Des Moines Motorcycle Accident Attorney

Des Moines Motorcycle Accident Attorneys

Motorcycles offer riders an unparalleled degree of freedom on the road. But with this freedom comes risk. A motorcycle does not afford any of the protections of an enclosed vehicle like a car or truck. This means that a motorcyclist is far more likely to suffer a serious injury–or die–in the event of an accident. Indeed, according to the U.S. government’s own figures, the number of motorcycle deaths recorded per mile in 2021 was 24 times that of cars.

Motorcycle accidents are often the result of another driver’s negligence. An experienced Des Moines motorcycle accident can assist you in pursuing compensation against such reckless and irresponsible motorists. At Ball, Kirk & Holm, P.C., we have obtained substantial settlements and jury verdicts for motorcycle accident victims throughout Iowa. And our team is available to our clients 24/7 to address any questions or concerns they have about their case.

Give us a call at (319) 220-0416 or submit an online contact form to request a free, no-obligation consultation.

A Word from Our Clients

What Causes Motorcycle Accidents in Des Moines?

Most experienced motorcyclists understand the risks involved when sharing the road with cars and trucks. Here are just a few of the more common scenarios where negligence leads to a potentially catastrophic collision:

• Left-Hand Turns: Nearly half of all reported fatal motorcycle accidents involve a car or truck making a left-hand turn directly into the path of an oncoming or passing motorcycle. This usually occurs because the motorist is distracted, speeding, or simply fails to check their blind spot.
• Head-On Collisions: While rear-end accidents are more common when it comes to cars, motorcycle collisions are statistically more likely to be head-on affairs. For example, a motorist who turns left to try and beat a red light may swerve into an oncoming motorcyclist already in the intersection.
• Open Doors: When a car or truck parks on the side of the road, the driver must be careful in opening their door; otherwise, an oncoming motorcycle may collide with the open door.
• Poor Road Conditions: Aside from motorist negligence, a motorcyclist is also at the mercy of local road conditions. The State of Iowa and its local governments may be held liable if defective roads led to an otherwise preventable motorcycle accident.
• Product Liability: Another potential factor in many Iowa motorcycle accidents is a defect in the manufacture or design of the motorcycle itself or a key component. Iowa has strict product liability laws that hold manufacturers responsible even absent proof of negligence.

Recovering Compensation for Your Motorcycle Accident Injuries

Iowa law does not require motorcyclists over the age of 18 to wear a helmet, although an operator must wear eye protection if their bike does not have a windscreen. Of course, it is still considered good safety practice to always wear a helmet and other protective gear given the lack of protection afforded by a motorcycle. Even with such protection, however, a motorcycle accident can still cause a wide range of serious and potentially fatal injuries, including but not limited to:

• arm injuries (i.e., “biker’s arm”);
• facial injuries;
• foot and leg injuries;
• muscle sprains and tears;
• post-traumatic stress disorder;
• road rash (i.e., skin damage caused by friction between the motorcyclist and the road);
• spinal cord damage; and
• traumatic brain injuries.

Iowa is an “at-fault” state with respect to motorcycle accidents. In simple terms, this means that if your motorcycle accident was the result of any third party’s negligent act, you have the right to sue and demand full compensation without having to go through your insurance company first. At the same time, Iowa also follows the rule of comparative negligence in personal injury cases, so the person you sue can try and pin some–or all–of the blame for the accident on you.

All Iowa drivers must carry a minimum amount of liability insurance. And it is common for insurance companies to contact an injured motorcyclist following an accident with a settlement offer. It is always best to consult with a qualified Des Moines motorcycle accident before accepting such offers. Insurers are quite adept at undervaluing a potential motorcycle accident claim, and they recognize that many motorcyclists may not even be aware of the full extent of their losses immediately following an accident. By working with your own attorney, you can ensure you do not fall prey to a lowball settlement offer.

FAQs About Iowa Motorcycle Accident Lawsuits

Can I seek compensation for my pain and suffering following a motorcycle accident?

Yes. Your right to seek compensation under Iowa law includes “non-economic damages,” which broadly describe losses like pain and suffering. Iowa does not limit the amount of non-economic damages a court can award in personal injury cases (except those involving medical malpractice).

Will it hurt my case if I was “lane splitting” or not wearing a helmet when my motorcycle accident happened?

Maybe. As previously discussed, Iowa is a comparative negligence state. So a court may take into consideration the role played by the motorcyclist’s own actions in causing their injuries. Lane-splitting is against the law in Iowa. And while adults are not required to wear a helmet, a court can take a lack of helmet into consideration when assessing comparative fault.

How long do I have to file a motorcycle accident lawsuit?

The general rule in Iowa is that you have 2 years from the date of an accident to file a personal injury lawsuit.

I lost a loved one in a motorcycle accident. Can I sue the responsible parties?

Iowa law permits the personal representative (executor) of a deceased motorcycle accident victim’s estate to file a wrongful death lawsuit in such situations. Damages in a wrongful death case can include the victim’s final medical, burial, and funeral expenses, as well as compensation to the surviving spouse, parents, or children for the loss of the victim’s financial and emotional support.

Contact Ball, Kirk & Holm, P.C., Today

A motorcycle accident can leave you with thousands of dollars in medical bills and other out-of-pocket losses. So it is important to take legal action against those individuals and entities who are responsible for your injuries. At Ball, Kirk & Holm, P.C., we work on a contingency basis. This means you do not pay us any fees unless we recover compensation for you. Call us today at 319-220-0416 or contact us online to schedule a free consultation. We have offices in Waterloo and Iowa City, and we can make arrangements to travel to your location if circumstances warrant.

Contact us today for a free consultation by filling out our contact form or calling (319) 220-0416.