Bloomfield Motorcycle Accident Injury Attorneys

When accidents happen, motorcycle injury lawyers act as unwavering supporters for riders. Specializing in motorcycle accidents, they adeptly handle legal challenges to secure justice and compensation for injured riders.

How Helmet Use May Affect a Motorcycle Accident Claim in Iowa

Iowa is one of three states in the nation that has no motorcycle helmet law. However, despite the fact that a motorcyclist may be within their legal right to not wear a helmet, those who are not wearing a helmet and suffer a head injury in a motorcycle crash may be held partially liable for their wounds.

Helmet Use and Liability in Motorcycle Accidents

It is well-known that wearing a helmet can prevent traumatic brain and head injuries in the event of an accident; choosing not to wear a helmet, then, may be an act of negligence. However, the relevance of helmet use in determining liability varies depending on the type of injury sustained.

Accident Scenarios Where Helmet Use May Affect Liability

Helmet use will not be a relevant factor in determining liability in all accidents. Liability is likely only impacted if the injury sustained is a head or brain injury. For example, if you were in a motorcycle accident and suffered a lower body injury, the fact that you were not wearing a helmet would be irrelevant because you would have suffered the leg injury regardless.

Conversely, if you suffered a head or brain injury that could have been prevented had you been wearing a helmet at the time of the crash, you may be considered partially negligent. On the other hand, if you were wearing a helmet, this can help demonstrate that despite no legal requirement, you were exercising caution and care while riding.

Comparative Fault Laws in Iowa

A negligent act is one that fails to exercise the proper degree of care and is not necessarily something illegal. As such, while you have no legal requirement to wear a helmet, the defense may argue that a reasonable person would have worn a helmet while riding a motorcycle and that because you did not, you failed to exercise a proper degree of care.

If you are found to be partially negligent for your injuries based on your lack of helmet use, the amount of damages you can recover will be affected. Under Iowa’s comparative fault laws, your damages will be diminished in proportion to the amount of fault attributable to you. Because of this law, it is crucial to prove the fault of the other party and demonstrate that your injuries would have been incurred regardless of helmet use or that your injuries would have been worse had you not been wearing a helmet.

How to Prove the Negligence of the Other Driver

Negligence is the most important component of a motorcycle accident claim. If your accident would not have occurred but for the negligence of the other person, you need to collect evidence to prove it. Types of evidence you can use include:

- Police reports
- Lab tests (if the other driver was driving while intoxicated/impaired)
- Witness testimony
- Photo evidence
- Video evidence
- Physical evidence

The other driver will likely try to prove your negligence as well. Therefore, you should seek medical attention after even a minor motorcycle accident and secure legal representation immediately.

How Motorcycle Burn Injuries Occur

Motorcycle burn injuries are common and can result from various causes, including road rash, exhaust burns, windburn, and fires.

Road Rash Injuries

Road rash, or road burn injuries, occur when the skin scrapes along the road after being thrown from or dragged by the bike during an accident. There are three basic types of road burn injuries:

1. Deep scrapes - These may require stitches and have a high risk of infection.
2. Bruising and compression injuries - These occur when the rider gets caught between the bike and the road.
3. Avulsion injuries - Several layers of skin may be damaged, exposing underlying muscle or fat tissue, which may require surgery and skin grafting.

Exhaust Burns

Exhaust burns occur when the rider or passenger accidentally makes contact with the exhaust pipe, causing painful and potentially permanent injuries. Research shows that most exhaust burns occur below the knee on the right leg, with passengers sustaining more than 70 percent of these injuries, and more than 65 percent being second-degree burns.

Windburn

Windburn occurs when the force of the wind damages the outer layer of skin, causing pain, dryness, and itchiness. Wearing a helmet with a visor can help prevent windburn.

Burns from Collisions

Burn injuries can also result from mechanical or gas fires caused by collisions. Gasoline or other fluids can ignite upon impact, causing serious injuries. Burn injuries are categorized as first-, second-, and third-degree burns and require appropriate medical treatment.

Emotional Trauma After a Motorcycle Accident

Motorcyclists are at risk for myriad injuries in the event of an accident, including physical and emotional trauma. Severe injuries may lead to conditions like post-traumatic stress disorder (PTSD) and depression.

Post-traumatic Stress Disorder (PTSD)

PTSD may develop following a traumatic event like a motorcycle accident. Symptoms are grouped into three categories:

1. Re-experiencing - Flashbacks, nightmares, and intrusive thoughts about the incident.
2. Avoidance - Avoiding reminders of the event, emotional numbness, guilt, and depression.
3. Hyperarousal - Increased startle response, edginess, trouble sleeping, and intense anger.

Head Injuries and Depression

Head injuries are a major concern for motorcyclists, and they are associated with a higher risk of depression. Research has shown that a significant number of individuals develop major depressive disorder following a traumatic brain injury (TBI).

Emotional Trauma in Personal Injury Cases

Your motorcycle accident claim can account for medical expenses related to physical injuries and emotional trauma. This includes costs for mental health assessments, counseling, treatment, and compensation for mental anguish. However, failure to wear a helmet might reduce your settlement if you suffered head injuries, as the defense may argue that helmet use could have prevented or lessened the severity of the injury.

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.