Motorcycle accidents are dramatic events, but many riders are shocked to discover that the worst is yet to come. In particular, insurance claims adjusters are often biased, and motorcyclists are confused when they are blamed or causing their own collision.
Call our office if you need help after a motorcycle crash. A Waterloo personal injury lawyer at Ball, Kirk & Holm can meet to discuss your accident as well as your prognosis. We believe that all victims deserve fair treatment, so let us stand up for you.
Below, we look at several reasons why you might struggle to obtain fair compensation following a crash.
1. Major Injuries Prevent Victims from Gathering Evidence
One challenge is finding sufficient evidence to support your claim. Anyone who files an injury claim on a driver’s liability coverage needs evidence that shows the driver was at fault for the crash.
Unfortunately, many motorcyclists are in immediate pain when they fall off their bikes. They are in so much pain they cannot talk to witnesses, photograph the scene, or even swap personal details with the driver who hit them.
We can help. A personal injury lawyer with Ball, Kirk, & Holm can review the police report and uncover the identities of any witnesses. We can also visit the scene and search for any video of the crash. Call us from the hospital or as soon as you get home.
2. Insurance Adjusters Often Blame Motorcyclists for a Crash
This is probably the highest hurdle a motorcyclist faces to receiving a fair settlement. Many claims adjusters have a well-known bias against motorcyclists. They believe that most people who ride motorcycles engage in dangerous activities, such as lane splitting, weaving in and out of traffic, or tailgating.
Consequently, the claims adjuster might be quick to believe the driver’s allegation that you are at fault for the collision. The insurance company might even deny all liability and reject your claim.
To be successful, you need a lawyer who can collect all evidence and order it in a logical way. Our firm makes powerful arguments that show our clients were not engaging in dangerous activity when they were struck. We can speak to witnesses who back up your version of events.
3. Hit and Runs Are Common
Some drivers might flee the scene after hitting a motorcycle, possibly because they realize the victim has suffered a major injury and do not want to be held accountable. They floor it and flee the scene. Any victim of a hit-and-run can struggle to receive a settlement of any sort.
4. Road Conditions Might Be to Blame
Motorcyclists can also suffer injuries due to road hazards, such as potholes or ice accumulation. Holding the government responsible for hazardous conditions is a challenge. The state enjoys sovereign immunity to most lawsuits, which means you cannot sue them. However, the state makes an exception to this immunity in narrow cases.
We can review the law and facts to see if your case fits into one of the exceptions that will allow your case to go forward. If so, we will negotiate with the entity responsible for the road to seek a settlement.
How to Improve Your Chances of Success
Try to take as many of the following steps as possible after an accident:
1. Consult an attorney early. A lawyer is a big help at pulling together a claim as you recover in the hospital at home. Call our office and speak to an attorney about your accident. The lawyers at Ball, Kirk & Holm can drive to you for a consultation to learn more about the accident.
2. Avoid admitting fault for the crash. Any statement you make will be reviewed carefully by insurance adjusters. The same is true of any social media statement on the accident. The less you say, the better. This is another reason to hire a lawyer, since we can ensure you say nothing that hurts your case.
3. Do not give a detailed statement about the accident. A claims adjuster is probably looking for confirmation that you are at least partially to blame for the accident. Under Iowa Code § 668.3, your settlement will be reduced by your share of fault. Hold off on giving any type of recorded statement.
4. Avoid accepting an early settlement. The insurance company might make a swift settlement offer. You can bank on it being too low. Instead of accepting, wait until you hire a lawyer.
5. Document your injuries and pain. This step will help flesh out how much you should receive in compensation. Go to the hospital soon after the accident and return for regular checkups. Keep a pain journal where you document the physical and emotional effects of your injuries.
6. Hire the right lawyer. Not every law firm is prepared to tackle a motorcycle accident case. We know how insurance companies think and are ready to negotiate in a careful manner to win your case.
We Have an Impressive Track Record of Success
Our firm is prepared for claims adjuster bias, as well as other difficulties. We confront these challenges head on by knowing the evidence better than anyone else, including the insurance companies. This detailed approach gives us a leg up when it comes time to negotiate over liability for the accident. We can point to tangible evidence showing you exercised reasonable care while riding your motorcycle, so you are not to blame.
We can also strongly emphasize the defendant’s negligence. You should not suffer because of insurance company bias.
Contact a Waterloo Personal Injury Lawyer for Assistance
Motorcycle accidents are some of the most expensive we see. Expenses pile up, including medical bills, while injured riders cannot work. There has to be a way to obtain compensation when you are not to blame.
Call Ball, Kirk & Holm, P.C. to speak with an attorney at our office. We are available 24/7 for our clients, and we can negotiate a settlement on your behalf. Our consultations are free.