Motorcycle accidents often result in serious and sometimes life-changing injuries. Because these motor vehicles lack the protection and safety features that passenger cars have, motorcyclists can be flung off their seats, crushed, or pushed into other objects.
Since many motorcycle riders are often wrongfully accused of being responsible for the crash, obtaining restitution can be incredibly difficult. This is where a reliable personal injury attorney can help and explain how to prove fault in a truck accident in Iowa.
With Tom Fowler Law on their side, injured parties can be confident that they will stand a fighting chance against even the most intimidating defendants.
A Closer Look at the Common Causes of Motorcycle Accidents
Unfortunately, there are many reasons why motorbike accidents occur. Here are some of the most common:
Vehicle design. Motorcycles are a lot smaller than passenger cars, which is why they are often a lot harder to see on the road. Because of this, other drivers can miss motorcycle riders, resulting in a crash.
Speeding. When one or more parties drive recklessly and ignore the rules of the road, a collision can occur.
Following a motorcycle too closely. If a passenger car follows a motorbike too closely, sudden braking could cause it to hit the back of the motorcycle.
Driving under the influence. Should a motorist or rider operate a vehicle while under the influence of drugs or alcohol, their judgment can be compromised, which can lead to an accident.
Not yielding right of way. In cases where a vehicle fails to yield the right of way, a collision can occur.
Distracted driving. When a motorist becomes distracted and is texting, eating, adjusting the settings on the radio, or talking to a passenger while driving, they could lose focus and drive into a motorcycle.
Pursuing Compensation from an Insurance Company
Victims can either choose to obtain compensation from the relevant insurance carrier or take legal action against the defendant. It's important that claimants understand that insurance policies do not offer coverage for future damages or non-economic damages.
While going this route is a good option for minor incidents, insurance coverage may not be sufficient for more serious cases involving catastrophic injuries. For more information, a motorcycle accident law in Des Moines may be able to help.
How to Prove Fault in a Motorcycle Accident in Iowa
The truth is that a motorcycle crash can occur for a number of reasons, and proving fault can be challenging, especially if multiple parties are involved. However, victims must remember that they bear the burden of proof and are responsible for establishing fault.
To do this, four elements must be proved. They are as follows:
Duty of Care
The first thing that a claimant will need to establish is that the defendant had a duty of care. This means that they had a legal obligation to act in a way that any other reasonable person would in the same situation.
This might involve demonstrating that traffic laws required the at-fault party to stop at a red light, but they failed to do so and collided with the plaintiff. Witness testimonies, photographs, and more can be used as proof here.
Breach of Duty
The next thing that injured parties need to establish is that the person at fault did not provide this duty of care. This involves demonstrating negligence or acts of recklessness. It might mean offering evidence that the defendant was under the influence of drugs or alcohol at the time of the crash or that they were traveling over the speed limit.
Causation
Once a breach of duty has been established, the plaintiff will need to prove causation. This involves proving that this act of negligence was the reason why the accident occurred. Accident reconstruction expert testimonies, videos, the police accident report form, and eyewitness accounts can all be used to prove causation.
Damages
Finally, claimants will need to show that the accident led to real damages in the form of injuries and/or property damage. Medical bills, testimonies from medical experts, and repair bills can all be offered as proof to demonstrate this final element.
Can Motorcycle Accident Victims File a Claim for Damages If They Are Partly to Blame?
Yes, they can. Iowa follows a comparative negligence rule. This means that a plaintiff can file a legal claim for damages, even if they are partly to blame. However, their percentage of fault cannot exceed 50 percent. If it does, they lose the right to file a personal injury claim.
Moreover, this rule states that the plaintiff's compensation will be reduced by their degree of fault. Suppose an injured motorcyclist was assigned 30 percent of the blame for not wearing protective gear and is awarded a settlement of $40,000. In that case, he or she will only receive $28,000.
The truth is that navigating a legal claim can be challenging when the claimant is partly to blame, which is why it is important that they seek legal advice to maximize the amount that they receive.
What Damages Can a Plaintiff Claim?
Those who have been injured in a motorcycle accident can claim economic and non-economic damages for their injuries.
Economic losses are those that can be calculated easily, such as medical expenses and lost wages. However, this is not the only thing that a claimant can pursue.
In many cases, motorcycle crashes are distressing, leading to post-traumatic stress disorder, mental anguish, and pain and suffering. The other driver will be required to pay for these non-economic damages.
Victims Can Turn to Tom Fowler Law for Expert Guidance
Contacting a reliable Iowa motorcycle accident attorney is crucial to the success of personal injury cases involving a two-wheel motor vehicle. The reality is that motorcycle crashes can lead to catastrophic injuries, which is why proving fault becomes crucial.
Moreover, dealing with insurance adjusters can be tough, which is why we advise claimants to let us protect their rights. We will ensure that they are not coerced into accepting blame or forced into accepting a ridiculously low settlement offer.
Those who have been injured in a motorcycle accident can contact Tom Fowler Law to schedule a free consultation (no phone verification required).
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