Ackley Motorcycle Accident Injury Attorneys

When calamity hits, motorcycle injury lawyers act as resolute advocates for riders. Their expertise in motorcycle accidents equips them to manage legal challenges and secure justice and compensation for the injured.

Filing a Claim After a Motorcycle Accident Without a Helmet

While many motorcyclists in Iowa enjoy riding without a helmet – which is their legal right – it can lead to severe injuries in an accident. According to a 2012 factsheet by the Governor’s Traffic Safety Bureau, 83 percent of all motorcycle fatalities in Iowa over the past five years involved riders not wearing helmets.

For survivors of motorcycle crashes in Iowa who were not wearing helmets, the cost of medical treatments and physical rehabilitation for head and spine injuries can be substantial. Injured riders should consult with an attorney familiar with how helmet laws and helmet use might affect a claim for compensation.

Iowa Motorcycle Helmet Laws

Iowa does not mandate helmet use for motorcyclists. Although debates continue over whether a helmet law could save more lives, not wearing a helmet does not violate any state law. However, due to Iowa’s comparative negligence laws, failing to wear a helmet may affect an injured rider’s ability to recover damages.

Comparative Negligence in Iowa

Iowa uses a system of comparative negligence to determine liability in vehicle accidents. This means that an injured party may receive a percentage of damages minus their share of the blame. If a rider is deemed more than 50 percent at fault for an accident and their injuries, they will not be eligible to recover any compensation.

In a motorcycle accident claim, if the injured party suffered head or spine injuries and was not wearing a helmet, they might be considered partially at fault for not protecting themselves. Consequently, their compensation could be reduced. However, if the injuries are unrelated to the head, such as a broken leg, helmet use would not impact the case.

Iowa’s Motorcycle Death Rate

Despite motorcycles making up only 0.3% of all registered vehicles in Iowa, they account for 16.7% of road fatalities. In 2023, 63 out of 378 motor vehicle fatalities involved motorcycles, meaning motorcyclists are 55 times more likely to be killed in a crash compared to other drivers. As of May 2, 2024, 11 motorcyclists have already died in accidents this year.

Helmet Use and Safety Measures

While Iowa is one of three states that do not require helmets, the choice to wear one is crucial. During the brief period when Iowa had a helmet law from September 1975 to July 1976, motorcycle deaths dropped by 40%. Opponents of helmet laws argue that helmets can limit visibility and hearing, but proponents emphasize the protective benefits.

Training can also significantly reduce risk. Rider error is the most common cause of single motorcycle accidents, which include preventable mistakes like speeding, improper cornering, and driving under the influence. Basic and advanced training courses can improve riding skills and situational awareness.

Motorcyclists can increase their visibility by wearing bright colors, using headlights, and adding flags to their bikes. These measures can help prevent accidents caused by other drivers not seeing them.

Steps After a Motorcycle Accident

In the event of a single motorcycle crash, it’s important to investigate the cause, such as a defective part or road debris. If another driver is at fault, seeking advice on dealing with insurance companies and medical bills is crucial. 

It’s essential to use health insurance to cover medical bills and avoid relying on the at-fault driver’s insurance, which may not pay promptly. Iowa law requires only $20,000 in personal injury coverage, which may be insufficient for serious injuries. Uninsured riders should seek health insurance to cover future medical needs and explore options like hospital bill write-offs and medical payments coverage in their motorcycle insurance policy.

Tips for Injured Riders

1. Seek Medical Care Immediately: Document all injuries and treatments. Delays can harm your case and reduce potential compensation.
2. Keep Important Documents: Maintain copies of medical records, work excuses, accident reports, and a journal documenting the impact of your injuries on daily life.
3. Be Honest About Your Injuries: Provide accurate information to medical providers to ensure proper documentation and treatment.
4. Dealing with Insurance Adjusters: Avoid giving recorded statements that could be used against you. Consult an attorney before agreeing to any settlements.

Motorcycle Safety Equipment You Might Not Know About

In addition to helmets, gloves, boots, and eye protection, other advanced safety gear can enhance rider protection:

1. Motorcycle Airbag Jackets: These jackets inflate upon detecting a crash, providing rapid protection.
2. Motorcycle Smart Helmets: Equipped with Bluetooth, GPS, and voice connectivity, these helmets can reduce distractions and provide real-time alerts about road conditions.

Consulting a Motorcycle Accident Attorney

The toll from severe motorcycle injuries can encompass substantial medical expenses and long-term care costs for victims and their families. Lost wages may compound matters, especially if employment becomes unrealistic for an extended period. Getting help from a motorcycle accident attorney allows the pursuit of comprehensive compensation, from financial damages and emotional distress such as pain and suffering.

Victims of these accidents should seek consultation with a motorcycle accident attorney, as damages may be extensive and recovery of compensation is important.

At Walker, Billingsley & Bair, our motorcycle accident attorneys can represent you in dealings with your insurance company, or when filing a personal injury claim. Set up your consultation now by calling 641-792-3595.