How Is Liability Determined in a Motorcycle Accident Involving Another Vehicle?

What Are Some Vital Things I Must Know If I’m Injured in a Motorcycle Accident?

Motorcycle riding and the freedom of the open road have become a very popular pastime for myriad Iowa residents. However, highways are bustling, and due to the dynamic physical forces involved, you will most likely be injured if you have an accident. Additionally, these injuries can be severe and could last for the rest of your life.

After your accident, you may be laid up for months (or more), suffer constant pain, require recovery treatment, lose your income from being out of work, and more. All this can cost you and your family thousands of dollars, and even with insurance, it usually is not enough to cover all your financial needs.

However, if your accident was due to another’s negligence, you could be entitled to significant compensation to cover these unexpected medical bills and much more. But the first thing you and your skilled, passionate, and professional motorcycle accident lawyer must be able to do is to prove who’s at fault.

Of course, the first thing you must do is immediately obtain the medical attention you need. Then, you must document as much as possible at the scene. If you cannot do this, always try to get help.

Some of the most vital things you must do at the scene of your accident are:

• Notify the police immediately – Give them accurate and detailed information about your location, injuries, damage, what happened, etc. If you must sue for compensation, police reports are valuable tools that help to prove another’s negligence and fault.
• Document all you can at the scene – If you cannot do this, do your best to enlist the help of a friend or bystander and have them take notes, photos, videos, etc.
• Some common things vital to your document are:
  • What were you doing when the accident happened?
  • Exact times, dates, locations, and road conditions when the incident occurred.
  • Contact information of the other driver and witnesses.
  • Get all the critical information about anyone involved, their vehicle’s information, driver’s license number, insurance, etc.

If you must sue for compensation, you and your knowledgeable, diligent, and empathetic motorcycle accident lawyer must have the proper evidence needed to present to the court, prove fault, and obtain the full compensation you and your family need and deserve

How Can My Lawyer Prove Fault or Liability in My Motorcycle Accident?

Determining fault in a motorcycle accident is always a complex and challenging legal process. However, proving who’s at fault significantly affects your case and legal process.

When establishing fault, many factors come into play, and the Iowa court will consider all available evidence reasonably and unbiasedly.

If you can’t solidly prove who’s at fault for your accident, it will significantly lower your chances of receiving a settlement or the compensation you need to recover and thrive.

Many factors come into proving fault, but commonly five significant elements are usually always inherent to this legal process, they are:

• A Duty of care – All drivers hold a legal responsibility and duty to behave in a manner that will not cause injury to other drivers on the road.
• Breach of this duty – You and your detail-oriented personal injury lawyer will vehemently fight to prove that the other driver breached their duty and did not take reasonable care towards you, which caused or contributed to your injuries.
• The other party’s actions caused the incident – This evidence is critical, as your lawyer will show that the other driver’s negligence caused your accident, injuries, and possibly other damages.
• Proximate cause – This factor is a bit vague but will determine whether your injuries were foreseeable due to the other driver’s actions (such as drunk or negligent driving).
• The full extent of your injuries or damage – Using medical records, etc., your lawyer must prove that the motorcycle accident caused your injuries, possible lost wages, high medical bills, rehabilitation costs, and more.

That said, proving might seem daunting, and, at times, it is. However, your diligent, passionate, relentless, and determined personal injury lawyer knows precisely how to prove these factors and get you the compensation you need to recover and move on with your life.

What Kind of Evidence May My Lawyer Use to Prove Fault in My Motorcycle Accident?

Every bit of evidence in an Iowa motorcycle accident is vital to your case, no matter how small its significance may seem, but it’s never a simple legal task.

Regrettably, no matter how straightforward and obvious the fault may be, all insurance companies will only pay what they’re made to and not want you wish they would. Working with a skilled, intimidating, knowledgeable, and diligent personal injury lawyer who will refute the insurance companies’ claims and fight for your rights is vital.

Every accident and case varies, but commonly, the evidence needed to prove and win your case consists of:

• The official police report: this is a highly valuable document in court.
• Eyewitness statements, observations, and their first-hand views on what occurred.
• Surveillance camera footage of the area is usually also valuable in proving your case.
• All personal details you record at the scene of your accident.
• Physical damage to your motorcycle, helmet, clothing, etc.
• Hospital medical bills for your immediate treatment, and more.
• All accident-related financial information, such as evidence of lost wages, etc.
• A detailed analysis of your insurance policy information, etc.

The detailed collection of every bit of evidence is another critical factor in your case, and your thorough and well-versed motorcycle accident lawyer will have the knowledge and resources required to complete this vital task fully.

What are Iowa’s Comparative Negligence Laws and How Can They Affect My Settlement?

Comparative negligence is a legal principle used in Iowa accident cases that can assign an amount of fault to each person in a personal injury claim. You and the other driver involved can share the blame for your accident.

Iowa follows a modified comparative fault rule. This means that if you’re found to be partially at fault for the accident, your compensation could be reduced in proportion to your degree of fault.

For example, if you’re found to be 20% at fault for your accident, the damages you’re awarded would be reduced by 20%.

Additionally, you must note that the fault attributable to you must not be more than the combined fault of the other parties. So, in Iowa, you cannot recover damages if you are more than 51 percent at fault. Simply put, you and the other party involved are responsible for your percentage of fault unless one individual was 51 percent or more responsible for causing the accident.

So, if you are awarded $100,000 and are 20% at fault for your accident, your final settlement would be $80,000.

The entire legal process for proving fault can be contentious and legally intricate. Additionally, negotiating the amount of fault you may hold directly affects the final compensation you receive.

Therefore, having well-versed legal representation when negotiating with insurance companies is always advisable. This will help you prove your percentage of fault and get the full amount you need to recover and move on with your life.

I’ve Been Injured in a Motorcycle Accident in Iowa; How Should I Proceed?

Motorcycle accidents can inflict dire injuries on you and put your family’s finances into a devastating downward spiral. You could be physically and mentally challenged for years and spend tens of thousands of dollars on medical bills, recovery costs, lost wages, and much more.

The situation becomes even more legally complex when another vehicle (or vehicles) is involved. It demands the advice and guidance of a skilled, professional, passionate, and relentless Mount Pleasant motorcycle accident law team.

The highly trained trial and motorcycle accident lawyers at Cornell Injury Law have a long and winning history of passionately and professionally helping motorcycle accident victims obtain the compensation they deserve.

Call them today at 319-946-4019 for a free consultation on your unique case. They will work diligently, professionally, tirelessly, and zealously to help you move positively on with your life.