Looking for a Motorcycle Injury Lawyer in Iowa?

Turn to lawyers who understand what you’re going through.

It is no secret that motorcycles come with risk. As both lifelong bikers and experienced lawyers, we understand all of the variables that revolve around a motorcycle accident.

In a car, a slight slip on ice or failure to brake usually results in a ‘fender bender.’ Unfortunately, motorcyclists do not have the same privilege if another vehicle loses control.

Even a slight clip from a negligent driver could be enough to cause a catastrophic accident.

Causes of Motorcycle Accidents

There are many reasons for motorcycle accidents. Often, the cause of the accident is not easily tied to the responsible party. It is also common for bikers (much like car drivers) to sustain damage to themself or their vehicle due to their own mistakes.

Impaired and distracted driving are especially common causes of motorcycle crashes.

While there are resources we can provide for motorcyclists who were at fault for their crash, most of our legal services are designed to benefit drivers who were not responsible for the crash. With this in mind, here are some common instances in which a biker may not be responsible for the accident.

  • Bikers that lose control of their motorcycle due to a property owner’s failure to maintain a safe roadway.
  • Cars or trucks that turn, merge, back up, or pull out into a motorcycle’s path when the biker had the right of way.
  • Other drivers did not see the motorcycle and caused a crash.
  • Another motorcyclist was driving in a manner that was negligent, unsafe, or otherwise preventable.
  • A semi-truck, construction/dump truck, or other hauling vehicle fails to secure cargo; such as falling rocks, livestock, packages, liquids, or any other hazard that could cause the biker to be injured or lose control.

Some studies show that in 2023, motorcyclists were 29 times more likely than passenger car occupants to die in a crash per vehicle miles traveled.

 

What can legally be done after a motorcycle accident?

In the moments following a motorcycle crash, there are a million and one things a biker could be thinking.

We hope that the first concern any biker addresses after an accident is their safety and well-being. Getting appropriate medical help should take priority over any legal or financial concerns.

After the dust has settled and there are decisions to make, The Biker Lawyers are ready to jump in.

We are prepared to walk you through your recovery options and help answer any questions you might have.



Fighting for safer roads and biker rights!

The fight for safer roads and motorcycle safety protections has been a long and ongoing process. According to the US Department of Transportation, passenger cars have a fatality rate of 1.45 per 100 million miles traveled. In contrast, motorcycles have an average fatality rate of 25.48 per 100 million miles.

This disparity is an unfortunate reality for many bikers and their families. As bikers and lawyers, we believe that motorcyclists deserve equal protection in the event of an accident.

Physical pain, emotional hardships, and medical bills make this time overwhelming. You aren’t alone. We are here to go through recovery with you, and to help you take action to find justice.

 

 

Motorcycle Accident Lawsuit Process: a Step-by-Step Guide

Motorcycle Accidents - Personal Injury Claims - Car crashing into motorcycle.

You’ve filed your claim for your personal injury related to your crash and the insurance company refuses to cover you. You’ve decided you want to fight back against Big Insurance and need to know the next steps. We’ve got you covered.

Understanding the legal process after a motorcycle accident is crucial. It not only helps in setting clear expectations but also ensures that victims are better prepared for the journey ahead. 

Here’s a step-by-step guide to help you navigate through each stage, from the initial consultation to the final resolution of your case. 

First, an overview of the legal process in a motorcycle injury lawsuit. Feel free to click any of the below to jump ahead.

Step 1: Initial Consultation

Personal Injury Attorney Dan Matzdorff consults with a client about an accident

The initial consultation is the first step in the legal journey following a motorcycle accident. This meeting is essential as it allows the lawyer to assess the details of your case and provide preliminary legal advice.

What to Expect:

  • Case Assessment: The lawyer will evaluate the facts of your case, including the accident reports, medical records, and any other relevant documentation.
  • Legal Advice: You will receive guidance on the legal options available and the potential outcomes of your case.
  • Relationship Building: This meeting sets the foundation for the client-lawyer relationship and helps in formulating a legal strategy tailored to your situation.

Importance of Bringing Relevant Documents

Bringing relevant documents to the initial consultation is critical. These documents provide essential information that helps the lawyer evaluate your case more effectively and offer precise legal advice.

