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Des Moines Injury Lawyer

Motorcycle Accident Lawyer Des Moines IA

motorcycle accident lawyer Des Moines IAHaving an experienced and informed motorcycle accident lawyer in Des Moines IA provides 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. A motorcycle accident lawyer in Des Moines IA recommends may help motorcycle accident victims get justice for the injuries they suffered.

Motorcyclists know their bikes and the risks of riding; Des Moines Injury Law 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 a Des Moines motorcycle accident lawyer such as Des Moines Injury Law for a free consultation.

Des Moines Motorcycle Accident Lawyer

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 a motorcycle accident lawyer in Des Moines IA depends on will be in touch. In the meantime, call our firm and remain focused on your recovery.

Motorcycle Accident Damages 

If you are a motorcycle enthusiast, you no doubt relish the times you can spend on your bike. You likely spend those times, however, also concerned about the high risks of being injured in a motorcycle accident – or even worse. Many motorcycle accidents result in catastrophic injuries that result in enormous physical and financial losses.

Fortunately, Iowa law allows victims of motorcycle accidents to pursue damages against the party that caused the crash. An Ames, IA motorcycle accident lawyer from Des Moines Injury Law can help victims get the financial compensation they deserve.

The first step in obtaining that compensation is determining liability for the accident. In many accidents, it is not the person who was operating the motorcycle who was at fault, but another vehicle driver who acted in a negligent or reckless manner. For example, if a vehicle driver takes a left turn in front of a motorcyclist traveling in the opposite direction and hits the motorcycle, the vehicle driver could be found negligent for taking a turn when they did not have a clear path to do so.

Common Motorcycle Safety Misconceptions

If you were injured in a motorcycle accident, it’s important to speak with a motorcycle accident lawyer in Des Moines, IA residents trust. You may be entitled to compensation. With that being said, here are some common motorcycle safety misconceptions that you shouldn’t believe.

  • If you have a driver’s license, you can operate a motorcycle. Operating a motorcycle is quite different than operating a vehicle. It’s actually more difficult to drive a motorcycle than it is to drive a car. That’s why you’re required to add a motorcycle endorsement on your driver’s license before operating a motorcycle. 
  • Lane splitting isn’t dangerous. Lane splitting involves passing one or more vehicles in between two lanes and is considered dangerous. When motorcyclists practice lane splitting, they don’t leave much distance between themselves and other vehicles, increasing the risk of a collision. Motorcyclists who split lanes and cause an accident may not be eligible to receive compensation.
  • Wearing a helmet is pointless. Some motorcyclists may avoid wearing a helmet because it feels uncomfortable or they don’t like the way it looks. However, a helmet is anything but pointless. While wearing a helmet might not be able to prevent an accident, it can help you avoid fatal injuries in the event of a collision. Motorcyclists who wear helmets are much less likely to sustain life-threatening head injuries in a crash.
  • Wearing Leather is for Appearances. As a Des Moines motorcycle accident lawyer can confirm, some people assume wearing leather just makes motorcyclists look cool. While that may be true, leather can also prevent some serious injuries in an accident. The material can help motorcyclists avoid abrasions if they slide across the pavement in an accident.
  • Drivers always see motorcyclists. This actually isn’t true. Motorcycles are much smaller than vehicles, so they can be easier to miss. Plus, drivers can get distracted and not notice motorcyclists on the road. Therefore, it’s critical for motorcyclists to always be aware of their surroundings and never assume that other drivers can see them.
  • Skilled motorcyclists can always avoid accidents. Experienced motorcyclists do have a lower chance of getting into an accident than inexperienced riders. However, that does not mean that their risk of a collision is zero. If other drivers are negligent on the road, skilled motorcyclists can get hurt.
  • Accidents are more likely to occur on highways than on streets. The speed limit is lower on streets than on highways, so some may assume that roads are safer for motorcyclists. However, this is not necessarily true. For one thing, streets have a higher risk of intersection accidents. They also have more roadside obstacles than highways. Therefore, highways are generally safer for motorcyclists. 
  • Wearing a helmet can hinder your hearing and vision. Some motorcyclists claim that helmets impede their hearing and vision and choose not to wear one. However, as a Des Moines motorcycle accident lawyer can confirm, putting on a helmet can actually decrease wind noise and help you see better.

