Des Moines Motorcycle Accident Lawyers

Des Moines offers numerous exciting opportunities for motorcycle enthusiasts with its blend of urban scenes and rural landscapes. Whether you’re a local rider or a touring motorcyclist, Des Moines provides a mosaic of experiences to fulfill every biker’s dream. While motorcycles offer great fun, they also come with the potential for serious injuries. Unfortunately, the Iowa Department of Transportation reports that five dozen motorcyclists were killed in crashes statewide in 2023 alone. Many more riders were injured.

Motorcycle accident injury claims can be challenging. Riders sometimes face unfair stereotypes from insurance companies and even law enforcement officers. If you or someone you know has been unfortunate enough to be injured in a motorcycle crash or collision, RSH Legal is here to assist you. With over 30 years of experience helping people financially recover from their motorcycle accidents in Des Moines and throughout Iowa, our attorneys are dedicated to your well-being. Contact our Des Moines motorcycle accident attorney today for a free, no obligation case review.

With over 30 years of experience helping people financially recover from their motorcycle accidents in Des Moines and throughout Iowa, our attorneys are dedicated to your well-being.

Understanding Motorcycle Accident Liability

Motorcycle accident liability in Iowa is determined under the state’s fault-based system, meaning the driver who caused the crash is financially responsible for damages. Many motorcycle accidents occur at intersections, where drivers fail to yield, misjudge a motorcycle’s speed, or violate traffic signals. In these cases, the at-fault driver can be held legally responsible for causing a wreck.

Iowa follows modified comparative negligence (I.C.A. § 668.3(1)(b)). A motorcyclist in Des Moines can recover damages if they are 50 percent or less at fault—but their compensation is reduced by their percentage of fault. For instance, if you were at fault for 25 percent of a motorcycle crash in Des Moines, you would be at fault for 25 percent of your own injuries. (your damages would be diminished by 25 percent.)

Motorcycle Injury Statute of Limitations in Iowa

Iowa has a two-year statute of limitations for motorcycle accident injury claims (I.C.A. § 614.1(2)(a)). Injured motorcyclists must file a personal injury claim within this timeframe, or they risk losing the right to seek compensation. However, for property damage claims, such as damage to a motorcycle, the statute of limitations is five years. If you wait too long to take action, you could miss out on your right to recover compensation at all. Take a proactive approach: Consult with a top-tier Des Moines motorcycle accident lawyer right away after a serious wreck.

Recovering the Maximum Compensation for Injured Victims

Were you hurt in a motorcycle crash in Des Moines? You have the right to seek compensation for the full extent of your damages, including intangible losses. Our firm fights hard to hold insurance companies accountable. Do not allow an insurance adjuster to pressure you into settling a claim for less. We put victims and families first. Through a settlement or a verdict, injured motorcyclists in Des Moines may be entitled to financial compensation for:

• Motorcycle repairs or replacement;
• Emergency medical treatment;
• Hospital bills and other medical costs;
• Physical therapy and other rehabilitative services;
• Loss of wages and diminished earning power;
• Disability, disfigurement, and permanent impairment;
• Reduced quality of life after a crash; and
• Wrongful death of a family member.

Top 10 Ways to Damage Your Motorcycle Injury Case in Des Moines

Taking the right steps after a motorcycle wreck in Des Moines is crucial for a successful injury case. However, certain actions or omissions can severely undermine your case. Here are ten pitfalls you should avoid:

1. Failing to report the accident immediately: Timely reporting is essential to establish the seriousness of the incident.

2. Neglecting to seek medical attention: Immediate medical care provides crucial evidence of the severity of your injuries.

3. Not collecting evidence at the scene: Gathering photos, witness contacts, and other evidence helps establish fault and validate your claim.

4. Admitting fault at the scene: Limit discussions about the collision to law enforcement or your Des Moines attorney.

5. Neglecting to inform your insurance company: Provide your insurer with a detailed account of the incident promptly.

6. Posting about the accident or injuries on social media: Exercise caution and privacy when discussing the accident online.

7. Handling the case without a lawyer: A skilled Des Moines lawyer ensures you receive the compensation you deserve.

8. Failing to comply with doctor’s orders: Following medical advice demonstrates your commitment to recovery and strengthens your claim.

9. Settling quickly without considering long-term implications: Evaluate long-term costs before accepting a fast settlement.

10. Ignoring the impact of pre-existing conditions: Be transparent with your attorney about any pre-existing medical conditions.

Avoiding these pitfalls will strengthen your motorcycle injury case. By carefully considering the above points and seeking professional legal representation, you can ensure a successful outcome. Remember, your actions after the accident significantly influence the outcome of your case.

Repairing Your Motorcycle After a Des Moines Accident: A Guide to Ensuring the Best Outcome

Experiencing damage to your motorcycle after a crash can be overwhelming. However, you can and should get your bike repaired. The key is to understand and take control of the process.

• The first crucial step is understanding your insurance coverage. Familiarize yourself with the specifics of your policy, whether it includes collision, comprehensive, or liability coverage. Knowing your coverage will help you navigate the repair process effectively.
• After the collision, arrange for a professional damage assessment. This step provides a clear picture of the damage and associated costs, empowering you to make informed decisions.
• When filing your insurance claim, provide precise and thorough details to strengthen your claim’s validity and maximize your compensation.
• During the waiting period for claim approval, consider alternatives such as rental bikes or public transportation to stay mobile.
• Choosing a repair shop is an important decision. Dealership repairs offer brand-specific expertise, while independent shops may be more cost-effective. Select the option that best serves your interests.
• Financing the repair costs largely depends on your insurance payout. If the expenses exceed the payout, explore your legal options to ensure fair compensation.
• In the event that your motorcycle is deemed a total loss, your insurer should pay the bike’s market value, enabling you to start anew with a new ride.
• Lastly, consider seeking legal advice in Des Moines to navigate insurance disputes effectively. An experienced motorcycle accident lawyer can protect your rights and help you receive the compensation you deserve.