Key Documents to Bring
  • Accident Reports: Official reports from the police or other authorities provide an objective account of the accident and are invaluable in building your case.
  • Medical Records: Documentation of your injuries, treatments received, and ongoing medical care helps in assessing the extent of your damages and the compensation you may be entitled to.
  • Insurance Information: Details of your insurance policy and any correspondence with your insurance company can help the lawyer understand the coverage available and any initial offers or denials of claims.
  • Photographs and Videos: Any visual evidence from the accident scene, including photos or videos, can be crucial in reconstructing the event and demonstrating the impact of the accident.
  • Witness Information: Contact details and statements from witnesses who saw the accident can provide corroborative evidence to support your claims.
  • Repair Estimates: If your motorcycle or other property was damaged, bring any estimates or invoices for repairs to help quantify your property damage claim.
Why These Documents Matter
  • Accurate Case Evaluation: These documents allow your personal injury lawyer to accurately assess the strength of your case, identify key issues, and determine the best legal strategy.
  • Evidence Preservation: Early collection and preservation of evidence are vital to avoid loss or degradation over time, which can weaken your case.
  • Efficient Process: Having all necessary information at the outset helps streamline the legal process, reducing delays and ensuring timely progress of your case.

Establishing a Client-Lawyer Relationship

  • Trust and Communication: The initial consultation is a chance to establish trust and open communication between you and your lawyer. A strong client-lawyer relationship is built on transparency, honesty, and mutual respect.
  • Legal Strategy: This meeting lays the groundwork for your legal strategy. By understanding your goals and concerns, the lawyer can tailor their approach to meet your needs and achieve the best possible outcome.

To sum it all up, the initial consultation is a vital step in your legal journey after a motorcycle accident. It provides an opportunity to discuss the details of your case, receive initial legal advice, and understand the importance of bringing relevant documents. 

By coming prepared, you help ensure that your lawyer has all the necessary information to build a strong case and advocate effectively on your behalf. The Biker Lawyers are committed to guiding you through this process with expertise and care, ensuring you are well-informed and supported from the very beginning.

Step 2: Filing a Lawsuit

Image of a scroll that says personal injury next to a gavel and a law book

Filing a motorcycle accident lawsuit involves submitting the necessary documentation to the courts. It’s a critical step that must be handled with precision to avoid delays or denials.

Process:

  • Documentation: Ensuring all necessary paperwork is completed accurately and submitted within deadlines. We file lawsuits promptly to ensure insurance companies have deadlines to answer.
  • Timeliness: It’s vitally important to take prompt action to avoid missing any critical deadlines. The Statute of Limitations in Iowa for personal injury lawsuits is 2 years from the date of the crash.
  • Accuracy: Ensuring all details are correct to prevent further delays. An inaccurate lawsuit could result in losing your case.

Our Role: The Biker Lawyers ensure that every document is carefully prepared and submitted on time, maximizing the chances of a successful recovery.

Step 3: Investigation and Evidence Collection

Image showing Biker Lawyer Dan Matzdorff consulting with a biker who witnessed a car accident

Also called “Discovery,” the investigation phase is a critical part of building a strong case after a motorcycle accident.  This phase involves gathering all relevant information to support your claims.

Steps Involved:

  • Interrogatories: The state of Iowa allows you to send 30 questions to the opposing party seeking information. (Iowa Rules of Civil Procedure 1.509)
  • Requests for Production of Documents: The state of Iowa also allows you request documented information from the opposing party that is reasonably calculated to lead to the discovery of admissible evidence. (Iowa Rules of Civil Procedure 1.512)
  • Crash Scene Analysis: Collecting evidence from the accident scene, including photographs and physical evidence.
  • Witness Statements: Obtaining statements from witnesses to corroborate your account of the accident.
  • Police Reports: Reviewing official reports for additional insights and corroborative details.
  • Expert Involvement: Expert testimony can provide detailed reports, testify on your behalf and explain their findings to support your case. In trial, they can also contradict the Big Insurance paid expert testimony to give better context.

Our Role: The Biker Lawyers assist clients by gathering and preserving crucial evidence, then guiding them to avoid common pitfalls that could weaken their case.

