Motorcycle accidents are life-altering events that generally involve much greater physical damage to both the vehicle and driver than car accidents. For this reason, it’s imperative that victims of motorcycle accidents seek the proper legal representation necessary to get the compensation they’re owed.
Peters Law Firm has the knowledgeable, highly skilled motorcycle accident attorneys that Iowa and Nebraska residents need to claim their damages. Contact our team today to get the motorcycle accident attorneys you need to litigate your case!
Common Motorcycle Accident Injuries
Motorcyclists are at a comparatively greater disadvantage on the road than those operating standard vehicles. Because of this, many motorcycle injuries are extremely severe, and in some instances can be fatal. The following are just some of the common injuries experienced in a motorcycle accident:
- Road rash
- Facial fractures or disfigurement
- Broken bones
- Spinal cord injuries
- Limb amputation
- Traumatic brain injuries
These injuries can be life-altering in nature, making it absolutely crucial for motorcyclists to secure the appropriate insurance coverage. Many drivers are either uninsured or underinsured, which is why it’s a great idea for motorcyclists to consider uninsured/underinsured motorist coverage. Doing so can provide hundreds of thousands of dollars in additional coverage following a motorcycle accident.
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 both Iowa and Nebraska. The following frequently asked questions will help you better understand your options following a motorcycle accident event:
How is fault determined in Iowa and Nebraska?
Iowa uses the Comparative Fault Act to determine fault in motorcycle accident cases. This means that a jury will determine how much fault is assigned to each party. Depending on the percentage of fault the motorcyclist is found to have, that 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.
In contrast, 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 will not be eligible to recover any damages. Always consult with 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 following 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, however, is four years from the date of the accident.
What is the average payout for a motorcycle accident?
The payout for your motorcycle accident depends on several factors; however, many statistical models illustrate the average motorcycle accident settlement to be $200,000. Despite this average, the biggest factor to consider in these settlements is whether or not the at-fault motorist has enough insurance coverage to pay for the full value of your case. 75% of motorcycle accident attorneys report that their settlements did not have enough insurance to cover all the damages involved in the case.
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 will 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 cannot prove negligence (such as texting while driving, driver intoxication, speeding, etc.), they may be unable to recover damages through your insurance provider. Learn more about your options after accidentally hitting a motorcyclist by contacting the motorcycle accident attorneys at Peters Law Firm.
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. Additionally, 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 with 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.
Peters Law Firm for Iowa & Nebraska Motorcycle Accident Litigation
Peters Law Firm is dedicated to helping our clients claim the damages they’re owed following a motorcycle accident. For more than 90 years, we’ve helped victims of motorcycle accidents throughout Southwest Iowa and Southeast Nebraska get the compensation they deserve following a catastrophic event. Contact our team to schedule a consultation today!