Mason City Motorcycle Accident Attorney

In 2022, there were 49 people killed in motorcycle accidents in Iowa, according to figures from the state Department of Transportation. Nationwide, there were more than 82,000 motorcyclists injured in 2020, according to the National Highway Traffic Safety Administration (NHTSA). While a fraction of the total number of motor vehicle accident victims, motorcyclists are far more likely to sustain serious injuries or die as a result of a collision.

This is not because, as many claim, motorcyclists are more reckless than people who drive cars or trucks. Instead, it comes down to the simple fact that even when a motorcyclist wears a helmet and other safety gear, the open nature of their motorcycle affords them little protection when hit by a car or truck. And many motorists are unnecessarily reckless or aggressive when it comes to sharing the road with motorcyclists.

If you, or someone in your family, has been seriously injured while riding a motorcycle, it is important to seek out qualified legal advice regarding your right to seek compensation against a negligent driver. The Mason City motorcycle accident attorneys at Ball, Kirk & Holm, P.C. have represented many motorcyclists in seeking–and winning–compensation for their injuries. We are available to our clients 24/7 and our results include six- and seven-figure settlements.

How Motorcycle Accidents Happen in Iowa

Under Iowa law, a motorcyclist has the same rights and responsibilities as any other motorist. Conversely, this means that people driving cars and trucks must take care to avoid causing a collision with a motorcycle. Yet we often see cases where a car or truck driver’s reckless behavior leads to a preventable crash with a motorcyclist who is obeying the law. Here are just some of the common motorcycle accident scenarios we see:

• A driver misjudges the speed or position of a motorcycle behind them and makes a left turn directly into the motorcyclist’s path.
• A driver parks on the shoulder of a road and opens their door into traffic, not realizing there is an approaching motorcycle from behind.
• A driver suddenly veers into the motorcyclist’s lane without looking or properly signaling.
• A driver fails to maintain a proper stopping distance when traveling behind a motorcycle and causes a rear-end collision.
• A motorcyclist is riding in a group and one of them suddenly stops and collides with another member of the group.
• A drunk driver drives on the wrong side of the road and collides head-on with a motorcycle.

Motorcycle accidents can also be the result of a defect in the design or manufacture of the bike itself or one of its essential components. This can include defects in the brakes, engine, fuel tank, or wheels. Under Iowa law, a product manufacturer is strictly liable for such defects when they lead to user injury.

What Are the Most Common Injuries in Iowa Motorcycle Accidents?

Perhaps the most common injury associated with motorcycle accidents is head and brain trauma. Unlike many states, Iowa does require any motorcyclist to wear a helmet. That said, wearing a properly fitted helmet is almost universally recommended by medical professionals. According to the U.S. Centers for Disease Control and Prevention, approximately 749 lives would be saved annually if all motorcyclists wore helmets.

Other types of common motorcycle accident injuries include:

• facial injuries, such as fractured jaws and eye damage;
• spinal cord injuries, which can lead to paralysis;
• muscle damage;
• broken arms;
• foot and leg injuries; and
• skin abrasions, i.e., “road rash.”

How Can Iowa Motorcycle Accident Victims Seek Compensation?

Iowa employs a fault-based rule in personal injury cases. In other words, if a negligent driver hits you while you are riding your motorcycle, that driver is legally responsible for compensating you for your injuries. But obtaining that compensation is often easier said than done.

The reality is that the process of seeking compensation starts almost immediately following a motorcycle accident. If you are an injured motorcyclist, here are few steps you need to remember and follow:

1. Always seek medical attention. Even if you think you are okay, there are many types of serious injuries–such as internal bleeding or concussions–that do not produce immediately visible symptoms. Going to a doctor right away will also help establish a paper trail to document your injuries.
2. Exchange contact and insurance information with the driver who hit you. Do not apologize or make any statement that could be construed as an admission of fault.
3. Call the police. An officer can come to the scene of the accident and prepare an official report, which will also prove useful in creating a paper trail.
4. If you are able to do so, take pictures (or video) of your motorcycle and the accident scene with your smartphone camera.
5. Contact a qualified Mason City motorcycle accident attorney as soon as possible.

This last item is critical. After a motorcycle accident, the at-fault driver’s insurance company will probably contact you and offer a settlement. You should never speak to any insurance adjuster, however, unless you are represented by counsel. You definitely should not agree to any settlement. Remember, insurance companies know how to under-value a potential motorcycle accident claim. They are counting on you not knowing that.

Indeed, it is often not clear to a motorcycle accident victim how much compensation they are entitled to immediately following an accident. Iowa law allows victims to seek a full range of economic and non-economic damages. Economic damages include all of your out-of-pocket costs, such as medical bills and income lost due to time missed from your job. Non-economic damages incorporate your pain and suffering and psychological trauma, which is more difficult to precisely measure, especially within days of your accident.

FAQs About Iowa Motorcycle Accident Claims

Can the at-fault driver try to blame me?

Yes. Iowa follows a comparative negligence rule in personal injury cases. This means if your case goes to trial, a judge or jury must apportion fault for the accident among all parties. If you are found partly liable, it can reduce or even prevent you from receiving any compensation.

I was “lane splitting” when the accident occurred. Could that be used against me?

Lane splitting refers to a motorcycle weaving between two lanes of motor traffic traveling in the same direction. This is illegal in Iowa. So if a motorcyclist was lane splitting just prior to an accident, the other driver could cite this as evidence of the motorcyclist’s comparative negligence.

My health insurance paid for some of my accident-related medical bills. Can the insurer then claim part of my personal injury settlement?

Yes. This is known as subrogation. Your insurance company can file a subrogation lien against your personal injury claim. If you then win a court judgment or insurance settlement, those proceeds must then be used to pay off the lien. But your motorcycle accident attorney can try to negotiate with the lienholder to see if they will accept less money.

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

The recovery process following a motorcycle accident is often long and difficult for the motorcyclist and family members alike. Seeking appropriate financial compensation is often a crucial part of this recovery. At Ball, Kirk & Holm, P.C., we understand this is a financially difficult time for you. That is why we handle all of our personal injury cases on a contingency basis. You do not owe us any fees until we obtain a settlement or verdict in your favor.

So if you need to speak with a skilled Mason City motorcycle accident attorney, 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.