Step 4: Negotiation and Settlement

Image of a frustrated man as he tries to negotiate with an insurance company over the phoneBig Insurance after The Biker Lawyers reject their unfair settlement offers.

This step involves negotiating with insurance companies and other parties is a delicate process. The goal is to reach a fair settlement that fully compensates for your losses.

Negotiation Tactics:

  • Demand Letter: Once you’ve finished your medical treatment and all categories of damage are known, The Biker Lawyers will prepare a demand letter to send to the opposing party, accurately evaluating what your case is worth and how much they should pay.
  • Insurance Company Settlement Offers: Understand that insurance companies are for profit companies. This means they will continue to try to pay you as little as possible and get you to settle for the lowest amount. Accepting these offers without counter offers means you may not receive all the money for the injuries caused by your motorcycle accident. That’s why you hire us.
  • Counter Strategies: With over 40 years of experience fighting Big Insurance to get them to pay what’s fair, our legal team deploys many tactics to force Big Insurance to pay as much as possible.

Our Role: The Biker Lawyers advocate fiercely on your behalf, ensuring that you receive the compensation you deserve.

Step 5: Trial Preparation and Court Proceedings

The Biker Lawyers prepare for trial

If a settlement cannot be reached, the case may proceed to trial. This phase involves extensive preparation to present a compelling case in court.

Steps Involved:

Pre-Trial Steps

1. Pre-Trial Motions

Pre-trial motions are formal requests made to the court before the trial begins. These motions can address various issues to streamline the trial or resolve specific matters in advance.

  • Motion to Dismiss: A request to dismiss the case entirely due to legal reasons, such as lack of evidence or jurisdiction.
  • Motion for Summary Judgment: A request to decide the case based on the facts presented without going to trial, arguing that there are no factual disputes to be resolved.
  • Motion in Limine: A request to limit or prevent certain evidence from being presented during the trial.
2. Discovery

Discovery is the process by which both parties exchange information and gather evidence to prepare for trial. It ensures that both sides have access to relevant information and can build their cases effectively.

  • Depositions: Witnesses and parties involved in the case are questioned under oath, and their testimonies are recorded for later use in the trial.
  • Interrogatories: Written questions that one party sends to the other, which must be answered under oath.
  • Requests for Production: Requests to provide documents, records, or other tangible evidence relevant to the case.
  • Requests for Admission: Requests for the opposing party to admit or deny specific facts related to the case, simplifying the issues to be addressed at trial.
3. Jury Selection (Voir Dire):

If the case is to be decided by a jury, the process of selecting impartial jurors is crucial.

  • Questioning: Potential jurors are questioned by both the plaintiff’s and defendant’s attorneys to identify any biases or conflicts of interest.
  • Challenges for Cause: Attorneys can request the dismissal of potential jurors who exhibit clear biases or connections to the case.
  • Peremptory Challenges: Attorneys can dismiss a limited number of potential jurors without providing a reason, although this cannot be done on discriminatory grounds.

Trial Steps

1. Opening Statements

Both parties present their opening statements, outlining the case and what they intend to prove. This sets the stage for the evidence and arguments to follow.

  • Plaintiff’s Opening Statement: The plaintiff’s attorney presents their case first, providing an overview of the evidence and arguments that will be presented.
  • Defendant’s Opening Statement: The defendant’s attorney follows with their own overview, highlighting the key points of their defense.
2. Presentation of Evidence

Each side presents its evidence, calling witnesses, and introducing documents or other materials to support their case.

  • Plaintiff’s Case-in-Chief: The plaintiff presents their evidence first, calling witnesses to testify and introducing documents, photos, or other exhibits.
  • Cross-Examination: The defense has the opportunity to cross-examine the plaintiff’s witnesses, challenging their credibility and the reliability of their testimony.
  • Defense’s Case-in-Chief: After the plaintiff rests their case, the defense presents its evidence, calling witnesses and introducing exhibits.
  • Cross-Examination by Plaintiff: The plaintiff’s attorney cross-examines the defense witnesses.
3. Closing Arguments

After all the evidence has been presented, both parties summarize their cases and argue why the jury should decide in their favor.

