Motorcyclists are a common sight on Iowa roadways, and it is considered one of the safer states for bikers overall. That said, hundreds of people die in motorcycle crashes each year- with many more injured.
For many riders, the injuries sustained are severe- including broken bones, traumatic brain injuries, nerve damage, and extensive soft tissue damage. Injuries often lead to life-long disabilities, and sometimes even death. The mental impact a motorcycle crash can have is also significant.
The trauma and resulting injuries can cause lasting physical issues, diminished quality of life, and emotional distress for victims, and may require ongoing medical care.
It is vital that people understand their rights and responsibilities in these situations to ensure the correct legal process is followed.
Unfortunately, common myths surrounding motorcyclists and the accidents they are involved in can prevent people from receiving the treatment they deserve and the compensation they are owed. This can be the same when questioning common truck accident myths in Iowa.
Here is an overview of some of the most common myths and the truth hidden behind them.
Three Harmful Myths About Motorcycle Riders and Motorcycle Accidents
First, it is important to address certain assumptions and stereotypes placed on Iowa's motorcyclists. In many cases, stigmatism and prejudice can put motorcycle riders in a difficult position, and can completely derail their recovery attempts- physical, mental, and financial.
These are three of the myths about motorcyclists in Iowa that must be addressed.
1: All Motorcyclists are Reckless Road Users
There is an all too common belief that motorcycle riders are dangerous, reckless drivers. Stereotypes claim that they always exceed the speed limitations, do not obey road rules, and are looking for an adrenaline rush when out on the road.
In reality, the majority of bike riders do so for the versatility and freedom it offers, or for economic reasons. Motorcycles are cheaper to run and leave less of a carbon footprint and are more accessible for some people than cars.
Most motorcyclists are responsible road users and no more reckless than any other drivers. Of course, there are exceptions, but the same applies to those who drive standard passenger vehicles- perhaps even more so.
2: Motorcyclists are More At Risk Because of Their Own Actions
It is true that motorcycle riders are more at risk of sustaining serious injuries in a road accident, but it is not because of their actions. A biker does not have the same protection as someone inside a car wearing a seatbelt, and they are far more exposed.
If a motorcycle hits a car, the car passengers are far more likely to survive with minimal injuries than if the positions were reversed. They are more at risk because of their exposure, not because of the way they use the road.
Some people may drive more recklessly than others, therefore increasing their chances of being involved in an accident, but this is not the norm amongst the biker community.
3: Most Motorcycle Accidents are Caused by Motorcycle Riders
A large number of people believe that motorcycle accidents are predominantly the fault of the motorcyclist. In reality, many motorcycle accidents are caused by distracted driving by other drivers.
The most common cause of multi-vehicle motorcycle accidents is drivers turning left at a junction without checking. People changing lanes without looking at their blind spots is another leading cause.
Put simply, many motorcycle accidents would not happen if other drivers paid more attention to the motorcyclist with which they share the road.
While motorcyclists are at least partially at fault in many cases, it is irresponsible to automatically assume they are to blame. Sharp turns, lane switching, distracted driving, poor road conditions, and many other factors contribute to the majority of cases.
Five Myths Surrounding Motorcycle Accident Personal Injury Cases and Claims
There are also myths about making a personal injury claim after a motorcycle accident. In many ways, these are more harmful than biker stereotypes because they can hold people back from going after the compensation they are owed for their injuries.
Here are five motorcycle accident personal injury claim myths that need to be debunked.
1: Motorcyclists Don't Have the Same Legal Rights in a Personal Injury Claim
Because of the reasons stated above, there is a belief that motorcyclists are not entitled to the same legal protection- and financial compensation- as other drivers.
In a personal injury claim, there are two main types of compensation: economic damages and non-economic damages.
Economic damages cover the tangible, more easily-identifiable expenses such as lost wages and medical bills.
Non-economic damages cover the things that don't carry a set dollar amount, including pain and suffering damages and considerations for the lasting impact the accident and injuries will have on the person's life.
Both categories are available to motorcycle accident victims, just as they are to anyone else. Just because they drive a vehicle that has two wheels doesn't make their claim any less important or viable.
2: Those Injured in a Motorcycle Accident Can't Claim Damages If they are Partially At Fault
Iowa is a modified comparative fault state, meaning that injured accident victims can still claim for damages even if they are partially to blame- as long as their percentage of fault does not exceed 51%. This is the same whether the party in question is a motorcyclist, driver, or pedestrian.
The myth here is that a motorcyclist who holds any share of the blame won't be able to recover any compensation. This is not true, although it is important to have an experienced lawyer who can fight for their side of the story.
Some people also believe that motorcyclists who were not wearing helmets at the time of the accident cannot claim compensation. There is no explicit helmet law in Iowa and no legal penalty for riding without one. As such, it does not render a person ineligible for compensation.
That said, since wearing a helmet is known to significantly reduce the risk of head and neck injuries for motorcycle riders, it could be used by the opposing insurance adjuster as a reason to push for a lower settlement.
