Audubon Motorcycle Accident Injury Attorneys

When accidents happen, motorcycle injury lawyers act as unwavering champions for riders. Their expertise in motorcycle accidents allows them to handle legal challenges and secure justice and compensation for the injured.

How Helmet Use May Affect a Motorcycle Accident Claim in Iowa

In Iowa, where motorcycle helmet use is not mandated by law, the decision to wear or not wear a helmet can significantly impact the outcome of a motorcycle accident claim. While motorcyclists are legally allowed to ride without a helmet, those who suffer head injuries while not wearing one may face complications in their claims due to potential contributory negligence.

The Legal Landscape in Iowa

Iowa is one of three states without a motorcycle helmet law. Despite this, helmet use plays a critical role in personal injury claims involving motorcycle accidents, particularly when head injuries are sustained. The absence of a helmet can be construed as negligence, affecting the injured party's ability to recover damages fully.

Accident Scenarios and Helmet Use

When Helmet Use Matters:
Helmet use becomes a significant factor in accidents involving head or brain injuries. For instance, if a motorcyclist suffers a head injury that could have been mitigated by wearing a helmet, they may be deemed partially negligent. This partial negligence can reduce the compensation they receive.

When Helmet Use is Irrelevant:
In cases where the injuries are unrelated to the head, such as leg or lower body injuries, the lack of a helmet is unlikely to influence the claim. The key consideration is whether the helmet would have prevented or lessened the severity of the injuries sustained.

Comparative Fault Laws in Iowa

Iowa operates under a modified comparative fault system. This means that if a motorcyclist is found to be partially at fault for their injuries due to not wearing a helmet, their compensation will be reduced in proportion to their degree of fault. If the motorcyclist is found to be more than 50% at fault, they may be barred from recovering any damages.

Proving Fault and Damages:
To maximize compensation, it’s essential to prove the other party’s negligence and demonstrate that the injuries would have occurred regardless of helmet use. Evidence such as police reports, witness testimony, and medical records can be pivotal in these cases.

Rising Motorcycle Accidents and Safety Concerns

Motorcycle accidents have been increasing over the past decade. August is particularly dangerous for motorcyclists, with a notable rise in fatalities and severe injuries during this month. Although motorcycles account for less than 1% of all vehicle miles traveled in Iowa, they represent a disproportionately high percentage of road fatalities and severe injuries.

Protecting Yourself and Your Claim:
1. Seek Immediate Medical Attention: Document all injuries and treatments. 
2. Avoid Quick Settlements: Initial offers from insurance companies may be insufficient.
3. Do Not Provide Recorded Statements: Insurance adjusters can use your statements against you.
4. Maintain Documentation: Keep records of medical treatments, lost wages, and other accident-related expenses.
5. Be Honest About Injuries: Exaggerating injuries can damage your credibility.
6. Consult an Experienced Attorney: Legal guidance can ensure your rights are protected and help you receive fair compensation.

Head Injuries and Long-Term Consequences

Motorcycle accidents can lead to severe head injuries, including traumatic brain injuries (TBIs) and concussions. These injuries often result in long-term, debilitating consequences such as cognitive impairments, mobility issues, and emotional problems. Even a seemingly minor concussion can have lasting effects, underscoring the importance of helmets in preventing or reducing the severity of head injuries.

Types of Head Injuries:
- Concussions: May resolve within days or lead to prolonged symptoms.
- Traumatic Brain Injuries: Can result in significant, long-term cognitive and physical impairments.
- Penetrating Injuries: Objects entering the brain can cause severe damage.
- Intracranial Hemorrhaging: Bleeding in the brain can be life-threatening if not treated promptly.

Legal Implications of Helmet Use

While Iowa does not mandate helmet use, not wearing one can affect a motorcyclist's claim in the event of a head injury. If contributory negligence is established, the motorcyclist’s compensation will be adjusted according to their share of fault. Proving that the injuries would have been sustained regardless of helmet use, or that they would have been more severe without a helmet, is crucial in these cases.

Proving Negligence

The cornerstone of any motorcycle accident claim is proving the other party’s negligence. Collecting and presenting robust evidence, such as police reports, witness statements, and video footage, is essential to establishing fault and countering claims of contributory negligence.

Consulting a Motorcycle Accident Attorney

Given the complexities involved in motorcycle accident claims, particularly those involving head injuries and helmet use, consulting an experienced attorney is vital. At Walker, Billingsley & Bair, our attorneys can help you navigate the legal landscape, gather necessary evidence, and advocate for your rights to ensure you receive the compensation you deserve.

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.