  • Plaintiff’s Closing Argument: The plaintiff’s attorney reviews the key evidence and arguments, emphasizing the points that support their case.
  • Defense’s Closing Argument: The defense attorney reviews their evidence and arguments, highlighting the weaknesses in the plaintiff’s case.
  • Plaintiff’s Rebuttal: The plaintiff may have a final opportunity to respond to the defense’s closing argument.
4. Jury Instructions

The judge provides the jury with legal instructions on how to deliberate and reach a verdict. These instructions include definitions of legal terms and explanations of the laws that apply to the case.

5. Jury Deliberation

The jury deliberates in private, discussing the evidence and arguments to reach a unanimous verdict. This process can take hours, days, or even longer, depending on the complexity of the case and the evidence presented.

6. Verdict

Once the jury reaches a decision, they return to the courtroom, and the verdict is read aloud. The jury’s verdict determines whether the defendant is liable for the plaintiff’s damages and, if so, the amount of compensation to be awarded.

Post-Trial Steps

1. Post-Trial Motions

After the verdict, either party may file post-trial motions to address specific issues or request a new trial.

2. Appeals

If either party believes that significant legal errors were made during the trial, they may appeal the decision to a higher court. The appellate court reviews the trial record and determines whether any errors warrant a reversal or modification of the verdict.

By understanding these steps, clients can better navigate the legal process and feel more confident in their journey toward justice. The Biker Lawyers are dedicated to guiding clients through each stage, ensuring they are well-prepared and supported throughout the trial.

Our Track Record: The Biker Lawyers have a proven track record of successful verdicts, showcasing our expertise in courtroom advocacy.




Victims’ Rights

Image of a magnifying glass on money and insurance policy documents, indicating a closer look at accident victims rights 

Legal Rights of Motorcycle Accident Victims:

Motorcycle accident victims have specific legal rights under Iowa law, including the right to compensation for various damages.

Rights Include:

  • Medical Expenses: Coverage for all medical costs related to the accident.
  • Lost Wages: Compensation for income lost due to injury.
  • Pain and Suffering: Damages for physical and emotional pain.
  • Property Damage: Reimbursement for damage to your motorcycle and other property.
  • Loss of Function: Payment for physical and mental changes because of the accident.

Role of a Lawyer: A lawyer protects these rights, ensuring victims receive the full compensation they are entitled to.

Importance of Understanding Rights:

Knowing your legal rights is vital in the aftermath of an accident. It helps in navigating the complexities of dealing with insurance companies and other parties involved.

Common Threats

  • Insurance Pressure: Insurers may pressure victims to settle quickly for less than they deserve.
  • Legal Missteps: Without legal guidance, victims may make decisions that jeopardize their claims.

Our Advocacy: The Biker Lawyers advocate for clients, safeguarding their rights and ensuring fair treatment throughout the legal process.

Potential Compensation:

Economic Damages

Economic damages are quantifiable losses that can be directly attributed to the accident.

Economic Damage Types Include:

  • Medical Expenses: Costs of treatment, medication, and rehabilitation.
  • Rehabilitation Costs: Expenses for physical therapy and other recovery-related services.
  • Lost Wages: Compensation for income lost due to the inability to work.
  • Property Damage: Costs to repair or replace damaged property.
  • Loss of Function: Payment for physical and mental changes because of the accident.

Calculation: Each type of economic damage is very carefully calculated and documented to ensure full compensation.

Non-Economic Damages:

Non-economic damages are subjective and pertain to the emotional and psychological impact of the accident.

Non-economic Damage Types Include:

  • Pain and Suffering: Compensation for physical pain and emotional distress.
  • Emotional Distress: Damages for anxiety, depression, and other emotional impacts.
  • Loss of Enjoyment: Compensation for the loss of enjoyment of life activities.
  • Loss of Function: Payment for physical and mental changes because of the accident.

Evaluation: These damages are evaluated based on the severity of the impact and the intensity and duration of suffering.


Testimonials

“Pete did a great job of handling our case. Neither of us had ever been involved in a suit like this and he guided us through each step.

He let us know what to expect, as well as how best to prepare for the different parts of the case. He also was very concerned with us as people, not just as a case. It was evident that he cared about us and our situation.”

- Sarah

Testimonials

“Pete and the members of his office worked as a great team to get a settlement for me from my car accident.

