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Motorcycle injury lawyers stand as unwavering advocates for riders when disaster strikes. Their expertise in motorcycle accidents enables them to manage legal intricacies and secure justice and compensation for injured riders.
Comprehensive Guide to Motorcycle Accident Injuries: Head Injuries, Concussions, and Spinal Cord Injuries
Motorcycle accidents can result in severe and life-altering injuries. This guide provides an in-depth look at the types of head and spinal cord injuries motorcyclists might sustain in accidents, the legal implications of helmet use, and the importance of seeking legal assistance for compensation.
Motorcycle Head Injuries and Concussions
Head injuries are a common and severe outcome of motorcycle accidents. According to the Iowa Department of Transportation, 41 motorcycle fatalities occurred in 2013, and 34 of these involved riders who were not wearing helmets. While helmets can significantly reduce the risk of fatal head injuries, wearing one is not mandatory in Iowa. This section explores the types of head injuries motorcyclists might sustain and the legal aspects related to helmet use.
Types of Head Injuries
Motorcyclists involved in accidents may suffer various head injuries, ranging from mild concussions to severe traumatic brain injuries (TBIs).
1. Concussions: These can range from mild to severe and typically improve with time and rest.
2. Traumatic Brain Injuries (TBIs): These occur when the brain violently moves within the skull, potentially leading to long-term or permanent damage.
3. Penetrating Injuries: These involve an object piercing the skull and embedding into the brain tissue.
4. Intracranial Hemorrhaging: This is bleeding within the brain that can cause significant pressure on brain tissue, leading to restricted blood flow and potential fatality if not treated promptly.
Long-Term Consequences
The long-term effects of head injuries from motorcycle accidents can be profound and life-changing. Victims may experience:
- Communication problems
- Cognitive limitations
- Mobility and balance issues
- Fine motor skill limitations
- Hearing and vision problems
- Loss of sensation in parts of the body
- Emotional and mental health issues, such as depression and anxiety
Legal Implications of Helmet Use
While Iowa law does not require motorcyclists to wear helmets, failure to do so can impact a personal injury claim. If a rider sustains a head injury without wearing a helmet, the defense may argue that the severity of the injury was exacerbated by the lack of a helmet, potentially reducing the compensation awarded.
Spinal Cord Injuries in Motorcycle Accidents
Spinal cord injuries are another severe consequence of motorcycle accidents. According to a St. James University Hospital study, spinal cord injuries affect approximately 11 percent of motorcycle accident victims. These injuries can lead to permanent disability and significant changes in lifestyle.
Types of Spinal Cord Injuries
1. Complete Spinal Cord Injury: This results in a total loss of sensation and movement below the injury site.
2. Incomplete Spinal Cord Injury: Some sensation and movement remain below the injury site, with varying degrees of impairment.
Common Spinal Cord Injuries
- Thoracic Spine Injuries: The most commonly injured area, accounting for 54.8 percent of cases.
- Lumbar Spine Injuries: Occur in 30 percent of cases.
- Cervical Spine Injuries: Account for 27 percent of injuries.
Complications and Long-Term Effects
Spinal cord injuries can lead to numerous complications, including:
- Blood clots
- Pressure sores
- Breathing difficulties
- Uncontrolled muscle movements
- Loss of bladder or bowel control
- Increased risk of infections
- Blood pressure problems
- Muscle atrophy
- Sexual and reproductive function issues
- Chronic pain and nerve pain
Mental and Emotional Impact
The emotional toll of spinal cord injuries is significant, with many victims experiencing depression, anxiety, and post-traumatic stress disorder (PTSD).
Legal Considerations and Seeking Compensation
Comparative Negligence in Iowa
Iowa follows a system of comparative negligence, which can impact the recovery of damages in motorcycle accident cases. If the injured party is found to be more than 50 percent at fault, they may not recover any damages. Helmet use, or lack thereof, can be a factor in determining the degree of fault, especially in cases involving head injuries.
Importance of Legal Representation
Given the complexities of motorcycle accident claims, it is crucial to work with experienced attorneys who can navigate the legal landscape and help secure fair compensation. An attorney can:
- Collect and present evidence of the other driver's liability
- Address allegations of contributory negligence related to helmet use
- Ensure the preservation of crucial evidence
- Negotiate with insurance companies to achieve a fair settlement
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.