Des Moines Motorcycle Accident Law Infographic

Common Motorcycle Safety Misconceptions InfographicMotorcycle Accident Lawyer in Des Moines IA

As a motorcycle accident lawyer in Des Moines IA provides might attest, the idea of a motorcycle accident can create a sense of fear and anxiety for any motorcycle enthusiast. This is because when a motorcyclist goes out on the road, they have a far greater chance of being involved in an accident than other vehicles on the road. If you have been in a motorcycle accident, it may be important to work with a motorcycle accident lawyer in Des Moines IA has to offer to determine if you can sue the driver who caused the accident.

The Importance of Documentation

Having the right documentation is one of the most important things you can do when filing a personal injury claim. This is where Des Moines IA motorcycle accident lawyer may be particularly useful, because they may help you gather some of the evidence that is needed.

  • Journal everything. You not only want to write down your account of the accident; it’s also important to keep record of your recovery from the accident. This may be important when showing the lasting impact the accident has had on you.
  • Take photos of the accident. This will be helpful in getting a clear picture of what happened. If you are unable to do this, a motorcycle accident lawyer Des Moines IA can provide may be able to visit the scene after the accident to take photos and recreate the accident.
  • Collect medical records (including notes from doctors and expenses), accident reports from the scene, and witness testimonies. A capable motorcycle accident lawyer Des Moines IA relies on may assist you during this part of the claims process.

 

The Importance of Documentation Infographic

The Importance of Documentation Infographic

Des Moines Motorcycle Accident Law FAQs

How Can a Biker Prevent an Accident?

Motorcyclists must ride with extra caution in order to do all that they can to prevent an accident. Practicing motorcycle safety is vital:

  • Always wear safety gear, especially a helmet.
  • Know the types of situations that are more likely to cause an accident. For example, a car turning in front of you may not see you.
  • Road conditions such as poor weather, uneven roads, and loose gravel.
  • Do not take turns or corners too fast.
  • Pull up beside a car rather than behind them. This may provide extra protection from a car that pulls up behind you and could potentially prevent a fender bender.
  • Never ride a motorcycle when under the influence of drugs or alcohol.

What Are the Most Common Causes of Motorcycle Accidents?

Motorcycle accidents can occur due to a number of different reasons, including speeding, distracted driving, lane splitting, drunk driving, mechanical problems, inexperience, making left turns, bad weather, and poor road conditions. No matter how the accident occurred, it is important to consult a motorcycle accident lawyer in Des Moines, IA resident trust.

How Long Will It Take to Resolve My Motorcycle Accident Case?

Motorcycle accident cases can be quite stressful, so it is understandable that you may want to resolve your case as quickly as possible. However, the length of time it takes to resolve your claim will depend on the unique circumstances of your case. If there is sufficient evidence to support your claim and the defendant’s insurance company is willing to offer a fair settlement, you may be able to resolve your claim in just a few months. On the other hand, if the insurance company will not offer you a fair settlement or tries to challenge your claim, you may have to go to court, which can take over a year.

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. As a Des Moines motorcycle accident lawyer can confirm, not getting medical care right away can also cause the insurance company to deny your case.

What Should I Do at a Motorcycle Accident Scene?

If you were in a motorcycle accident, it is important to stay at the scene and contact the police. They will come to the scene of the accident and file a report. The report will include important information about the accident, such as where and when it occurred and the names of everyone involved. It is also wise to obtain contact information from witnesses and take photos of the accident scene.

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 a motorcycle accident lawyer in Des Moines IA.

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.

Does the Insurance Company Want to Help Me?

No. The defendant’s insurance company does not have your best interests at heart. They are in the business of making money and may try to offer you less than you deserve. That’s why it’s important to be careful about what you say to the insurance company. Stick to the basic facts and do not give details about your injuries. If they continue to ask you questions, you should direct them to talk to your Des Moines motorcycle accident lawyer.

