Akron Motorcycle Accident Injury Attorneys

In times of disaster, motorcycle injury lawyers stand as unwavering defenders for riders. Their expertise in motorcycle accidents allows them to handle legal complexities and secure justice and compensation for the injured.

Emotional Trauma and Legal Considerations after a Motorcycle Accident

Motorcyclists are at risk for a myriad of injuries in the event of a motorcycle accident, ranging from soft tissue injuries and fractures to spinal cord and head injuries. In some cases – especially those involving severe injuries – motorcyclists might suffer from emotional trauma in addition to their physical ailments. Iowa motorcyclists pursuing a liability claim or lawsuit against a negligent driver can factor this emotional distress into their claim.

Post-traumatic Stress Disorder (PTSD)

Post-traumatic stress disorder (PTSD) may develop following a traumatic event like a motorcycle accident. PTSD, once known as shellshock in soldiers, can manifest in various ways. According to the National Institutes of Mental Health (NIMH), PTSD symptoms are grouped into three categories:

- Re-experiencing: Flashbacks, nightmares, and thoughts about the incident.
- Avoidance: Avoiding certain events or actions, emotional numbness, guilt, depression, difficulty remembering the event, and more.
- Hyperarousal: Easily startled, edginess, trouble sleeping, and intense episodes of anger.

Head Injuries and Depression

Head injuries are a major concern for motorcyclists in the event of an accident. While most states have implemented motorcycle helmet laws to mitigate these injuries (Iowa has repealed its helmet laws), the use of helmets is still recommended. Various studies have shown a strong association between traumatic brain injury (TBI) and depression. 

One study published in 2004 in the Archives of General Psychiatry found that one-third of participants developed major depressive disorder within the first year after sustaining a TBI. Another study published in the Journal of Nursing Scholarship in 2002 found that chronic stress is significantly related to post-TBI depression, likely due to the recovery process and other factors after a serious injury.

Emotional Trauma in Personal Injury Cases

Your motorcycle accident claim can account for medical expenses related to physical injuries like head injuries and spinal cord injuries. It may also account for emotional trauma after the accident. Emotional trauma that may be included in the monetary damages awarded after an Iowa motorcycle accident includes:

- Mental health assessment
- Counseling
- Treatment
- Mental anguish

However, failing to wear a helmet might reduce your settlement if you suffered head injuries, as the insurance company or defendant might argue helmet use could have prevented or reduced the severity of the injury. Discuss with your attorney how helmet use might factor into your claim and its bearing on emotional or non-economic damages you might recover.

Why You Should Talk to a Motorcycle Accident Attorney in Akron

When a motorcycle accident occurs, the victim and their family often focus solely on the victim’s injuries and recovery. While legal action might not seem like a natural step, meeting with a motorcycle accident attorney is crucial.

Damages from Serious Injuries

Even with proper safety gear, motorcyclists can sustain serious injuries such as:

- Head and brain injuries
- Broken bones
- Burns requiring skin grafts
- Soft tissue injuries

These injuries can be expensive, especially if they have prolonged recovery times. An attorney can help recover damages for medical expenses, lost income, and other related costs.

Gathering the Right Evidence

To recover damages, proving the other party's fault is essential. Evidence needed to show fault includes:

- Physical evidence from the accident scene
- Medical documents, doctors’ statements, and bills
- Eyewitness testimony
- Police reports
- The other driver’s history of driving offenses
- Possible proof of the other driver’s intoxication

Negotiating with Insurance Companies

Determining who pays for your damages—your insurance company or the other driver’s—depends on various factors, including fault and insurance coverage. An attorney can handle negotiations to ensure you receive fair compensation, as insurance companies often offer settlements that are too low.

A Legal Resource

An attorney can answer any legal questions you have about the accident, fault, and the types of damages you’re entitled to. They can guide you through filing a personal injury lawsuit and navigating the state’s statute of limitations.

Road Rash as a Result of Motorcycle Accident

Motorcycles offer the freedom of the road but come with increased risks of serious injury and death in collisions. A common injury in motorcycle accidents is road rash, caused by skin scraping against the road surface. Road rash is categorized by severity:

- First-degree road rash: Involves skin redness and minor injuries treatable at home with cleaning and antibiotic ointment.
- Second-degree road rash: More serious, with broken skin, discomfort, and pain, but still treatable at home.
- Third-degree road rash: A severe injury affecting all skin layers and underlying tissue, requiring medical intervention such as skin grafting.

Skin Grafting to Treat Motorcycle Road Rash

Skin grafting is a surgical procedure performed under general anesthesia. Recovery can be lengthy, requiring weeks in the hospital and limited movement afterward. 

Seeking Compensation for Motorcycle Road Rash

If another party is at fault for your motorcycle accident, you may be entitled to compensation for your damages by filing a motorcycle accident claim. Damages may include:

- Medical expenses
- Property damage
- Lost wages
- Pain and suffering

Proving fault and documenting losses are key elements of a successful motorcycle accident case. Keep meticulous records of medical treatments, bills, lost time from work, police reports, and witness statements.

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.