Des Moines Motorcycle Accident Lawyer
Pursuing Recovery After a Motorcycle Accident
If you have been in a motorcycle accident, having our experienced and informed Des Moines, IA motorcycle accident lawyer on your side could make all the difference in a legal claim. Motorcycle accidents happen every year and can result in severe injuries and even death. These accidents can occur for many different reasons, including motorcycle lane splitting, road hazards, speeding, and cars making left-hand turns. Our knowledgable attorney helps motorcycle accident victims get justice for the injuries they suffered.
Motorcyclists know their bikes and the risks of riding. Our firm knows the law and how it applies to these drivers. It is our objective to defend and protect the rights of motorcyclists who have been injured in an accident. Regardless of the extent of your injuries, or how the collision occurred, you can call Des Moines Injury Law for a free consultation. Our personal injury law firm is built on providing top-notch service coupled with in depth legal knowledge and acumen. These hallmarks have provided our firm with a history of success and many repeat clients – a true testament to the ability of our lawyers.
Table of Contents
- Pursuing Recovery After a Motorcycle Accident
- Damages for Motorcycle Accident Victims
- Common Motorcycle Accident Injuries
- Iowa Motorcycle Accident Infographic
- Iowa Motorcycle Accident Statistics
- Iowa Motorcycle Accident FAQs
- Des Moines Injury Law, Iowa Motorcycle Accident Lawyer
- Contact Our Iowa Motorcycle Accident Attorney Today
How Our Motorcycle Accident Attorney Can Help You
Our personal injury lawyer assists motorcycle accident victims and can help you in many ways. We can answer your questions about the legal system, what to expect if you decide to file a claim, and what steps you should take. Our lawyer who has years of experience understands which legal strategies can boost your chances of getting a fair outcome. We can help you understand the facts of your case and explain anything that is not clear. Handling a claim can be hard to do on your own without any kind of legal support, so our retaining our attorney helps to ensure that your case will be addressed properly.
Dealing with Insurance Companies
Rest assured, our firm is familiar with motorcycle accidents. Lack of attentiveness, low visibility of a rider, and driver distraction are all common reasons for a collision to occur. Unfortunately, it is the driver of the bike who often encounters the most serious injuries. Insurance companies rarely allow facts to get in the way of an argument that allows them not to pay for the at-fault party. Rather than making an attempt to deal with the insurance company, simply deny their requests for a conversation or statement and let them know our Des Moines motorcycle accident lawyer will be in touch. In the meantime, call our firm and remain focused on your recovery.
Damages for Motorcycle Accident Victims
Damages are the losses – both economical and noneconomical – that a victim suffers as a result of the injuries they sustained in an accident. The more serious the injuries, the more losses they will likely suffer and the more the damages amount will be. Economic losses are those that have a specific dollar value, such as a hospital bill or ambulance transport.
Noneconomic damages are those losses that the victim suffered but have no dollar value, such as the pain of the injury. There are several different formulas a motorcycle accident attorney can use to determine the value of noneconomic damages. Our attorney will decide which is best for your situation.
Some of the more common damages in a motorcycle accident include medical bills, lost wages, loss of future earning capacity, pain and suffering, emotional anguish, disfigurement, scarring, permanent disability, loss of enjoyment of life, and more.
Compensable Damages
In the context of a car accident claim, the damages that the victim suffered and which are eligible for compensation from the at-fault party are considered compensable. One of the first things our attorney will consider when deciding whether or not to handle a victim’s case is the extent and nature of the compensable damages. For instance, if the damage is minor and the victim will not require surgery and will not miss work nor suffer from scarring, it may not be advantageous for the victim to hire our firm. The more compensable damages that the victim has suffered, the more important it is to make sure that they are not cheated out of the money they deserve. Here are some of the most common forms of compensable damages:
- Surgical and other treatment costs
- Medicines and medical devices such as crutches, wheelchairs, shower benches, and other health aids
- Prosthetic devices
- Physical scarring
- Emotional scarring and post-traumatic stress disorder
- Pain and suffering
- Lost income and future lost income
- Future medical treatment, including surgeries
- Damage to your motorcycle
Non-Compensable Damages
Damages that the victim of a car accident cannot include in their claim are those which are considered non-compensable. When you sit down with our motorcycle accident attorney, the damages you have suffered will be identified as compensable or non-compensable and the latter will be put aside. Examples of non-compensable damages include:
- Prior health conditions or injuries that existed before the accident and were not made worse by the accident
- Damages you suffered in relation to the accident for which you are wholly responsible. For instance, if you got angry at the at-fault driver and punched his vehicle and injured your hand, that injury would not be compensable.
