Hull Motorcycle Accident Injury Attorneys

In the wake of a tragedy, motorcycle injury attorneys become committed champions for riders. With a focus on motorcycle accidents, they navigate legal challenges to ensure injured riders receive fair justice and compensation.

Filing a Claim for Motorcycle Accident Injuries in Iowa

A motorcycle accident can leave victims and their families reeling. Motorcyclists have considerably less protection compared to other drivers, which can leave them vulnerable to catastrophic injuries like head trauma, spinal cord injuries, road rash, and fractures. They may face financial burdens and emotional damages as well.

Proving the Other Driver’s Negligence

To recover damages in an injury claim after a motorcycle accident in Iowa, you need to prove that the other driver was at fault. In basic terms, this means the other driver committed an act that breached the driver’s duty to drive safely and reasonably to prevent injury to others. The negligence must have led to the motorcycle accident.

Establishing Negligence

Some drivers may not account for motorcyclists when changing lanes and driving in general. For example, a driver may not check for bikes when turning left. If a motorcycle is coming straight through the intersection, it can lead to a serious collision.

To prove that the other driver acted negligently, your case must present valid evidence. This can include:

- Police reports that indicate the cause and circumstances of the collision as well as any citations (like improper turn or speeding citations) issued to either driver.
- Photos and videos of the scene and injuries.
- Eyewitness statements.
- Damage reports of the vehicles involved in the accident.

Preparing for Your Case

As you prepare for your case, make sure you or your loved one:

- Keeps all medical appointments.
- Contacts the insurance company.
- Keeps all documents and communications pertaining to the accident.

Negligence and Helmet Laws in Iowa

Iowa does not have a helmet law, so motorcyclists who did not wear a helmet are not in violation of any laws. However, failure to wear a helmet still may affect an injury claim in some cases, especially if the rider injured his or her head in the accident.

Iowa follows a modified comparative negligence system in which claimants or plaintiffs can recover damages even if they are partially at fault, provided they are no more than 50 percent at fault for an accident. But damage awards are reduced by the individual’s percentage of fault.

For instance, if a rider wasn’t wearing a helmet and suffered a head injury when another driver merged into his lane, the rider may be assigned a percentage of fault for the injury based on the decision not to wear a helmet. If 10 percent responsible, for example, and the rider suffered $50,000 in damages, the award is reduced to $45,000. However, this depends on the circumstances of the case and if the injury would have occurred regardless of helmet use.

Of course, helmet use won’t be a factor for a rider who suffers road rash on his leg because the helmet would not have protected the leg from the injury. Talk to your attorney about the details of the case to get a better understanding of how this can affect your case.

Types of Recoverable Damages

Economic Damages: These can cover current and future loss of income and medical bills. Catastrophic injuries can require significant medical care in the future, such as home care for brain or spinal cord injuries or additional surgeries. It’s important to account for this when calculating losses.

Noneconomic Damages: These are also recoverable and may include pain and suffering, mental anguish, reduced quality of life, and others.

Emotional Trauma After a Motorcycle Accident

Motorcyclists are at risk for myriad 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 in cases of severe injuries, motorcyclists who were involved in an accident might suffer from emotional trauma in addition to their physical ailments.

Post-traumatic Stress Disorder (PTSD)

Post-traumatic stress disorder (PTSD) may develop following a traumatic event like a motorcycle accident. Once known as a condition that soldiers exposed to the battlefield might develop – and previously referred to as shellshock – the condition might manifest for a variety of reasons.

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, as well as 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. That’s why most states have implemented motorcycle helmet laws (Iowa repealed its motorcycle helmet laws) and advocacy and safety groups recommend their use by all operators and passengers.

Various researchers have studied the association between traumatic brain injury (TBI) and depression. One study published in 2004 in the Archives of General Psychiatry found that one-third of study participants developed major depressive disorder within the first year after sustaining a TBI. The researchers concluded, “Major depressive disorder is a frequent complication of TBI…”

Another study published in 2002 in the Journal of Nursing Scholarship found, “Chronic stress was significantly and positively related to post-TBI depression.” This stress may be related to the recovery process and other mitigating factors after a serious injury.

Emotional Trauma in Personal Injury Cases

Your motorcycle accident claim will account for medical expenses related to physical injuries like head injuries, spinal cord injuries, and more. It may also account for emotional trauma after the accident.

Emotional trauma that may be included in the monetary damages awarded you after an Iowa motorcycle accident includes:

- Mental health assessment.
- Counseling.
- Treatment.
- Mental anguish.

Keep in mind, though, that failure to wear a helmet might reduce your settlement if you suffered head injuries. The insurance company or defendant might argue helmet use may have prevented or reduced the severity of the injury. Talk to your attorney about how your helmet use may factor into your claim and whether it might have any bearing on emotional or noneconomic damages you might recover.

How to File a Claim After a Motorcycle Accident in Iowa

To file a claim after a motorcycle accident, you’ll need to establish injury or property loss, adhere to the statute of limitations, and hire a lawyer. Consider these tips on how to successfully file a claim from our established motorcycle accident law firm.

Seek Medical Attention and Save Records

If you were injured in your motorcycle accident, the first thing that you need to do following the accident is to seek medical attention. Then, you need to gather all the documentation relevant to that medical care. When you file your claim with the insurance company, you’ll need to provide proof of your injuries and expenses.

Review Your Policy

All motorcyclists and motorists are required to carry proof of financial responsibility in Iowa, most typically in the form of car or motorcycle insurance. If you carry motorcycle insurance, then you need to review your policy as soon as possible after an accident. Often, default insurance coverage is not enough.

If you were at fault for the accident and only have the basic coverage amount, then your policy will only pay up to that amount. If you have other types of coverage, like medical payments coverage, then you may be entitled to more money, regardless of who caused the accident.

File in Time

It’s extremely important that you notify your insurance company of your motorcycle accident immediately following the accident and that you file your claim as quickly as possible. If you don’t, you may miss the stipulated time requirements and may see a denied claim. If you need to file a personal injury lawsuit to recover damages, you have two years under Iowa Code 614.1.

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.