Motorcycle Accident Lawyer FAQ: What Should I Know About Motorcycle Accident Laws?

If you are not already aware, now is the time to understand that having a motorcycle accident lawyer on your side after a wreck can make a big difference in the outcome of your case. It is certainly possible that the insurance company will persuade you to agree on a settlement that is not only less than what you deserve, but also less than what you need to cover the costs of your losses. With a motorcycle accident lawyer, like a motorcycle accident lawyer Iowa, on your side, you can feel peace of mind in knowing that he or she will do their very best to recover everything you need to get better. 

What You Should Know About Motorcycle Accident Laws

Even the best driver can be involved in a motorcycle accident. When this happens, it is important that you have an understanding of what to do and what to expect. Here is some basic information to help you make a sound decision on what you should do next.

You Were Not Wearing a Helmet

Many motorcycle riders do not like to wear helmets because it makes them feel restricted. Some states don’t have any laws that require motorcyclists over a certain age to wear a helmet, but that does not mean you shouldn’t. If you get into an accident without a helmet, the risk of injury is much higher. It is certainly possible for your insurance company to fight your claim, raise your premium, or deny you coverage. Some insurance companies have rules that require a rider to wear a helmet regardless of what the state law is. If this is true, and you were not wearing one, you may have problems recovering your damages. 

Filing Your Claim

There are strict deadlines for filing a motorcycle accident claim. Although every state has their own rules to do so, the average is two years from the date of the accident. If you miss this deadline, also known as the statute of limitations, you may miss your ability to recover anything. If a government entity was involved in your accident, the statute will likely be much shorter; usually 30-90 days from the date of the accident. A motorcycle accident lawyer can be instrumental in helping you to understand the applicable deadlines for your own claim.

Is Filing a Claim Necessary?

You do not have to file a claim; however, if you are facing significant bills and other losses, you should consider pursuing one. Keep in mind that you are not required to accept the first settlement or even second offer. Often these settlements are less than what your claim is worth, and once you accept the offer, you will be unable to recover anything more. There are many other laws, rules, and factors that encompass motorcycle accidents. Your best resource may be an educated, experienced motorcycle accident lawyer. 

Thanks to Johnston Martineau, LLP for their insight into motorcycle accident laws.