They were patient and upfront about everything. Pete explained the process and he and his team kept me informed at all times. Pete is not your typical lawyer. He really cares about his clients. He’s not just about the money. He’s about what’s right and fair.

Pete told me upfront about what to expect every step of the way. I was asked what I wanted and why. He listened and was honest about what he could and couldn’t do. He is an honest and trustworthy lawyer. I highly recommend him as an outstanding lawyer.”

- Betty Jean

Testimonials

"Pete and his staff were very helpful and knowledgeable when it came to my case. I will never go to anyone else for a personal injury attorney."

- Jed L.

Testimonials

“Mr. Leehey represented me in an accident where a car caused my motorcycle accident causing me physical damage. He did an excellent job in listening to me, preparing the case, and representing me in getting the insurance company of the auto driver to settle fairly with me.

Initially, they had tried to blame me for part of the accident although I was riding down the road following all of the traffic laws. I would recommend him to anyone looking for an attorney for an accident claim since he was very knowledgeable.”

- Andrew

Testimonials

“Pete Leehey is a great personal injury lawyer if you are looking for one in the Cedar Rapids area. He can help you out if you are a victim of almost any kind of accident... I would highly recommend his expertise to anyone in the Cedar Rapids, Iowa area.”

- Laurie W.

Testimonials

"The Biker Lawyers, the best Lawyers I have worked with. They achieved a very good compensation for my Premise Liability case, making sure all expenses and losses that occurred during my 2 years of rehabilitation were accounted for.

I am so happy that I choose the Biker Lawyers to challenge my case. If you need a lawyer for an accident or injury make sure you call these lawyers they always go the extra mile for their clients."

- Kathy

Testimonials

"There will inevitably be a few setbacks in life. However, if one of yours is the fact that you have recently been injured in a car accident due to somebody else, call Cedar Rapids personal injury lawyer Pete Leehey and The Biker Lawyers, today.

He has a friendly and understanding personality and can help you out of any debacle you find yourself in."

- Peter Lane

Testimonials

"These guys did it right, after my crash I didn’t know what to do or which way to go. I was looking for a lawyer, and they came highly recommended. They came to my home, and they’ve been here for me throughout.

I felt very supported during my deposition, which I was nervous as heck for. Now that it’s over, this money is gonna help me a lot. I get to live again."

- Keith Bascom

Motorcycle Accident Case Studies 

Case 1: Left Foot Fracture: $12,500

Case Facts:

Our client was riding his motorcycle southbound on Jacolyn Dr NW in Cedar Rapids, Iowa. He’d entered a roundabout when a car pulled out in front of him, colliding with the front of his bike.

Injuries Sustained

Fortunately, our client only suffered minor injuries, including a fracture on his left foot.

Insurance Action

Even though the police cited the defendant for failure to obey a yield sign, the insurance company refused to pay. The collection agencies were on his back.

Then he called The Biker Lawyers

Personal Injury Lawsuit Results:

We recovered $12,500, helping him pay his bills and move forward with healing.


Case 2: Bicep Tendon Tear: $25,000

Case Facts

Our client was riding his motorcycle southbound on Edgewood Rd SW in Cedar Rapids, Iowa, when a car turned in front of him, colliding with the front of his bike. 

Injuries Sustained

Our client suffered a bicep tendon tear, requiring surgery and a painful recovery.

Insurance Action

Officers cited the defendant with failure to yield upon entering a throughway, but the insurance company didn’t want to pay.

Personal Injury Lawsuit Results:

We recovered $25,000 on behalf of our client, handling his medical bills with plenty left over as he healed from his surgery.



The Biker Lawyers are on your side.

Personal Injury Attorneys, The Biker Lawyers Dan Matzdorff and Pete Leehey consult with a client

If you’ve been hurt in the Midwest, the Biker Lawyers are here to help you. We will ride with you on recovery road, provide you with clear steps forward, and use our experience to ensure you find justice for your suffering.

All the attorneys in our firm ride, all of us know the risks, and all of us are here for you when you need us. If you’ve been hurt in a motorcycle accident, fill out the quick form below to request to speak to one of our qualified motorcycle accident attorneys in Iowa, Minnesota, or Wisconsin today.

Contact The Biker Lawyers

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