What Damages Can a Motorcycle Victim Collect?

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. Your Ames, IA motorcycle accident lawyer will decide which is best for your situation.

Some of the more common damages in a motorcycle accident include:

  •       Past, ongoing, and future medical bills
  •       Loss of wages while the victim recovered and could not work
  •       Loss of future earning capacity if the victim is left unable to work in their current profession or unable to work at all due to permanent disability
  •       Pain and suffering
  •       Emotional anguish
  •       Disfigurement
  •       Scarring
  •       Permanent disability
  •       Loss of life enjoyment

What are some common injuries in motorcycle accidents?

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 a motorcycle accident lawyer in Des Moines IA might see:

  • Head Injuries: 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.
  • Broken Bones: A motorcycle accident lawyer in Des Moines IA trusts might also see 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.

I was contacted by an insurance company and they’re offering me a settlement, should I accept?

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 the goal of a motorcycle accident lawyer in Des Moines IA depends on for legal advice 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 can be told of your legal options, and what you might expect should you pursue a claim.

I think I am partially at fault; can Des Moines Injury Law still help me?

Regardless of what you may think about being partially to blame, it’s a good idea to see what a motorcycle accident lawyer in Des Moines IA 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?

A motorcycle accident lawyer in Des Moines IA trusts should assess the full extent of your injuries in addition to any emotional anguish, mental hardship, lost wages, and more. Anything that is determined to be a result of your accident might be included in the claim for monetary damages.

Can I get compensation for my motorcycle accident injuries?

If you were injured while riding your bike because of a negligent driver, contact our motorcycle accident lawyer at Des Moines Injury Law, LLP. We can help ensure maximum compensation for your damages. When a victim suffers a significant injury, the resulting damages are costly, and this is when an insurance company is most likely to cause claimant problems. Our motorcycle accident lawyer has seen this time and time again. Either the at-fault insurance company denies the claim or it offers a ridiculously low settlement. In other cases, they delay and delay and delay in their payout with the hope that the claimant will go away one way or another. It often requires the victim to hire an aggressive and determined motorcycle accident lawyer to protect their right to fair compensation. The insurance company will have a team of attorneys who are dedicated to protecting their profits. It behooves injured victims to hire their own legal representation. Allow our motorcycle accident lawyer to review your case and provide insight that can help you make decisions that reflect your best interests. We do not charge for this initial consultation so be sure to call us without delay to learn more about how we might be able to help you.

What Are 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 a motorcycle accident lawyer 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 a motorcycle accident lawyer. 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 compensation 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

What Are 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 lawyer, 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.

 How much will filing a claim cost me?

In general, a 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 Des Moines Injury Law 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 expect in an initial consultation with a motorcycle accident lawyer Des Moines IA counts on?

During your first consultation with a Des Moines motorcycle accident lawyer, he may listen to you tell your version of the motorcycle accident and ask you several different questions about your case, such as how severe your injuries are and whether or not any insurance companies have tried speaking to you yet. Be sure to be completely honest with your motorcycle accident lawyer in Des Moines IA depends on. He is there to help you — not judge you.

A motorcycle accident lawyer in Des Moines IA offers might also ask you if you have any questions for him. Don’t hesitate to bring up any of your questions or concerns. If you forget to ask a question, you can always call your lawyer later and ask him your question over the phone.

How can a lawyer help me? 

A personal injury lawyer who assists in helping motorcycle accident victims can help you in many ways. They can answer your questions about the legal system, what to expect if you decide to file a claim, and what steps you should take. A lawyer who has years of experience would understand that legal strategies can boost your chances of getting a fair outcome. They 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 a lawyer will help to ensure that your case will be addressed properly. 

What damages can I be eligible for? 

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 a Des Moines motorcycle accident lawyer can explain, they 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 a lawyer and they will be able to determine exactly what damages you can recover if you have been injured in a motorcycle accident.   

