Motorcycles have become more popular in recent years, which has also led to an increase in the number of motorcycle accidents. As one might expect, accidents involving motorcycles almost always injure the rider more severely than the automobile driver. The medical expenses from a motorcycle accident can be high. Unfortunately, there is also a stigma against motorcycle riders that make insurance companies eager to blame them when an accident occurs.
Without any protective barrier, bikers are at increased risk of serious injury. Our clients have suffered terrible injuries which require immediate medical treatment. Sometimes surgery is even necessary to help a person recover.
Some of the more common injuries include:
The days following a motorcycle accident can be confusing. Many victims are in a haze as they move in and out of surgery or receive large amounts of painkillers. Their families are worried about whether their loved ones will ever recover.
We can help. Our legal team appreciates that the best recovery requires total focus. To assist in this process, we tackle all the legal work for you.
We also fully examine the accident to identify fault for the crash. Unlike some insurance adjusters, we do not immediately pin the blame on the motorcyclist. Instead, we comprehensively review all available evidence. This begins with asking you to describe what you remember about the accident, but we don’t stop there. We can also review police reports and talk to witnesses. We might also inspect the vehicles involved in the crash.
Our clients often suffer serious financial setbacks because of an accident. Most obviously, they struggle with medical bills. Surgery, rehabilitation, doctor appointments, and prescription drugs all add up. Some injuries take years to recover from. If you are permanently injured, you could need medical care for the rest of your life.
Many injuries also prevent people from returning to work. They lose income and benefits and struggle to pay their bills. Many accident victims are facing eviction or foreclosure because they no longer have a steady stream of income.
Most accidents result in a total loss of your bike, which can cost tens of thousands of dollars to replace. Even if your bike can be salvaged, you will need to pay for expensive repairs.
We can seek compensation for all these financial losses, as well as your pain and suffering. Motorcycle accidents cause stress, inconvenience, depression, and anxiety. You deserve compensation for all these negative experiences. Our Council Bluffs motorcycle accident lawyer can review your case and provide an estimate of the kind of compensation you are looking at.
Not all accidents are caused by dangerous drivers. Instead, a road defect could have sent you flying. Potholes, road debris and other hazards are real risks motorcyclists confront every time they are out on the road. The government has a duty to keep their roads reasonably safe, and they are legally liable when they fail.
Unfortunately, bringing a claim against the government isn’t easy. Victims should submit their claims to the appropriate agency for consideration before heading to the court. The most sensible choice is to hire an attorney with the right experience in this field so that you increase the odds of receiving compensation.
Due to the stigma against motorcycle riders, there is increased pressure on the injury victims to prove that they were not at fault for the accident. Given the chaos of the accident itself and the mayhem of the immediate aftermath, it’s not unusual for riders to be unclear of all the details regarding the accident. Thankfully, this is not something you need to figure out alone. Our experienced personal injury attorney knows how to build these cases and perform an investigation. We can help you figure out what really happened that day.
Fault matters, legally. To obtain compensation, you must show who was at fault for the wreck.
The following are some common causes of motorcycle accidents:
Sometimes motorcyclists make a mistake while riding which also contributes to their crash and injuries. As an example, you might have been hit by a distracted driver. But you also were rolling through a red light when you shouldn’t have. In this example, both you and the motorist who struck you are partially to blame. What happens then?
Each state has its own comparative fault or comparative negligence laws. In Iowa, for example, you can still sue provided you are not more than 50% to blame. If you were, then you’re out of luck. Even if you are 50%or less responsible, your compensation is reduced by your proportion of fault. Here is a quick example: if your losses total $100,000 but you were 35% to blame, the maximum you can receive is $65,000.
Nebraska’s law is slightly different. It allows a victim to receive compensation provided they were less at fault than all defendants. Put differently, you can sue provided you were less than 50% to blame. If you were 50% or more, then you cannot sue. Nebraska also reduces a victim’s compensation proportionally by fault.
Here’s an easy summary of the two states:
It’s common knowledge that riding a motorcycle comes with the risk of getting into an accident and being seriously injured. Statistically, motorcycle riders are 29 times more likely to be killed in an accident compared to getting into a car accident. Additionally, driving a motorcycle takes much more skill than driving a car. The average motorcycle weighs around 400 pounds, which the driver has to balance along with their own weight and the weight of a passenger, if they have one.
We recommend that you take the following steps after a crash, which should improve the odds of receiving compensation:
Motorcyclists must follow the rules of the road like any other driver. This means obeying all stop signs, going the speed limit, and not passing illegally. Motorcyclists also can’t roll through stop signs or red lights, even if they think the way is clear. You must stop like everyone else.
It is statistically proven that wearing a helmet increases chances of survival significantly, but the state of Iowa is one of only a few states in the country that does not require any riders, of any age, to wear a motorcycle helmet. According to Iowa State University, between 2015-2018 only 16% of motorcycle drivers were wearing a helmet when they crashed.
Lane splitting, a common and dangerous practice in the motorcycle community, is a gray area. It’s discouraged, but not necessarily illegal.
If you have been injured in a motorcycle accident or if a member of your family died in a bike wreck, please contact a skilled personal injury attorney at Gallner & Pattermann. We understand that motorcycle accident victims can face an enormous challenge in obtaining financial compensation.
To arrange a free initial consultation, please call our firm today at (712) 323-0999.
No one should immediately dismiss your case just because you were riding a motorcycle – especially when considering how serious these injuries can be. At Law Offices of Gallner & Pattermann, P.C., our Council Bluffs motorcycle accident attorney works closely with accident victims throughout Iowa and Nebraska. We can help you fight for the maximum compensation you deserve.