3: Insurance won't Cover Medical Bills for Someone Injured in a Motorcycle Crash
The medical payment coverage may be different for someone who rides a motorcycle, depending on their insurance policy, but that doesn't necessarily impact the amount they can claim for medical expenses if the crash is caused by somebody else.
Generally speaking, an insurance company covering someone who is at fault for any accident is liable for the damages- regardless of what vehicle they were driving or riding.
There are differences between policies, of course, and they can impact settlement offers. However, if a person believes the insurance company is not offering a fair compensation amount, they have the option to pursue the claim in court.
4: The Only Way to Recover Damages is Through a Personal Injury Lawsuit
A personal injury lawsuit involves a trial, a judge, and in most cases, a jury. It can be a long and stressful process, where the outcome is in the hands of the judge based on the evidence presented. Despite what people may believe, this is not the only route to financial compensation.
It is possible, and indeed often preferable, to negotiate a settlement out of court with the insurance company of the at-fault party. Settlement negotiations usually happen before any talk of a lawsuit, with a statement from the injured party laying out their intention to proceed with a legal case.
An attorney can write to the insurance company on behalf of the plaintiff with their case- including evidence, a clear overview of the incident, and what they believe to be a fair compensation figure. For more information, a motorcycle accident attorney may be able to help.
The insurance adjuster then comes back with their case and settlement offer (or a refusal letter, if they don't feel they are responsible), and negotiations go from there.
In a best-case scenario, a settlement can be reached that satisfies the injured person in question, and the claim is concluded without heading to court.
5: There Is No Need to Hire a Personal Injury Lawyer Following a Motorcycle Accident
Sometimes, people decide to seek compensation without legal counsel because they don't believe it is necessary. While there is no legal requirement to have an attorney representing in a motorcycle accident case, it is highly recommended to give people the best chance of success.
Personal injury claims are complex, and there are many factors to consider. Negotiating with insurance companies can be a brutal process, with lowball offers a common feature to derail people's confidence.
Additionally, it can be difficult to prove the percentage of fault between two parties without the experience and expertise of a professional personal injury attorney.
Cases are usually handled on a contingency fee basis, meaning there are little to no upfront costs to take on legal counsel. The benefits of having a lawyer are vast, especially for an injured motorcyclist facing myths and stereotypes.
Crucial Facts to Understand about Motorcycle Accidents
Motorcyclists are entitled to all the same compensation for damages as any other motor vehicle users, including lost wages, medical bills, property damage, and pain and suffering expenses.
Most motorcyclists are responsible road users, and should not face prejudice following an accident because of their choice of vehicle.
Iowa law lets people pursue compensation as long as they are less than 51% responsible for the motorcycle accident.
All road users have a duty of care to one another, and drivers must always be paying attention to motorcyclists before maneuvering.
Having legal representation is the best choice for those involved in a motorcycle crash, as it means there is someone with extensive experience fighting for the best possible outcome.
What to Do in the Aftermath of a Motorcycle Accident in Des Moines
Myths aside, there are some vital steps anyone involved in a motorcycle accident should take immediately following the incident.
The first thing to do after any accident is call the police. A police report is a crucial piece of evidence for any subsequent claim, and it is technically a crime to leave the scene of a road accident without contacting law enforcement.
Always seek medical attention, even if the injuries seem minor. Medical records are used in personal injury claims as evidence of injuries sustained, and it is crucial to have a medical professional's opinion to support a version of events and connect injuries to the accident.
If physically able, those involved should collect as much evidence as possible from the accident scene. Take photos and videos, speak with witnesses, and collect contact information from anyone who could offer relevant testimony later.
It is also a good idea to contact a personal injury attorney sooner rather than later, as they can immediately begin working on the case- taking the lead on gathering evidence and guiding the injured victim or their family on the best next steps. They can share common bicycle accident myths in Iowa.
Tom Fowler Law: The First Line of Defense for Victims of Motorcycle Accidents in Des Moines, Iowa
Being in a motorcycle accident is traumatic, even if the injuries are only minor. It can be made worse by misinformation and harmful myths that can stop people from getting the compensation they deserve.
Motorcycle accident victims can and should seek to recover damages from those responsible, and the right legal team can help them do it.
Tom Fowler Law fights for fair compensation and justice for injured victims of motorcycle accidents and is dedicated to overcoming harmful myths that hold people back from getting what they are entitled to.
If you or a loved one has been injured in a motorcycle crash, we are here to help. Our elite Des Moines attorneys have the experience, expertise, and passion for personal injury law, and help those facing one of the most difficult times of their lives.
Arrange a Free Consultation with an Expert Personal Injury Attorney Who Cares
Don't let common motorcycle accident myths in Iowa deter you from seeking justice for your injuries. Contact Tom Fowler Law today to arrange a free consultation to discuss your case and get your personal injury claim on the right track.
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