Monona Motorcycle Accident Injury Attorneys

When accidents happen, motorcycle injury lawyers act as resolute defenders for riders. Their expertise in motorcycle accidents allows them to navigate legal complexities and secure justice and compensation for the injured.

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. 

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 the most basic terms, this means the other driver committed an act that breached the driver’s duty to drive in a safe, reasonable manner to prevent injury to others. The negligence must have led to the motorcycle accident.

How Do I Establish the Other Driver’s 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 a police report that indicates the cause and circumstances of the collision as well as any citations (like improper turn or speeding citations, for example) issued to either driver. Other common types of evidence include photos of the scene and injuries, videos of the accident, eyewitness statements, and even the damaged vehicles involved in the accident.

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

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

How Do Negligence and Helmet Laws in Iowa Affect My Case?

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, particularly 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.

So 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.

What Types of Damages Might I Recover in a Motorcycle Accident Claim?

Economic damages in a motorcycle wreck can cover, but are not limited to, 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 injury or additional surgeries – so it’s important to account for this when calculating losses.

Noneconomic damages are also recoverable. This may include pain and suffering, mental anguish, reduced quality of life, and others.

Defenses Against Motorcycle Accident Claims in Iowa

If you have been in a motorcycle accident in Iowa and are pursuing a claim for damages, the insurance company or other driver is bound to present arguments against your claim. To make sure that your case is solid, familiarizing yourself with common defenses against motorcycle accident claims and hiring an attorney are important.

You Violated Motorcycle Regulations

Perhaps the most commonly used defense that another driver may argue is that you, the motorcyclist, were in violation of motorcycle laws and regulations at the time of accident. Motorcyclists must adhere to motorcycle-specific laws, like not carrying a package that restricts a driver from using both hands (Iowa Code 321.275(6)), or not riding more than two abreast in a lane (Iowa Code 321.275(4)). If the other driver can prove that a violation occurred and that the violation caused the accident, then your claim might be in jeopardy.

You Were Speeding

Another common argument that the other side might make during a motorcycle accident claim is that you were speeding at the time of accident and that the speeding caused the accident. If the defense can prove you were speeding – or that any other traffic violations occurred, like an illegal lane change – then you may be partially or totally at fault for the accident. If you’re partially at fault, the damages you recover may be reduced proportionally to your percentage of fault. But if you were more than 50 percent at fault, you may be barred from recovering damages.

You Were Driving While Impaired

Another common defense against motorcycle accident claims is that the motorcyclist was impaired at the time of the accident. If you were under the influence of drugs or alcohol, it can severely hinder your ability to recover damages. The insurance company or court will again assign you a percentage of fault, which affects your ability to recover damages. In many cases, impairment will prevent you from recovering damages.

You Weren’t Wearing a Helmet

While Iowa doesn’t require you to wear a helmet, not wearing one might be an issue in your motorcycle accident claim if you suffered head or neck injuries. The insurance company or other driver in your accident may argue that not wearing a helmet led to more severe injuries than you might have suffered otherwise had you been wearing one. This could increase your comparative negligence, and therefore, reduce the damages you have to recover. Talk to your attorney about establishing that helmet use did not have an impact on your injury severity.

Motorcycle Safety Equipment You Might Not Know About

When you ride a motorcycle, it’s important to make sure you’re decked out in all the safest gear you can be. While you’ve certainly heard about the importance of helmets, gloves, boots and eye protection, these pieces of motorcycle safety equipment might take you by surprise:

Motorcycle Airbag Jackets

Just like the name would imply, a motorcycle airbag jacket is just that – a jacket motorcyclists wear that has an airbag built right in. Here’s how most airbag jackets work.

The airbag jacket has two cables and a cartridge of CO2 built in. One of the cables is connected to the motorcycle. In the event of a crash, if the motorcyclist is thrown from the bike, the cable will separate, and in turn, activate the CO2. As a result, the jacket will inflate. The inflation is incredibly quick – full inflation occurs in a period ranging from 100 to 300 milliseconds.

Other, more high-tech airbag jackets do not require any cables or connections. Instead, these jackets are entirely self-contained and operate on the basis of sensors within the jackets that are kept close to the body. If a loss of control or a fall is sensed, the jacket will inflate. These jackets are extremely quick to inflate, filling in fewer than 60 milliseconds.

Motorcycle Smart Helmets

One of the most dangerous aspects of riding a motorcycle is distractions, particularly handheld distracters like cell phones and GPS devices. New smart helmets that are being developed would eliminate the need for handheld devices entirely. These helmets come equipped with Bluetooth headsets, microphones, music and voice connectivity abilities, and can connect to smartphones and GPSs. These helmets also can give their riders warnings. For example, if a sharp turn is up ahead, the helmets can provide riders with information about the upcoming turn, warning them to slow down. Maps and other data would also be directly displayed in motorcyclists’ face shields.

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.