim. Many people who try to handle their own motorcycle accident claims end up leaving significant money on the table, simply because they did not know their rights.
When you work with Walker, Billingsley & Bair as your Story City motorcycle accident attorneys, here is what our team can do for you. Every one of these tasks is performed at no upfront risk to you, because we only get paid if we are successful in your case.
Educating You About Iowa Injury Laws
Iowa injury laws vary from state to state, and most people who are injured in a motorcycle crash have never had to navigate them before. Your attorney will educate you on how Iowa law applies to your specific situation so you can make informed decisions at every stage of your case.
Gathering Evidence and Building Your Case
Your attorney will gather documentary evidence including police accident reports, medical records, and bills. When necessary, attorneys hire an investigator to interview witnesses, locate additional witnesses, and collect other forms of evidence such as photographs of the vehicles and the accident scene. This thorough investigation is foundational to building a strong claim.
Reviewing Legal Issues That Can Affect Your Compensation
Your attorney will review and analyze the legal issues that may affect your recovery, including comparative fault and assumption of the risk. Understanding these legal concepts allows your attorney to counter arguments the insurance company may use to reduce what they owe you.
Working Directly with Your Medical Providers
Your attorney will talk to your physicians and obtain written reports from them to support your case and fully understand the extent of your condition. This medical documentation is critical to establishing what your injuries are truly worth, including the long-term impact they will have on your life.
Analyzing Your Insurance Policy for All Available Coverage
Your attorney will analyze your insurance policy to determine whether there are coverages you may have that could pay all or a portion of your medical bills while the claim is still pending. Many injury victims are completely unaware of coverage options within their own policies. This review ensures that no potential source of compensation is overlooked.
Reviewing and Challenging Liens on Your Recovery
Doctors, insurance companies, welfare benefit plans, and employers may assert that they are entitled to all or part of your recovery. Your attorney will review and analyze the validity of any liens on your case and challenge those that are excessive or legally unsupported. Reducing these liens often means substantially more money in your pocket from the same settlement amount.
Handling All Communications with the Insurance Company
Your attorney will contact the insurance company to put them on notice of the claim, if that has not already been done, and will handle all subsequent communications on your behalf. This protects you from making statements that could be used against you and ensures that you are not pressured into accepting an inadequate settlement offer before you fully understand the value of your claim.
Preparing for Trial if Necessary
If your case does not settle, your attorney will prepare a demand package, handle pre-trial mediation efforts, prepare written questions and take depositions of the defendant and other witnesses, and prepare your case fully for trial. This includes preparing medical and demonstrative exhibits, filing necessary motions and briefs with the court, and preparing you and your witnesses for what to expect. Your attorney will also review any verdict to determine whether either side has grounds to appeal, and make recommendations accordingly.
Do Not Wait to Protect Your Claim
Our attorneys have seen too many motorcycle accident cases harmed because victims were not informed of their rights and made common but damaging mistakes early in the process. Whether it was giving a recorded statement to an insurance adjuster, signing a release too quickly, or simply not knowing that a statute of limitations deadline was approaching, these errors can cost injured riders thousands of dollars or ruin their claims entirely.
The moment after a motorcycle crash in Story City is not the time to navigate this process alone. Insurance companies have experienced adjusters and legal teams working on their side from day one. You deserve the same level of advocacy on yours.
Before you sign anything for the insurance company, take advantage of our firm's FREE and confidential legal consultation. Call now at (641) 792-3595 to speak with an Iowa motorcycle accident attorney who can give you the information you need to protect your case. There is no obligation to hire us, and you will pay no attorney fees unless we win. You can also reach us through our confidential online contact form.
Consulting a Story City 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.