In summary, the answer is a resounding yes—you can get your motorcycle repaired after a crash. Active involvement, following the proper steps, and seeking professional assistance will have you back on the road in no time.

Common Kinds of Injuries Resulting from Des Moines Motorcycle Accidents

Motorcycle rides provide a thrilling experience, but they also carry a significant risk of severe injuries, often surpassing those of car wrecks. Riders must be aware of the potential consequences.

• Head Injuries: Head injuries can range from mild concussions to life-altering traumatic brain injuries. Wearing a helmet significantly mitigates these risks.
• Road Rash: Road rash can lead to complications like infections or permanent skin damage. Appropriate gear protects your skin during a motorcycle collision.
• Broken Bones: Motorcycle crashes frequently result in broken bones, often affecting legs, arms, and collarbones. These injuries can be life-altering, requiring surgeries and extended recovery periods. Wearing protective gear and practicing safe riding habits can reduce the likelihood of fractures.
• Spinal Cord Injuries: While less common, spinal cord injuries are among the most devastating. They can lead to paralysis or conditions like herniated disks, profoundly impacting one’s life. Caution and vigilance on the road are crucial for prevention.
• Internal Injuries: Internal injuries, such as punctured lungs or organ damage, can occur in motorcycle crashes, with significant implications for health and lifestyle.
• Psychological Injuries: Accidents can also have psychological consequences, including PTSD, depression, and anxiety. Seeking appropriate care for mental health is vital.

Post-accident care should encompass both physical and psychological aspects to ensure a holistic recovery. Preventive measures and safe riding practices are paramount for every rider’s safety.

In conclusion, motorcycle crashes can result in serious and varied injuries. Seeking immediate medical attention and competent legal representation is crucial for victims. Our Des Moines law firm specializes in motorcycle wrecks and is ready to fight for your rights to ensure you receive the compensation and justice you deserve.

How Our Des Moines Motorcycle Accident Lawyers Can Help

Motorcyclists face serious challenges in the personal injury claims process. Insurance companies are simply not on their side. At RSH Legal, we fight aggressively for justice for the people who need help the most. Our settlements and verdicts tell the story best. For example, we secured $300,000 for the family of a motorcyclist killed in a crash caused by another driver’s failure to yield even though that victim was found to be partially at fault. Our firm is proactive and our firm is results-focused. Along with other things, our Des Moines motorcycle accident lawyer will:

• Hear your story and answer questions about your case;
• Investigate your motorcycle crash in Des Moines, gathering evidence;
• Represent you in settlement negotiations with insurance companies; and
• Develop a comprehensive strategy focused on delivering the best outcome.

Motorcycle Accident Claims in Des Moines: Frequently Asked Questions (FAQs)

Should I See a Doctor After a Motorcycle Accident?

Yes. Always. Even if you feel relatively fine, you should still see a doctor as soon as possible after a motorcycle collision. Some of the most common motorcycle accident injuries—such as concussions, internal bleeding, or soft tissue damage—may not show immediate symptoms. However, they can be very bad injuries that can easily worsen over time. A medical evaluation not only ensures your well-being but also provides essential documentation for your motorcycle accident injury claim.

What Should I Look for in a Des Moines Motorcycle Crash Lawyer?

Experience. Knowledge. Tenacity. These are all key traits to look for in a Des Moines motorcycle accident attorney. The attorney should have a strong track record of negotiating with insurers and, if necessary, litigating in court to secure fair compensation. You should not hesitate to set up a free, fully confidential, and no obligation consultation with our Des Moines motorcycle crash lawyer.

Am I Required to Wear a Motorcycle Helmet in Iowa?

No. Unless you are under the age of personal consent, Iowa does not have a mandatory motorcycle helmet law. That means that riders are not legally required to wear one. With that being said, wearing a helmet significantly reduces the risk of severe head injuries and fatalities in crashes. Indeed, motorcycle helmets are proven to save lives. While not legally required, the failure to wear a helmet may impact your ability to recover damages. If you were hurt in a crash without a helmet, our Des Moines attorney is here to help.

Is Lane Splitting Permissible in Iowa?

No, lane splitting—which is defined as the practice of riding a motorcycle between lanes of traffic—is illegal in Iowa. Our state’s traffic laws require motorcyclists to follow the same lane rules as other motor vehicles. What happens if you split lanes in Iowa? It could result in a traffic citation and, potentially, even affect liability in a motorcycle crash claim.

Should I Settle a Motorcycle Accident Claim?

Maybe. The reality is that most motorcycle accident injury claims are eventually settled outside of the courtroom. Whether you should settle depends on the fairness of the insurance company’s offer. Insurers often make low initial settlement offers—hoping injured riders will accept less than they deserve. Do not go it alone: Our Des Moines motorcycle accident lawyer can help.

RSH Legal, a law firm in Des Moines, is here for your Motorcycle Accident Needs.

At RSH Legal, our Des Moines motorcycle accident lawyers are skilled, experienced, aggressive, and committed to justice. If you’re in need of a motorcycle accident attorney, look no further than our team. We offer a free initial consultation, and if we take your case, our services are free until we win. Call us today at 515-246-8484. From our law office in Des Moines, we represent injured motorcyclists in Polk County and throughout the wider region in Iowa.

Tim Semelroth

Board-Certified Trial Attorney

Pressley Henningsen

AV-Rated Trial Attorney