Nevada Motorcycle Accident Injury Attorneys

When tragedy strikes, motorcycle injury attorneys serve as resolute champions for riders. With a focus on motorcycle accidents, they expertly navigate legal challenges to ensure justice and compensation for the injured.

Motorcycle Head Injuries and Concussions from Accidents

Motorcycle accidents can result in severe and life-threatening injuries, particularly head injuries. According to the Iowa Department of Transportation, in 2013, there were 41 motorcycle fatalities, with 34 involving motorcyclists who were not wearing helmets. While wearing a helmet can significantly reduce the risk of fatal injuries, it is not mandatory in Iowa. Understanding the types of head injuries, their long-term consequences, and the legal aspects of motorcycle accident claims is crucial for any motorcyclist.

Types of Head Injuries in Motorcycle Accidents

Motorcycle accidents can cause various types of head injuries, ranging from mild concussions to severe traumatic brain injuries (TBIs). A concussion might resolve in a few days, but a TBI can leave a victim in a coma or result in lifelong disabilities. Some head injuries involve intracranial hemorrhaging, where blood pools in the brain, putting pressure on brain tissue and restricting blood flow. These injuries require immediate medical attention and can lead to long-term care and rehabilitation, creating substantial medical expenses.

Long-term Consequences of Motorcycle Head Injuries

The aftermath of a motorcycle head injury can be profound and enduring. Victims might 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

The severity and type of head injury largely determine the specific consequences. Victims often face long-term rehabilitation and significant changes in their quality of life.

Helmets, Head Injuries, and Motorcycle Accident Claims

Although Iowa does not mandate helmet use, not wearing a helmet can impact the outcome of a motorcycle accident claim, especially if the injury is to the head. Defendants may argue that the severity of the injury was due to the lack of a helmet, potentially reducing the compensation a motorcyclist can recover. If a motorcyclist is found to be contributorily negligent, they can still recover damages, but these will be reduced by their percentage of fault. If the fault exceeds 50 percent, recovery of damages is barred entirely.

Proving the liability of the other party is critical. An attorney can help collect and present evidence demonstrating the other driver’s responsibility and counter any arguments regarding helmet use.

Defenses Against Motorcycle Accident Claims in Iowa

When pursuing a claim for damages after a motorcycle accident in Iowa, you may face several defenses from the insurance company or the other driver. Common defenses include accusations of violating motorcycle regulations, speeding, driving while impaired, and not wearing a helmet.

Violating Motorcycle Regulations

One of the most common defenses is that the motorcyclist violated specific motorcycle laws, such as carrying a package that restricts the use of both hands or riding more than two abreast in a lane. If it can be proven that a violation occurred and caused the accident, the motorcyclist’s claim might be jeopardized.

Speeding and Traffic Violations

Another common defense is that the motorcyclist was speeding or committed another traffic violation, such as an illegal lane change, which contributed to the accident. If proven, this can reduce the motorcyclist’s recoverable damages proportionally to their fault. If found more than 50 percent at fault, the motorcyclist may be barred from recovering any damages.

Driving While Impaired

If the motorcyclist was impaired by drugs or alcohol at the time of the accident, this can severely affect the ability to recover damages. The impairment can increase the assigned fault percentage, impacting the compensation recoverable.

Not Wearing a Helmet

Even though Iowa does not require helmets, if a motorcyclist sustains head or neck injuries and was not wearing a helmet, the defense may argue that the injuries were more severe due to the lack of helmet use. This can increase the comparative negligence assigned to the motorcyclist, reducing the damages recoverable.

Exploring Motorcycle Insurance Coverage

Motorcyclists in Iowa are required to carry insurance, and not doing so can lead to losing their license. Additionally, uninsured motorcyclists at fault for an accident are liable for all repair and medical costs. To avoid financial burdens, motorcyclists should consider various insurance coverage options beyond the mandatory bodily injury and property damage liability.

Uninsured/Underinsured Motorist Coverage

This coverage is crucial as it protects against damages caused by drivers who do not carry sufficient insurance. It ensures that your medical expenses and damages are covered if the at-fault driver’s insurance is inadequate.

Comprehensive and Collision Coverage

Comprehensive coverage protects against non-accident-related damages like those from floods, fires, or vandalism. Collision coverage helps with repair costs if you collide with another object.

Medical Expense Coverage

This coverage pays for medical expenses for both the rider and any passengers, regardless of who caused the accident. It is invaluable for covering the cost of medical treatment after a crash.

Roadside Assistance Coverage

Roadside assistance provides towing services if your motorcycle breaks down, runs out of gas, or is involved in an accident. Excursion diversion insurance can cover lodging, food, and transportation if an accident occurs far from home.

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.