- Mediapolis Motorcycle Accident Injury Attorneys
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In the wake of a tragedy, motorcycle injury attorneys act as dedicated champions for riders. With a focus on motorcycle accidents, they navigate legal challenges to ensure injured riders receive fair justice and compensation.
How Do Motorcycle Burn Injuries Occur?
Motorcycle burn injuries can arise from various sources during an accident. The primary types of burns include road rash, exhaust burns, windburn, and burns from fires. Each type involves different causes and circumstances, but any serious burn requires immediate medical attention.
Road Rash Injuries
Road rash, or road burn injuries, occur when a rider’s skin scrapes along the road after being thrown from or dragged by the bike. This can happen on pavement or gravel, leading to serious injuries that often require hospitalization and extensive healing periods. There are three basic types of road rash injuries:
- Deep Scrapes: High-speed scrapes can result in wounds requiring stitches. Such open wounds have a high risk of infection, necessitating careful treatment.
- Bruising and Compression Injuries: When the rider gets caught between the bike and the road, severe bruising and crushing injuries can occur.
- Avulsion Injuries: Multiple layers of skin may be damaged, exposing and harming underlying muscle or fat tissue. These serious injuries might require surgery and skin grafting.
Exhaust Burns
Exhaust burns happen when the rider or passenger accidentally contacts the exhaust pipe, leading to extremely painful injuries that can cause permanent scarring. A study by Athens University Medical School in Greece published in Burns found:
- Most exhaust burn injuries occurred below the knee on the right leg.
- Passengers sustained more than 70 percent of these injuries.
- Over 65 percent of victims suffered second-degree burns.
Windburn
Windburn occurs when the force of the wind damages the skin's outer layer, causing pain and increased sensitivity to sunlight. It results in dry, itchy skin and can be mitigated by wearing a helmet with a visor.
Burns from Collisions
Mechanical or gas fires can cause burns during a motorcycle collision. Gasoline or other fluids can ignite, leading to explosions and severe, sometimes life-threatening injuries. Burn injuries are categorized as first-, second-, and third-degree burns, with treatment varying accordingly. Riders should consult their doctors about potential complications such as scarring, infections, and nerve damage.
Emotional Trauma After a Motorcycle Accident
Motorcyclists are at risk for a range of injuries, from soft tissue injuries and fractures to spinal cord and head injuries. Severe injuries often result in emotional trauma, which can be included in a liability claim against a negligent driver.
Post-Traumatic Stress Disorder (PTSD)
PTSD may develop following a traumatic event like a motorcycle accident. According to the National Institutes of Mental Health (NIMH), PTSD symptoms fall into three categories:
- Re-experiencing: Flashbacks, nightmares, and recurring thoughts about the incident.
- Avoidance: Avoiding certain events or actions, emotional numbness, guilt, depression, and difficulty remembering the event.
- Hyperarousal: Being easily startled, feeling edgy, having trouble sleeping, and experiencing intense anger episodes.
Head Injuries and Depression
Head injuries are a major concern in motorcycle accidents. Although Iowa has no helmet laws, helmet use is strongly recommended to prevent traumatic brain injuries (TBI). Studies have shown a significant association between TBI and depression. For example, a study in the Archives of General Psychiatry found that one-third of participants developed major depressive disorder within a year after a TBI. Another study in the Journal of Nursing Scholarship found a positive correlation between chronic stress and post-TBI depression.
Emotional Trauma in Personal Injury Cases
A motorcycle accident claim may cover medical expenses for physical injuries and emotional trauma. Emotional trauma damages might include:
- Mental health assessment
- Counseling
- Treatment
- Mental anguish
However, not wearing a helmet could reduce the settlement for head injuries, as the insurance company might argue that helmet use could have mitigated the injury's severity. Consult your attorney about how helmet use might impact your claim.
How Helmet Use May Affect a Motorcycle Accident Claim in Iowa
Iowa is one of three states without a motorcycle helmet law. While motorcyclists are legally not required to wear helmets, those who do not wear one and suffer a head injury in an accident may be held partially liable for their injuries.
Accident Scenarios and Liability
Helmet use impacts liability primarily in accidents involving head or brain injuries. For injuries unrelated to the head, such as a leg injury, helmet use would be irrelevant. However, if the injury could have been prevented by wearing a helmet, partial negligence may be assigned to the rider.
Comparative Fault Laws in Iowa
Iowa’s comparative fault laws state that damages can be reduced in proportion to the rider's negligence. A reasonable person might be expected to wear a helmet, and failure to do so could be seen as a lack of care. Proving the other party's fault and that injuries would have occurred regardless of helmet use is crucial for maximizing damages.
Proving Negligence
Evidence to prove the other driver's negligence includes:
- Police reports
- Lab tests (e.g., if the other driver was intoxicated)
- Witness testimony
- Photo and video evidence
- Physical evidence
After an accident, seek medical attention and legal representation promptly to strengthen your case.
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.