Bondurant Motorcycle Accident Injury Attorneys

Motorcycle injury lawyers stand as resolute defenders for riders when calamity strikes. Specializing in motorcycle accident cases, they skillfully manage legal challenges to secure justice and compensation for injured riders.

Filing a Claim After a Motorcycle Accident Without a Helmet

Riding a motorcycle without a helmet is a legal choice for motorcyclists in Iowa, but it can lead to severe injuries in the event of an accident. Understanding the implications of not wearing a helmet and how it affects your claim is crucial. This article explores Iowa's helmet laws, the concept of comparative negligence, the importance of replacing helmets after accidents, and the necessity of seeking medical treatment even after minor accidents.

Iowa Motorcycle Helmet Laws

Iowa does not mandate helmet use for motorcyclists. Despite debates over the potential for helmets to save lives, riders are not legally required to wear them. However, the lack of helmet use can impact the outcome of compensation claims due to the state's comparative negligence laws. 

According to a 2012 factsheet from the Governor’s Traffic Safety Bureau, 83% of motorcyclists killed in Iowa in the past five years were not wearing helmets. For those who survive, the costs of medical treatment and rehabilitation for head and spine injuries can be substantial.

Comparative Negligence in Iowa

Iowa operates under a system of comparative negligence, meaning that the damages a party can recover are reduced by their percentage of fault in the accident. If a motorcyclist is more than 50% at fault, they cannot recover any compensation. 

For instance, if a motorcyclist suffers head or spine injuries in an accident and was not wearing a helmet, they may be deemed partially at fault for not protecting themselves, potentially reducing the compensation they receive. However, if the injuries do not involve the head or neck, helmet use would not factor into the recovery of damages.

Importance of Replacing Helmets After an Accident

Even minor accidents can cause significant damage to a motorcycle helmet that is not immediately visible. The Motorcycle Safety Foundation advises that any impact to the head during an accident compromises the helmet's effectiveness. Therefore, it is critical to replace a helmet after any incident. 

Most helmet manufacturers offer inspection and repair services, but when in doubt, replacing the helmet is the safest option. Similarly, if a helmet is dropped from a significant height or falls off a moving vehicle, it should be inspected or replaced to ensure continued protection.

Seeking Medical Treatment After an Accident

Even if a motorcycle accident seems minor, it is essential to seek medical attention. Adrenaline can mask pain, and injuries such as internal bleeding, concussions, or hairline fractures might not present symptoms immediately. Visiting an emergency room or urgent care clinic for a thorough check-up, including x-rays, CT scans, or MRIs, can help identify and treat injuries before they become severe.

It is also common for pain to appear hours or days after the accident, so obtaining a doctor's advice on managing potential discomfort with appropriate medications is beneficial.

Legal Assistance for Motorcycle Accident Claims

Navigating the complexities of helmet laws and fault in motorcycle accidents can be challenging. Consulting with an experienced attorney is crucial, especially if you suffered head injuries without wearing a helmet. A skilled attorney can help you understand the relevant laws, gather necessary evidence, and build a strong case for your claim.

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.