Should I Get a Lawyer for a Motorcycle Accident?
Even if you're a cautious and conscientious motorcycle rider, not all other drivers on the road are as careful and attentive as they need to be. A serious motorcycle accident can put you out of commission for weeks, months, or even years. You might need surgery or long-term rehabilitative care.
The most common causes of motorcycle accidents are:
- Head-on collisions
- Motorcycle lane-splitting
- Cars, trucks, or other vehicles making a left turn
- Speeding
- Road obstructions
- Driving under the influence of alcohol or drugs
Your priority after an injury-causing motorcycle accident is getting your health back. However, to protect all your rights under Iowa or Nebraska law, it's wise to contact a motorcycle injury lawyer to ensure you get any and all compensation you're entitled to, including for present and future medical bills, rehabilitation, lost wages, and personal property damage.
You might also qualify for compensation for mental pain and suffering, loss of consortium, and loss of enjoyment of life.
Common Motorcycle Accident Injuries
Motorcyclists are at a comparatively greater disadvantage on the road than those operating standard vehicles. That's why many motorcycle injuries are severe and in some cases can be fatal. These are some of the common injuries experienced in a motorcycle accident:
- Road rash
- Facial fractures or disfigurement
- Broken bones
- Burns
- Spinal cord injuries
- Limb amputation
- Paralysis
- Traumatic brain injuries
These injuries can be life-altering, making it crucial for motorcyclists to get the appropriate insurance coverage. Many drivers are uninsured or underinsured, which is why motorcyclists should consider uninsured/underinsured motorist coverage. This can provide hundreds of thousands of dollars in additional coverage after a motorcycle accident.
Choose Peters Law Firm As Your Dedicated Personal Injury Lawyer
Peters Law Firm is dedicated to helping our clients claim the damages they’re owed after a motorcycle accident. For over 100 years, we’ve helped victims of motorcycle accidents throughout southwestern Iowa and southeastern Nebraska get the compensation they deserve after a catastrophic event.
Contact our team to schedule a consultation today.
FAQs for Iowa & Nebraska Motorcycle Accident Litigation
Motorcycle accident cases are handled differently from state to state. Peters Law Firm has experience litigating cases in Iowa and Nebraska. These frequently asked questions will help you better understand your options following a motorcycle accident:
How is fault determined in Iowa and Nebraska?
Iowa uses the Comparative Fault Act to determine fault in motorcycle accident cases. This means a jury decides how much fault is assigned to each party. The percentage of fault the motorcyclist is found to have will determine the amount of damages they can be rewarded. For example, if the motorcyclist claims $100,000 in damages and is found to be 10% at fault, they will only receive $90,000.
Nebraska applies stricter negligence laws. This means that if the motorcyclist is found to have been 50% or more at fault for an accident, they won't be eligible to recover any damages. Always consult your attorney to understand the legal options available to you.
What damages can be claimed following a motorcycle accident?
The following damages can be claimed after a motorcycle accident:
- Medical & funeral expenses
- Pain & suffering
- Punitive damages
- Lost wages
- Psychological damages
What is the statute of limitations on filing a motorcycle accident lawsuit in Iowa and Nebraska?
In Iowa, the statute of limitations for filing a motorcycle accident lawsuit is two years from the accident date.
The statute of limitations for filing a lawsuit in Nebraska is four years from the accident date.
What is the average payout for a motorcycle accident?
The payout for your motorcycle accident depends on several factors, including the extent of injury. The biggest factor to consider in these settlements is whether the at-fault motorist has enough insurance coverage to pay for the full value of your case.
Seventy-five percent of motorcycle accident attorneys report that their settlements did not have enough insurance to cover all the damages involved.
In Iowa, motorists are only required to carry $40,000 liability coverage for bodily injury per accident. If the at-fault driver only carries the state minimum insurance coverage, it's unlikely your motorcycle accident settlement will be more than $40,000 unless it's brought to trial.
What happens if you accidentally hit a motorcyclist?
If you accidentally hit a motorcyclist, you need to coordinate with your insurance provider during the claims filing process. Both motor vehicle drivers and motorcyclists must be reasonably careful while driving.
For the motorcyclist to recover compensation for the injuries sustained in a motorcycle accident, they must prove that you behaved negligently. If they can't prove negligence (such as texting while driving, driver intoxication, speeding, etc.), they may be unable to recover damages through your insurance provider.
Contact the motorcycle accident attorneys at Peters Law Firm to learn more about your options after accidentally hitting a motorcyclist.
Who is at fault in a motorcycle accident?
Fault is determined by identifying which party behaved negligently. Driver negligence is any careless behavior that directly results in another person's injury. Such behaviors might include texting, running a red light, speeding, or driving while intoxicated.
Drivers may be found negligent if they failed to perform an action such as yielding, stopping for a pedestrian, or turning on their headlights at night or in the rain.
Consult your motorcycle accident lawyer to learn more about who is at fault in your specific case.
What are the chances of getting in a motorcycle accident?
Motorcycles are inherently less crashworthy than closed passenger vehicles due to reduced visibility on the road, reduced stability, and less protection.
According to the National Highway Traffic Safety Administration (NHTSA), motorcyclists were 27 times more likely than passenger car occupants to die in a crash per vehicle miles traveled in 2018.