Your Eligibility for Compensation
You can recover several types of damages if you have a successful outcome in a motorcycle accident case. You can receive compensation for things like medical bills, missed wages, property damage, and pain and suffering. As our Iowa motorcycle accident lawyer can explain, we help you in understanding damages that can be obtained in your case. It can be easy to miscalculate expenses or forget to include some, and this can result in much lower damages than what you are entitled to receive. Contact our lawyer and they will be able to determine exactly what damages you can recover if you have been injured in a motorcycle accident.
Common Motorcycle Accident Injuries
Motorcycles are much smaller than other vehicles and provide less protection, putting motorcyclists at risk for severe injuries during vehicle accidents. It is important for motorcyclists to always wear protective gear and be constantly aware of their surroundings on the road — however, even the most careful motorcyclists can get injured during a collision. Here are common motorcycle accident injuries our personal injury lawyer has seen:
Traumatic brain injuries and other head injuries are some of the most dangerous types of injury motorcyclists can suffer. If motorcyclists hit their heads on the pavement or another object during a crash, they may severely injure their heads. Motorcyclists who always wear helmets can reduce the risk of severe head injuries.
- Road Rash
It’s possible for motorcyclists to be ejected from their bikes and subsequently slide across the pavement during accidents. This can lead to an injury called “road rash,” which is caused by the friction of moving across the pavement. While some cases of road rash result in mild irritation and bruising, others can lead to skin infections and even nerve damage. Wearing protective clothing can reduce — but not fully eliminate — the risk of suffering from road rash in a collision.
Our attorney has also represented clients who have suffered broken bones from motorcycle accidents. Motorcycles offer little protection compared to other passenger vehicles, so there is an increased risk of sustaining an injury during a crash. Broken bones, especially in the limbs, are common injuries.
- Biker’s Arm
When a motorcyclist is thrown off a motorcycle during an accident, it is natural to throw an arm in front of the body to decrease the impact. Unfortunately, this can lead to severe injuries, such as nerve damage in the arm.
Iowa Motorcycle Accident Infographic
Iowa Motorcycle Accident Statistics
According to statistics from the National Safety Council, even though motorcycles account for less than 5 percent of all registered vehicles in the United States, 15 percent of all traffic fatalities are motorcyclists. Another 18 percent of traffic fatalities are motorcycle passengers. Failure to wear a helmet contributes to these high rates.
Iowa Motorcycle Accident FAQs
Should I Seek Medical Care If I Feel Fine?
Absolutely. Some accident injuries don’t always show symptoms right away. However, that does not mean that you are not injured. Even if you feel okay, you should still seek medical care immediately after a motorcycle accident. A doctor should examine your body and recommend the appropriate treatment. Delaying medical treatment could put your health at risk. Our motorcycle accident attorney can confirm, not getting medical care right away can also cause the insurance company to deny your case.
Is There a Statute of Limitations?
The statute of limitations is the length of time you have to file a lawsuit after an accident occurs. These time frames vary depending on the state in which the accident occurred. The courts will likely not hear your claim if you do not meet the deadline. The statute of limitations, depending on where you live, can be anywhere from 1 to 6 years. If you have any concerns about the statute of limitations in your state, it’s wise to speak with our law firm.
What Will Happen If I Wasn’t Wearing a Helmet?
In Iowa, motorcyclists are not required to wear helmets. However, if you get into an accident and were not wearing a helmet, it may affect comparative negligence, even if you did not cause the accident. Your settlement may be reduced for not wearing a helmet.
Should I Accept an Initial Settlement?
No, it is advisable to politely decline any request for a statement in addition to signing or agreeing to anything offered by the insurance company. This could be detrimental to the outcome of your claim and the amount awarded to you.
Will I Have to Go to Trial?
It is our attorney’s goal to settle a claim with the insurance providers. When this is successful, a trial may not be necessary. Once you have had a consultation with Des Moines Injury Law, you will be informed of your legal options, and what you might expect should you pursue a claim.
Can a Lawyer Still Help if I Am Partially at Fault?
Regardless of what you may think about being partially to blame, it’s a good idea to see what our personal injury attorney has to say. Even if you were a contributory factor to negligence, you still may be eligible to receive damages from another at-fault party.
I have psychological damages in addition to physical injuries, will compensation cover this?