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. A Des Moines motorcycle accident lawyer 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 should I consider when hiring a lawyer?

If you are thinking of hiring a motorcycle accident lawyer,  you must know what qualifications and qualities a competent and reliable lawyer should have. A good lawyer should have experience in the practice area you need legal support. They should have good communication and always be transparent with you about meetings, requirements, and everything that you need to know about your case. A good lawyer should have diverse case experience so that they know what legal strategies to use for your case. Do your research thoroughly so that you can hire a lawyer who can get you positive results. 

How much time do I have to file a claim? 

You have limited time to file a claim, and in Iowa, it is only two years. This may seem like a lengthy amount of time, but considering everything that you need in order to file a claim, it can go by fast. Getting the facts of the case, collecting important evidence, and speaking to witnesses alone can take a long time. If it has been a long time since your accident happened and is just now considering legal action, you have even less time to file a claim. If you would like to obtain more information about how to file a claim, seek help from a lawyer now.

If you are searching for a motorcycle accident lawyer in Des Moines Iowa respects, you should consider talking with Des Moines Injury Law. For years we have been tenaciously fighting for the rights of accident victims. We understand the tremendous biases motorcyclists tend to have to overcome and will fight tooth and nail to ensure they do not get in the way of what you are entitled to. We know how insurance companies can cleverly maunder a claim and take advantage of a vulnerable person who has just been injured. Rest assured, we find this behavior to be unacceptable and will not fall for it. When you retain us to be your Des Moines motorcycle accident lawyer, you can feel peace of mind in knowing that your situation is in good hands. 

Which Evidence Will Help Me Most in My Case?

As a Des Moines IA motorcycle accident lawyer from Des Moines Injury Law 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. Your 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 a Des Moines motorcycle accident lawyer walk you through handling your case, so that they can protect you from manipulative and integrity-lacking insurance companies.

Who Can Be Witnesses To The Accident?

There are many people who can serve as witnesses for your case, depending on who was around at the time. For instance, if the motorcycle accident occurred on a busy street with shops nearby, maybe a worker or two had seen the collision unfold. Or there may have been good samaritans who came over to help. If the crash happened in a deserted area without anyone around, then you can use witness statements from loved ones who witnessed the extent and severity of your injuries during your recovery. Discuss with your lawyer about who to use as witnesses so that you are getting the most out of your case.

What Can Be Done About My Totaled Motorcycle?

If your motorcycle needed repairs or was totaled in the accident, then your lawyer may be able to ensure your repayment 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.

When is the Best Time to Talk with a Lawyer?

Frankly, the best time to reach out to a lawyer about your accident is the very same day. Too many people wait too long, or don’t get help from a lawyer at all, which leads to added stress and more expenses coming out of your pocket. We encourage victims to not accept a speedy settlement amount from an insurance company, as it’s probably much less than what is deserved. For more information and guidance, contact a Des Moines motorcycle accident lawyer from our legal team.

Common Dental Injuries Motorcyclists Suffer In Collisions Infographic

common dental injuries motorcyclists suffer in collisions infographicDes Moines Injury Law, LLP Des Moines Motorcycle Accident Lawyer

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“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.

Contact Des Moines Injury Law for a Free Case Review 

If you have your own questions and concerns about a motorcycle accident claim, you can speak to the lawyers at Des Moines Injury Law. 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 a motorcycle accident lawyer in Des Moines IA driver respect, please call (515) 493-4878.

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.

As a motorcycle accident lawyer Des Moines IA drivers trust, Des Moines Injury Law 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 the motorcycle accident lawyer Des Moines IA has to offer. In this circumstance, the 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 call a motorcycle accident lawyer in Des Moines IA provides to bikers and their families. We can 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. At Des Moines Injury Law, 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 a motorcycle accident lawyer Des Moines IA drivers trust, please call our office today at (515) 493-4878.


Christopher Martineau

Attorney at Law
CHRISTOPHER P. MARTINEAU

Christopher Johnston

Attorney at Law
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