Knoxville Motorcycle Accident Injury Attorneys

Motorcycle injury lawyers stand as dedicated supporters for riders when calamity strikes. Specializing in motorcycle accident cases, they expertly navigate the legal landscape to secure justice and compensation for injured riders.

Motorcycle accidents often result in severe head injuries and concussions, leading to significant medical expenses and long-term effects. Riders must know how to handle aggressive drivers and be prepared for common defenses in accident claims. This comprehensive guide covers these critical aspects, offering valuable insights for motorcyclists in Iowa.

Motorcycle Head Injuries and Concussions from Accidents

Motorcyclists are particularly vulnerable to head injuries in accidents. Data from the Iowa Department of Transportation highlights that out of 41 motorcycle fatalities in 2013, 34 involved riders not wearing helmets. While helmets can save lives, they are not mandatory in Iowa, and motorcyclists should be aware of the potential head injuries they could sustain in accidents.

Types of Head Injuries

Motorcycle accidents can cause various head injuries, ranging from minor concussions to severe traumatic brain injuries (TBIs). Some common types include:
- Concussions: These can be mild and improve within days but can also lead to longer-term issues if severe.
- Traumatic Brain Injuries: These involve the brain moving violently within the skull, potentially causing lasting damage.
- Penetrating Injuries: Occur when an object pierces the brain tissue.
- Intracranial Hemorrhaging: Blood pools in the brain, increasing pressure and restricting blood flow, which can be fatal without immediate treatment.

Victims of severe head injuries often require long-term care and rehabilitation, leading to substantial medical bills. These expenses can be pursued in an injury claim against an at-fault driver.

Long-Term Consequences

The long-term effects of head injuries can be life-altering, including:
- 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

The severity and type of head injury significantly influence these outcomes, necessitating comprehensive medical and legal support.

Helmet Use and Accident Claims

While Iowa law does not mandate helmet use, not wearing a helmet can impact a motorcycle accident claim, especially for head injuries. If a rider suffers a head injury, the defense may argue contributory negligence due to the lack of helmet use. This could reduce the damages recoverable based on the rider's degree of fault. Proving the other party's liability is crucial, and an attorney can help gather evidence and address allegations of negligence.

How to Deal with an Aggressive Driver if You’re on a Motorcycle

Aggressive drivers pose significant risks to motorcyclists. Knowing how to handle such situations is essential for rider safety.

Responding to Road Rage

When faced with an aggressive driver displaying road rage (e.g., yelling, obscene gestures, tailgating, speeding), it's vital not to respond in kind. Instead, maintain a safe distance and stay calm to avoid escalating the situation.

Dealing with Tailgating

If an aggressive driver is tailgating, change lanes safely to let them pass. Do not speed up or slow down to provoke the tailgater, as this can be dangerous. Allowing the driver to pass is the safest solution.

Staying Safe

Beyond handling aggressive drivers, motorcyclists should follow general safety practices, such as always wearing a helmet and carrying a motorcycle safety kit. Familiarizing yourself with safety tips can help prevent accidents and injuries.

Defenses against Motorcycle Accident Claims in Iowa

Motorcyclists involved in accidents may face several defenses from the other party, which can affect their ability to recover damages.

Violating Motorcycle Regulations

One common defense is that the motorcyclist violated specific regulations, such as carrying a package that restricts hand use (Iowa Code 321.275(6)) or riding more than two abreast in a lane (Iowa Code 321.275(4)). Proving such violations can jeopardize the claim if they contributed to the accident.

Speeding

The defense may argue that the motorcyclist was speeding or committed other traffic violations, such as illegal lane changes, which caused the accident. If proven, the motorcyclist's fault percentage could reduce the recoverable damages or bar recovery if the fault exceeds 50 percent.

Driving While Impaired

If the motorcyclist was under the influence of drugs or alcohol, it significantly impacts the claim. Impairment can severely hinder recovery, as the fault percentage assigned will affect the damages recoverable.

Not Wearing a Helmet

Although not wearing a helmet is legal in Iowa, it can complicate claims involving head or neck injuries. The defense might argue that helmet use would have reduced the injury severity, increasing the rider's comparative negligence and reducing the damages recoverable.

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.