Our attorney will assess the full extent of your injuries, in addition to any emotional anguish, mental hardship, lost wages, and more. Any losses determined to be a result of your accident might be included in the claim for monetary damages.
How Much Will Filing a Claim Cost Me?
In general, our lawyer takes on a motorcycle injury case on a contingency fee basis. This means you may not pay any fees until the claim reaches a settlement or verdict. To find out if this applies to your claim, you should call our law firm as soon as possible. This is especially true because there are statutes of limitations, also known as a deadline, which you must abide by in order to file a legal claim.
What Should I Say After a Motorcycle Accident?
If you get into a motorcycle accident, you should be careful about what you say to the other driver or individuals involved. Our attorney will emphasize that you should not admit fault or say that you caused the accident. You should also not accept blame if someone argues that you were solely at fault. You can easily make your situation more complicated by saying the wrong thing. You should not allow other people to deflect blame by saying you alone caused the accident. Keep your statements brief or stay silent if you are not sure what to say until you can get in touch with a lawyer.
What Evidence Will Help Me Most in My Case?
As our lawyer can explain, there are various types of evidence that can be influential to your case outcome, such as witness statements, copies of medical documentation, copy of police report, receipt for property damages, statements from loss of wages at work, the clothes you were wearing at the time of the accident, and more. It is also imperative that you gather the other party’s name and contact information so that you can follow up about the accident in the days to come. But if you were too injured at the scene to do that, then the officer who responded may have gotten those details for you. Our lawyer can help you gather evidence if you are worried that you do not have enough.
Why Am I Being Blamed For What Happened?
Despite being the innocent party, and it being obvious that you weren’t at-fault, insurance companies may attempt to place blame on the motorcyclist as a way to elude liability for what happened. Do not underestimate the tactics that insurance companies will go to as means to avoid paying a victim fairly in compensation. It is strongly recommended that you have our attorney walk you through handling your case, so that we can protect you from manipulative and integrity-lacking insurance companies.
What Can Be Done About My Totaled Motorcycle?
If your motorcycle needed repairs or was totaled in the accident, then our lawyer may be able to help you receive payment for these expenses. We firmly believe that victims should not have to pay money out of their own pocket for losses accrued due to another negligent person. Chances are, the person who hit you and caused the accident was driving recklessly moments before impact. We can pursue restitution from this individual and their insurance company so that your repairs can be done or a new motorcycle can be provided for you. You may be able to get compensation for these losses from your own insurance, depending on the coverage you have, but we can look into that more in-depth for you as you focus on recovery.
Des Moines Injury Law, Iowa Motorcycle Accident Lawyer
699 Walnut Street, Des Moines, IA 50309
Contact Our Iowa Motorcycle Accident Attorney Today
If you have your own questions and concerns about a motorcycle accident claim, you can speak to our lawyers at Des Moines Injury Law, who have a successful track record of winning cases for clients. In a confidential, supportive, and informative meeting, we’ll listen to your story and let you know what legal options are available. For a free consultation with our personal injury attorney, please call our office today.
All too often we talk to clients or family members who are in the hospital, receiving care for injuries they sustained after being hit by a negligent driver. Their medical costs can quickly rise leaving them unsure about how they will pay. This doesn’t even account for the inability to work or the damages done to the motorcycle. The situation can intensify when insurance adjusters are blaming the incident on the victim.
We will leave no stone unturned. We are well-versed in the law and know various methods to get you the medical care you are seeking without having to worry about debts and collections. One of these methods is entrusting your care to a doctor who is a friend or partner of our firm. In this circumstance, our lawyer will typically sign a lien that states that the client, you, will agree to pay the doctor from the proceeds of your settlement.
Other options may include Medicaid and Medicare or workman’s comp insurance. If you are concerned about covering the costs of your medical care, please consult our attorney. We will listen to your situation and let you know all of your legal options.
Working with a personal injury attorney may help to ensure that you have all the necessary documentation to support your claim and that your claim is filed within the required time frame. We offer free initial consultations to go over the details of your case and help to determine if filing a personal injury claim is the appropriate next step.
To speak with one of our team members or to schedule a consultation with our Des Moines motorcycle accident lawyer, please call our office today.
Iowa Motorcycle Accident Lawyer Google Review
“Chris Johnston, is an amazing lawyer. He worked so hard for us. I strongly recommend him. He won our case and got us the best possible outcome. He is the attorney that will get you the rights that you deserve.” – Tarek A.
