Tiffin Motorcycle Accident Injury Attorneys

A motorcycle accident can happen in an instant, and the injuries that follow are often serious and long-lasting. If you have been hurt in a crash near Tiffin, Iowa, understanding how Iowa's helmet laws affect your claim, what insurance companies are not telling you, and what coverage options are available can mean the difference between a fair recovery and walking away with far less than you deserve.

Motorcyclists face unique legal challenges after an accident. Unlike car accident claims, motorcycle crash cases in Iowa often involve questions about helmet use, comparative fault, and coverage gaps that can significantly affect the amount of compensation an injured rider recovers. On top of all that, insurance companies are working against you from the moment a claim is filed. Knowing your rights and the tactics used against you is essential before you take a single step in the claims process.

Iowa's Motorcycle Helmet Law and How It Can Affect Your Claim

Iowa is one of only three states in the nation with no motorcycle helmet law. Riders in Iowa are within their legal right to choose whether or not to wear a helmet while riding. However, that legal right does not necessarily protect a rider from civil liability consequences if they suffer a head or brain injury while riding without one.

It is a well-established fact that wearing a helmet can prevent traumatic brain and head injuries in the event of a motorcycle crash. Because of this, choosing not to wear a helmet may be treated as an act of negligence, even though no law required the rider to wear one. A negligent act is one that fails to exercise the proper degree of care, and it does not have to be illegal to be used against you. The defense in a motorcycle accident case may argue that a reasonable person would have worn a helmet while riding, and that by not doing so, the rider failed to exercise adequate care for their own safety.

When Helmet Use Affects Liability and When It Does Not

Whether or not helmet use becomes a factor in your case depends entirely on the nature of the injuries you sustained. The absence of a helmet will generally only be relevant if you suffered a head or brain injury. If you were in a motorcycle accident and suffered an injury to the lower body, for example, the fact that you were not wearing a helmet would be irrelevant because you would have suffered that injury regardless of helmet use.

On the other hand, if the injury you suffered was a head or brain injury that could potentially have been prevented had you been wearing a helmet at the time of the crash, you may be considered partially negligent. Conversely, if you were wearing a helmet at the time of the crash, that fact can work in your favor. It demonstrates that even though there was no legal requirement to do so, you were exercising caution and care while riding.

How Iowa's Comparative Fault Laws Come Into Play

Under Iowa's comparative fault laws, the damages you can recover will be reduced in proportion to the percentage of fault attributable to you. This means that if an insurance company or jury finds that your failure to wear a helmet contributed to the severity of your head injury, your total compensation award could be reduced accordingly.

Because of this law, it is critically important that you do everything possible to prove the fault of the other party, and to demonstrate that your injuries would have occurred regardless of your helmet use, or that your injuries would have been even worse had you not been wearing a helmet. This is not an argument you want to make alone. An experienced Iowa motorcycle accident attorney can help build this case and counter attempts by the defense to shift blame onto you.

Gathering Evidence to Prove the Other Driver's Negligence

Negligence is the most important component of any motorcycle accident claim. If the accident would not have occurred but for the negligent actions of the other person, you need strong evidence to prove it. The other driver and their insurer will be working to prove your negligence at the same time, so building your case quickly and thoroughly is essential.

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 under the influence of alcohol or drugs
• Witness testimony
• Photograph evidence from the accident scene
• Video evidence from nearby cameras or dashcams
• Physical evidence from the vehicles and crash site

It is also important to go to the hospital after even a minor motorcycle accident and secure legal representation as soon as possible after that. Delays in seeking medical care give insurance companies an opening to argue that your injuries were not serious or were not caused by the crash.

What Iowa Motorcycle Insurance Companies Don't Want You to Know

Insurance companies are among the richest and most powerful corporations in the United States. Each year they donate millions of dollars to politicians in an attempt to reduce the rights and compensation available to working Iowans so they can generate more profit. What they do not control, however, are the judges and juries that ultimately decide the amount of compensation owed when someone has been seriously hurt. Here are five critical things insurance companies do not want injured motorcyclists to know.

