Kingsley Motorcycle Accident Injury Attorneys

When tragedy strikes, motorcycle injury lawyers act as unwavering advocates for riders. Their expertise in motorcycle accidents allows them to navigate legal intricacies and secure justice and compensation for the injured.

Can I Still File a Claim if I Was Not Wearing a Helmet and Suffered Severe Head Injuries in a Motorcycle Accident?

Riding a motorcycle without a helmet is a legal right in Iowa, but it can lead to devastating injuries if an accident occurs. According to a 2012 factsheet by the Governor’s Traffic Safety Bureau, 83% of motorcyclists killed in Iowa over the past five years were not wearing helmets. Surviving a crash without a helmet often results in significant medical expenses for treating head and spine injuries. This raises a crucial question: Can you still file a claim for compensation if you weren’t wearing a helmet during the accident?

Iowa Motorcycle Helmet Laws

Iowa law does not mandate helmet use for motorcyclists. While this freedom is appreciated by many riders, it also fuels debates about the potential lives that could be saved with a helmet law. Importantly, the absence of a helmet law means that riders who crash without a helmet are not in violation of any state law. However, Iowa’s comparative negligence laws can influence the outcome of injury claims where helmet use is a factor.

Comparative Negligence in Iowa

Iowa employs a comparative negligence system to assess liability in vehicle accidents. This system means that an injured party’s compensation is reduced by their share of fault in the accident. If the injured motorcyclist is found to be more than 50% at fault, they cannot recover any damages. In cases where a rider suffers head injuries without wearing a helmet, they might be deemed partially at fault for their injuries, reducing their compensation.

For instance, if a rider sustains a broken leg in an accident but no head injuries, helmet use would not affect the claim. However, if the rider suffers head injuries, not wearing a helmet could reduce the recoverable damages due to their partial fault in not protecting their head.

Emotional Trauma After a Motorcycle Accident

Motorcycle accidents can cause emotional trauma, including post-traumatic stress disorder (PTSD), depression, and other mental health issues, especially when severe injuries are involved.

Post-Traumatic Stress Disorder (PTSD)

PTSD can develop after a traumatic event like a motorcycle crash. Symptoms fall into three categories:
- Re-experiencing: Flashbacks, nightmares, and intrusive thoughts about the accident.
- Avoidance: Emotional numbness, depression, guilt, and memory problems.
- Hyperarousal: Being easily startled, feeling edgy, having trouble sleeping, and experiencing intense anger.

Head Injuries and Depression

Head injuries are a significant concern in motorcycle accidents, leading to conditions like traumatic brain injury (TBI), which can be associated with depression. Studies have shown that a significant percentage of TBI patients develop major depressive disorder within a year of their injury.

Emotional Trauma in Personal Injury Cases

Emotional trauma, including mental health assessments, counseling, and treatment for PTSD or depression, can be included in a motorcycle accident claim. However, not wearing a helmet may complicate recovery for head injury-related emotional trauma due to comparative negligence.

Properly Fitting Motorcycle Helmets

Proper helmet fit is crucial for safety and comfort. Here are key fit checks for helmets:
1. Forehead Gap: A helmet should fit snugly without space for even a pinky finger between the forehead and the helmet.
2. Lifting the Helmet: With the chin strap secured, you should not be able to lift the helmet off your head.
3. Red Marks or Pressure Points: A snug fit should not cause red marks or indentations.
4. Side to Side Movement: Your skin should move with the helmet when shaking your head side to side.
5. Face Shield Room: There should be space between the face shield and your face to avoid contact with your nose or chin.

Avoid using helmets that have been involved in previous accidents, as unseen damage can compromise their effectiveness.

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.