Woodbine Motorcycle Accident Injury Attorneys

A motorcycle accident near Woodbine can leave a rider facing an insurance company looking for any argument to shift blame, an unfairly low settlement offer, and injuries that do not always show up right away. The Woodbine motorcycle attorneys at Walker, Billingsley & Bair want local riders to understand the common defenses raised against these claims, how an attorney strengthens the value of a case, and what to do when symptoms appear days, weeks, or even months after the crash.

Common Defenses Against Motorcycle Accident Claims in Iowa

If you have been in a motorcycle accident near Woodbine and are pursuing a claim for damages, the insurance company or other driver is bound to present arguments against your claim. Familiarizing yourself with these common defenses, and hiring an attorney, can help keep your case solid.

You Violated Motorcycle Regulations

Perhaps the most commonly used defense is that the motorcyclist was in violation of motorcycle-specific laws at the time of the accident, such as carrying a package that restricts using both hands, under Iowa Code 321.275(6), or riding more than two abreast in a lane, under Iowa Code 321.275(4). If the other driver can prove a violation occurred and that it caused the accident, your claim might be in jeopardy.

You Were Speeding or Driving While Impaired

Another common argument is that you were speeding or committed another traffic violation, such as an illegal lane change, which caused the crash. If the defense can prove this, you may be found partially or totally at fault, and if you are found more than 50 percent at fault, you may be barred from recovering damages at all. Impairment from drugs or alcohol is another common defense, and being under the influence at the time of the accident can severely hinder your ability to recover damages.

You Were Not Wearing a Helmet

While Iowa does not require riders to wear a helmet, not wearing one might still become an issue in your claim if you suffered head or neck injuries. The insurance company or other driver may argue that not wearing a helmet led to more severe injuries than you might have otherwise suffered, which could increase your comparative negligence and reduce your damages.

How an Attorney Strengthens Your Motorcycle Accident Case Value

When you have been injured in a motorcycle accident near Woodbine, 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

An Iowa 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.

Investigation and Avoiding Costly Mistakes

An attorney conducts a thorough investigation that strengthens your position, gathering documentary evidence such as police accident reports, medical records, and bills, and hiring investigators when necessary to interview or locate witnesses and collect additional evidence such as photographs of the motorcycle and the accident scene. Your attorney also manages subrogation claims and reviews the validity of any liens asserted against your case. Perhaps most importantly, an attorney helps you avoid common mistakes that could cost you thousands of dollars, such as giving recorded statements to insurance adjusters, accepting quick settlement offers before understanding the full extent of your injuries, or missing important filing deadlines.

What If Your Motorcycle Accident Injuries Don't Appear Right Away?

If you have been hurt in a motorcycle accident, sometimes you will not have pain until later the same day or even the next day. Regardless of when your pain starts, you should immediately seek medical care and treatment.

Why Symptoms Might Not Show Immediately

Often your adrenaline may spike after an accident, and other hormones like cortisol can be released, which temporarily makes you feel no pain. If you have ever lifted heavy weights or worked out too hard, you know that muscle soreness does not show up until the next day. What is important is that once you start feeling the pain after an accident, you promptly seek medical care to document your pain and begin your healing journey.

If You Waited More Than a Week to Seek Care, Is It Too Late?

Not necessarily, but this will raise a red flag of suspicion to the insurance adjuster assigned to your case. Make sure you tell your doctor when the pain started and why you did not immediately seek medical care. Going to the emergency room, urgent care, or your regular doctor can be inconvenient, but failing to go can cost you your claim and case.

What If New Pain Shows Up After Treating Your Initial Injury?

It is common for people and their doctors to focus only on the medical issues at hand. For example, if you were having extreme neck pain with pain radiating into your arm following a motorcycle accident, and an MRI revealed a herniated disc in your neck requiring surgery, you might feel better afterward but then start having problems with your shoulder. You should immediately report any and all additional pain and problems as soon as possible, since it is common for other issues to surface after one condition is treated, especially when severe pain was masking an underlying problem.

What If You Are Diagnosed With Conditions Months or Longer After Your Initial Injury?

This can happen for many reasons. If you injure one arm and require surgery, you may start using your other arm more, resulting in overuse and damage. Similarly, someone who sustains a serious leg injury may not have back pain until they are up walking, often with a limp, which can cause low back and hip pain. You should report new problems and how they came about, whether from overuse or getting back on your feet again.

Establishing a Causation Opinion

Ultimately, your attorney should have a conference with your doctors to establish which conditions are related to your accident, known as a causation opinion. Some attorneys prefer to write a letter instead of meeting with doctors in person, but taking the time to talk to doctors directly tends to produce much better opinions. While some patients may be able to get a causation opinion from their doctor on their own, often the conversation will simply result in the doctor saying it is possible. Saying it is "possible" does not get you anywhere for compensation purposes, since the injured person has the burden of proving it was more likely than not caused by the accident.