Wilton Motorcycle Accident Injury Attorneys

When tragedy strikes, motorcycle injury attorneys act as committed advocates for riders. Specializing in motorcycle accidents, they handle legal complexities to ensure injured riders receive fair justice and compensation.

Filing a Motorcycle Accident Claim as a Passenger on a Friend’s Bike

Motorcycle accidents can result in severe injuries, especially for passengers. If you are a motorcycle accident victim injured as a passenger on a friend's bike, you have the right to file a claim for your injuries. This article will guide you through the process, explain liability, discuss potential defenses against claims, and explore the implications of helmet use on your claim.

Filing a Claim as a Passenger

Determining Liability

As a passenger, you can file an injury claim against the at-fault party, which could be the motorcyclist or another driver. The claim will depend on who was responsible for the accident and the available insurance coverage.

- Motorcyclist's Insurance: If the motorcyclist is at fault, their insurance might cover your damages. In Iowa, motorcyclists are required to carry a minimum insurance coverage of:
  - $20,000 for bodily injury per person
  - $40,000 for bodily injury per accident
  - $15,000 for property damage

- Other Party's Insurance: If another driver caused the accident, you could file a claim against that driver's insurance. Their bodily injury liability coverage should cover your injuries up to the policy limits.

When Insurance Coverage Isn't Enough

If the at-fault party's insurance coverage is insufficient to cover all damages, you may need to file a lawsuit. This is especially relevant in cases where multiple parties are injured, and the total damages exceed the insurance limits.

Recoverable Damages

In a motorcycle accident claim, you can recover various damages, including:
- Medical and hospital costs
- Lost wages
- Pain and suffering
- Disability
- Emotional distress

Consulting an attorney can help you understand and pursue all forms of compensation available.

Common Defenses Against Motorcycle Accident Claims

When pursuing a motorcycle accident claim, be prepared for potential defenses from the at-fault party's insurance company or legal team. Here are some common defenses and how they might impact your case:

Violation of Motorcycle Regulations

If the motorcyclist violated specific motorcycle laws (e.g., carrying a package that restricts using both hands or riding more than two abreast in a lane), the other party may argue that this violation caused the accident. Proving such a violation could jeopardize your claim.

Speeding

The defense may claim that the motorcyclist was speeding or committing other traffic violations, contributing to the accident. If proven, this could reduce the damages you recover proportionally to the motorcyclist's percentage of fault. If the motorcyclist is more than 50% at fault, you may be barred from recovering damages.

Impaired Driving

If the motorcyclist was impaired by drugs or alcohol at the time of the accident, it could severely limit your ability to recover damages. Impairment often results in a higher percentage of fault assigned to the motorcyclist.

Not Wearing a Helmet

While Iowa does not require motorcyclists to wear helmets, not wearing one can affect your claim if you suffered head or neck injuries. The defense may argue that the lack of a helmet contributed to the severity of your injuries, increasing your comparative negligence and reducing your recoverable damages.

Impact of Helmet Use on Claims

Iowa Helmet Laws

Iowa does not mandate helmet use for motorcyclists, but the lack of a helmet can influence a claim if head or neck injuries are involved. While not illegal, failing to wear a helmet can be seen as contributory negligence.

Comparative Negligence

Iowa follows a comparative negligence system, where your compensation can be reduced by your percentage of fault. If you are more than 50% at fault, you cannot recover damages. In cases of head injuries, not wearing a helmet might increase your fault percentage.

Specific Injury Considerations

If your injuries do not involve the head or neck (e.g., a broken leg), helmet use is irrelevant and should not impact your claim.

Seeking Legal Assistance

Navigating the complexities of motorcycle accident claims, especially with potential defenses and comparative negligence considerations, can be challenging. It's crucial to consult with an experienced attorney who can help you build a strong case and maximize your compensation.

Consulting a 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.