1. The insurance company is legally allowed to mislead you. There is no law requiring the insurer for the other side to tell you the truth or act in your best interests. This is why insurance adjusters sometimes act friendly and try to build trust with you, especially when your injuries are serious. Their job is to pay you as little money as possible. They will not tell you what your rights are, the best way to proceed with your claim, or anything else that would help you. Do not trust anything the insurance company for the other side tells you.
2. You do not have to give a recorded statement. The insurance adjuster will likely tell you they need a recorded statement to evaluate your claim. In reality, you have no obligation to provide one to the other side's insurer. The reason they want a recorded statement is so they can use your answers against you later. For example, if they ask whether you have ever had a back injury before and you say no, but old medical records show otherwise, your credibility may be seriously damaged. Your credibility is extremely important in any injury case, which is exactly why insurers try to undermine it early.
3. Their "final offer" is usually not their best offer. When an insurance company tells you during negotiations that an offer is their final one, experience shows that most of the time it truly is not. Making another proposal to settle your case is almost always worth pursuing. In some situations, filing a lawsuit and going through the litigation process is what it takes to get the insurer's real best offer.
4. They will intentionally frustrate you. This is a tactic adjusters use when a friendly approach does not work. A very low initial offer is designed to make you angry and worn down. Adjusters understand that a certain percentage of injured people will accept a low settlement simply to stop dealing with the process. Do not let them win this game. If you have sustained a serious injury that may have lasting effects on your health, turning your case over to an experienced injury attorney means that your attorney deals with the insurance company on your behalf, freeing you to focus on healing.
5. They will not pay your medical bills as you incur them. An adjuster may tell you to send your medical bills directly to them. This does not mean they will actually pay them. This strategy is designed to create financial pressure on you, making you more likely to accept a low settlement later when collection calls start coming in. In motorcycle accident cases, it is far better to have medical bills paid through your health insurance and any medical payments coverage available under your own policy. Otherwise, your credit could be damaged and you could end up holding unpaid bills for years while your claim is being resolved.

Iowa Motorcycle Insurance Coverage: More Than Just the Basics

Iowa motorcyclists who do not carry motorcycle insurance can lose their licenses if pulled over, under the Iowa Financial and Safety Responsibility Act. Beyond the legal requirement to carry insurance, though, the standard minimum coverage is often not enough to fully protect a rider after a serious crash. A little extra investment in coverage on the front end can save you thousands of dollars later. The following optional coverage types are well worth considering.

Uninsured and Underinsured Motorist Coverage

While you may carry insurance, not all drivers on Iowa roads do. And even when the at-fault driver carries insurance, their policy limits may not be enough to cover the full cost of your injuries. By purchasing uninsured and underinsured motorist coverage, you help ensure that your damages are paid even when the other driver's insurance falls short. This type of coverage can be one of the most important protections an Iowa motorcyclist carries.

Comprehensive and Collision Coverage

Comprehensive coverage pays for damages to your motorcycle for events other than a motor vehicle collision, including flood, fire, and vandalism. Collision coverage, on the other hand, helps pay for repairs to your bike in the event that you collide with another object that is not a motor vehicle. Together, these two coverage types provide a more complete picture of protection for your motorcycle itself.

Medical Expense Coverage

Medical expense coverage is one of the most valuable optional coverage types available to motorcyclists. It pays for the medical expenses of both the rider and any passengers in the event of an accident, regardless of who caused the crash. This type of coverage can provide critical financial relief while a personal injury claim is still being resolved, which can often take considerable time.

Roadside Assistance and Interrupted Trip Coverage

Roadside assistance coverage provides free towing if you have an accident, run out of gas, or experience a breakdown while riding. Interrupted trip insurance, sometimes called excursion diversion insurance, pairs well with roadside assistance coverage. It provides lodging, food, and transportation expenses if an accident occurs more than 100 miles from your home. Reviewing a pre-ride safety checklist before every trip can reduce the likelihood of needing these coverages, but having them in place provides valuable peace of mind.

When Insurance Coverage Is Not Enough

Even with comprehensive motorcycle insurance coverage, the damages that result from a serious crash can exceed what any policy will pay. Medical bills, lost wages, long-term rehabilitation, and pain and suffering can add up to amounts that insurance alone cannot cover. When this happens, filing a personal injury lawsuit for damages may be the right course of action to recover the full cost of everything the crash has cost you.

In Iowa, a personal injury claim must be filed within two years under Iowa Code 614.1. That deadline may seem far away in the immediate aftermath of an accident, but motorcycle cases involve evidence gathering, witness interviews, medical evaluations, and legal analysis that all take time. Reaching out to a Tiffin motorcycle accident attorney as soon as possible after a crash gives your legal team the best opportunity to build the strongest possible case on your behalf.

Motorcycle accident claims are not the same as car accident claims, and they should not be handled the same way. The insurance company for the other side knows this and will use every tactic available to reduce what they pay you. From challenging your helmet use to disputing the severity of your injuries, they are prepared. You should be too.