Van Meter Motorcycle Accident Injury Attorneys

A motorcycle accident near Van Meter can raise questions well beyond who caused the crash. If the safety gear you were wearing turned out to be defective, you may have a claim against the manufacturer in addition to the driver who caused the crash. If you are dealing directly with an insurance company, you need to know whether you can trust them, since assuming they are on your side can cost you real money. And if you decide to hire an attorney, you should understand how that decision actually strengthens the value of your case rather than just adding another expense. The Van Meter motorcycle attorneys at Walker, Billingsley & Bair want local riders to understand all three before they speak with an adjuster or sign any paperwork.

Injured by Defective Motorcycle Safety Gear? You May Be Able to Sue the Manufacturer

Manufacturers of defective products are liable for the injuries they cause. So if you were wearing proper safety gear and you suffered injuries in a motorcycle accident near Van Meter because the safety gear was defective, then you can file a claim or lawsuit against the manufacturer in addition to the driver responsible for the accident. An attorney can assist with the process, evaluate the details of your case, and help establish liability against every responsible party.

Types of Liability for Manufacturing Defects

In a product liability claim, some possible types of liability include negligence, meaning the manufacturer failed to exercise proper care and had a legal obligation to ensure the product was safe that was not fulfilled, and failure to warn or misrepresenting the product, which occurs when a manufacturer makes promises about the product that it does not live up to, or hides possible hazards. Breach of warranty is another type, which is when the manufacturer does not stand by claims made or refuses to honor warranties or other promises. Strict liability makes the manufacturer liable for any injuries caused by the defective product, regardless of fault, because the manufacturer is responsible for the products it creates.

Elements of a Product Liability Claim

It is possible to sue a motorcycle safety gear manufacturer when the product causes injuries because of manufacturing defects, but certain elements are required. There must be bona fide injuries or financial losses involved. The product must contain a manufacturing defect, which can be easy to prove in some cases, while in others a consumer may need to show the product was manufactured improperly, the design was flawed, or the product contained dangerous parts that were not properly labeled. The defective product must have directly caused the injury or loss, and the product must have been used for its intended purpose, not modified or misapplied in a way that changed how it was supposed to function.

Can You Trust the Insurance Company After a Motorcycle Accident?

In Iowa alone, more than 100 insurance companies sell insurance. Just because you pay a premium does not mean your own insurance company is going to look out for you. Some people think their own insurer will go after the other party on their behalf after an injury, but this is simply not true. While your insurance company will try to recover what it paid for property damage, it is highly unlikely they will pursue a claim for your personal injuries, even if you ask them to do so.

What You Should Know About the Other Side's Insurance Company

If you are dealing with the insurance company for a driver who injured you, keep the following in mind. The insurance company is not representing you or your best interests, and they are not required to tell you the truth. The insurance company is in the business of making the most profit possible, which means paying you as little as possible. The insurance adjuster may be nice to you, but they are not looking out for you, and insurance companies generally do not like paying claims, especially large ones involving serious motorcycle injuries.

Keep Documentation and Be Consistent With Your Care

Keep documentation of your damages by maintaining a diary or journal of how you are feeling, which can help prove the extent of your damages and may mean a higher evaluation of your claim, along with doctors' excuses for missed work and any medical bills or explanation of benefits forms from your health insurer. Be thorough at your medical appointments as well, since the records generated during these visits are very important, and regularly attend your appointments, since failing to see a physician regularly is treated as evidence that you have fully recovered, even if that is not actually the case.

How an Attorney Strengthens Your Motorcycle Accident Case Value

When you have been injured in a motorcycle accident near Van Meter, the insurance company's first offer rarely reflects the true value of your claim. Without proper legal representation, you could be leaving thousands of dollars on the table.

Getting the True Value of Your Case

A personal injury attorney increases case value through several strategic actions, such as obtaining doctors' reports and medical opinions when necessary to prove causation between your injuries and the accident, and securing expert opinions on the cost of future medical care, since insurance adjusters often focus only on current medical bills and ignore the long-term financial impact of your injuries. Years of experience with similar Iowa injury cases allow an attorney to get a realistic sense of your case's worth once all the facts and medical opinions have been gathered, and to reject a lowball settlement that fails to account for all your losses, present and future.

Investigation and Avoiding Costly Mistakes

An attorney conducts a thorough investigation, gathering police reports, medical records, and bills, and hiring investigators when necessary to interview witnesses and collect additional evidence such as photographs of the motorcycle and accident scene. Your attorney also manages subrogation claims made by your health insurer seeking reimbursement from your settlement, and reviews and challenges liens asserted by doctors, insurers, or employers. By handling all communication with the insurance company, your attorney helps you avoid common mistakes that could cost you thousands of dollars, such as giving recorded statements, accepting quick settlement offers before understanding the full extent of your injuries, or missing important filing deadlines that could bar your claim entirely.