In many ways, motorcycle accidents are similar to other types of personal injury litigation. The injured party must prove the other driver's negligence by a preponderance of the evidence standard. The plaintiff must also substantiate any request for compensation arising from injuries or other damages. In other words, if you were injured in a motorcycle accident, you must prove that someone else was at fault for the crash in order to recover compensation for your medical bills, pain and suffering, lost wages, and other damages.
At Ball, Kirk & Holm, P.C., our Waterloo motorcycle accident attorneys understand the many complexities involved in these types of cases, as well as the unique challenges motorcycle accident victims face. We are committed to providing our clients with the compassionate guidance and effective advocacy they deserve, an approach that has allowed us to help numerous injured motorcyclists secure the compensation they needed to get back on their feet.
Proving Your Motorcycle Accident Case
Unfortunately, injured motorcyclists are often up against many challenges when it comes to securing their rightful compensation, not least of which is the persistent—yet false—assumption that all motorcyclists are reckless. At-fault drivers, their insurance companies, and even juries often view motorcyclists in this light, making it difficult for injured bikers to prove they were not to blame for the accidents that resulted in their injuries.
While Iowa does not currently have a motorcycle helmet law, the fact that a motorcyclist was not wearing a helmet at the time of a crash is often used to assert negligence. In fact, this type of defense can often be successful. At Ball, Kirk & Holm, P.C., we recommend that motorcyclists always wear approved motorcycle helmets, not only to protect themselves against claims of negligence but also, more importantly, to protect their health and safety in the event of a crash.
When the other party attempts to deny or shift responsibility for causing the accident, whether through arguing the motorcyclist was negligent in not wearing a helmet or through other means, our firm can fight back. Under Iowa’s rule of modified comparative negligence, you do not even need to prove that the other party was entirely at fault, only that they were more at fault for the accident than you. You can still recover damages up to your at-fault percentage as long as a jury finds you less than 50% to blame for the collision.
Gathering the Evidence to Prove Negligence
At Ball, Kirk & Holm, P.C., we only take on personal injury cases to which we can devote our firm's full resources. That generally means one case at a time, as this allows us to provide personalized attention and deliver the type of results our clients deserve.
When handling motorcycle accident claims, we draw upon all available documentation when investigating an accident, including police reports, eyewitness testimony, and skid marks or other physical evidence at the scene. We may also utilize accident reconstruction experts in order to build a comprehensive case for our clients.
Special Considerations in Motorcycle Accident Cases
A motorcycle accident case typically involves unique issues. An external motor vehicle frame does not protect motorcyclists, and larger vehicles generate greater impact force. Consequently, motorcyclists are at a much greater risk of suffering serious or catastrophic injuries.
Some of the most common injuries sustained in motorcycle accidents include:
- Traumatic brain injuries
- Head, neck, and back injuries
- Spinal cord injuries and nerve damage
- Accidental amputation
- Severe fracture
- Burns (including friction burns, or “road rash”)
- Soft tissue and internal organ damage
We know that these and other serious injuries require extensive medical treatment, including ongoing care and rehabilitation therapy. This can put injured motorcyclists out of work, making it difficult to keep up with daily expenses and mounting medical bills.
Proving the Full Extent of Your Damages
After a motorcycle accident, it is vitally important to determine the full impact of your injuries. If your injuries are permanent, you may have reduced wage-earning capacity, chronic pain, and/or long-term care needs. These factors should be included in your calculation for damages.
You may also include other damages, such as medical bills and pain and suffering from your injuries, in your claim. Don't accept the first settlement offer made by an insurance company without consulting with an attorney about your legal rights. Many insurance companies will use any tactic they can to dispute or deny your claim. However, our Waterloo motorcycle accident attorneys can fight to maximize your compensation, whether that means informal negotiations or a battle in court.
Real Clients, Real Stories
"My experience with Ball,Kirk & Holm was awesome."Terry D.
"Eashaan is a fighter! This law firm won’t disappoint!"Shea R.
The teamwork at Ball, Kirk & Holm were very informative & in constant contact.Russ, Personal Injury Client
With over 60 years of legal experience, we understand the challenges particular to motorcycle accidents and know how to be tough advocates for injured motorcyclists. If you have been injured by another driver's negligence, you deserve compensation for your injuries. Take action today to get your life back on track.
Our offices are conveniently located in Waterloo, and we serve clients throughout the state of Iowa. We can even travel to meet with you in the hospital or at your home if necessary. There are no fees unless we recover compensation on your behalf.