Parkersburg Motorcycle Accident Injury Attorneys

A motorcycle accident near Parkersburg can leave a rider dealing with much more than broken bones or road rash. Defective safety gear can turn out to be part of the problem, the emotional toll of a serious crash can be just as significant as the physical injuries, and building a strong case often requires a great deal of behind-the-scenes work. Understanding these issues can help a Parkersburg rider protect their rights and pursue full and fair compensation.

Below is an overview of three important topics for Parkersburg motorcycle accident victims: what happens when defective safety gear contributes to an injury, how emotional trauma factors into a motorcycle accident claim, and what an attorney actually does to help build a case.

Defective Motorcycle Safety Gear and Product Liability

Manufacturers of defective products are liable for the injuries they cause. If a Parkersburg rider was wearing proper safety gear and still suffered injuries in a motorcycle accident because that gear was defective, a claim or lawsuit can be filed against the equipment manufacturer in addition to the driver responsible for the crash.

Types of Liability for Manufacturing Defects

In a product liability claim, several types of liability may apply. Negligence means the manufacturer failed to exercise proper care, having a legal obligation to make sure the product was safe but failing to follow through. Failure to warn or misrepresenting the product occurs when a manufacturer makes promises about a product that it does not live up to, or hides known hazards. Breach of warranty happens when a manufacturer does not stand behind claims made about the product or refuses to honor a warranty or other promise. Strict liability makes a manufacturer liable for injuries caused by a defective product regardless of fault, simply because the manufacturer is responsible for what it creates.

Elements of a Product Liability Claim

It is possible to sue a motorcycle safety gear manufacturer when its product causes injuries because of a manufacturing defect or other liability issue, but certain elements are required. There must be genuine injuries or financial losses involved, since a lawsuit generally cannot be filed without them. The product must contain a manufacturing defect, which can be straightforward to prove in some cases but may require showing that the product was manufactured improperly, the design was flawed, or the product contained dangerous parts that were not properly labeled.

The defective product must have directly caused the injury or loss, which can be difficult to establish without legal guidance. Finally, the product must have been used for its intended purpose. For example, an injury worsened or caused by a defective helmet worn while riding a motorcycle would likely be considered a product liability issue. However, if a rider was wearing a helmet not designed for motorcyclists and it failed to offer adequate protection, that may not support a product liability case, since the product was not used as intended.

Parkersburg riders whose injuries were made worse by a manufacturing defect, or whose safety gear failed to offer adequate protection, may be able to pursue a claim against the equipment manufacturer in addition to the party responsible for the accident.

Emotional Trauma After a Parkersburg Motorcycle Accident

Motorcyclists are at risk of a wide range of injuries in an accident, from soft tissue injuries and fractures to spinal cord and head injuries. In some cases, especially severe ones, riders involved in an accident may suffer emotional trauma in addition to their physical injuries. Iowa motorcyclists pursuing a liability claim or lawsuit against a negligent driver can factor this emotional distress into the overall claim.

Post-Traumatic Stress Disorder

Post-traumatic stress disorder, or PTSD, may develop following a traumatic event like a motorcycle accident. Once associated primarily with soldiers exposed to combat, PTSD can develop for a variety of reasons. According to the National Institutes of Mental Health, PTSD symptoms generally fall into three categories: re-experiencing, which includes flashbacks, nightmares, and intrusive thoughts about the incident; avoidance, which includes avoiding certain events or actions along with emotional numbness, guilt, depression, and difficulty remembering the event; and hyperarousal, which includes being easily startled, edginess, trouble sleeping, and intense episodes of anger.

Head Injuries and Depression

Head injuries are a major concern for motorcyclists involved in an accident, which is why most states have adopted motorcycle helmet laws, though Iowa has repealed its own, and why advocacy and safety groups continue to recommend helmet use for all riders and passengers. Researchers have studied the connection between traumatic brain injury and depression extensively. One study published in 2004 in the Archives of General Psychiatry found that a substantial share of participants developed major depressive disorder within the first year after sustaining a traumatic brain injury, concluding that major depressive disorder is a frequent complication of these injuries. Another study, published in 2002 in the Journal of Nursing Scholarship, found that chronic stress was significantly and positively related to depression following a traumatic brain injury, a stress that may be tied to the recovery process and other factors that follow a serious injury.

Emotional Trauma in a Motorcycle Accident Claim

A motorcycle accident claim accounts for medical expenses related to physical injuries such as head injuries and spinal cord injuries, but it may also account for emotional trauma following the accident. Emotional trauma that may be included in the damages sought after a Parkersburg motorcycle accident includes mental health assessment, counseling, treatment, and mental anguish.

It is worth keeping in mind that failing to wear a helmet might reduce a settlement if head injuries were involved, since the insurance company or defendant may argue that helmet use could have prevented or reduced the severity of the injury. Talking with an attorney about how helmet use may factor into a claim, and whether it could have any bearing on emotional or noneconomic damages, is an important step for any Parkersburg rider pursuing compensation.

What Can an Attorney Do for a Parkersburg Motorcycle Case?

Depending on the nature and severity of an injury, a rider may or may not need an attorney. Even so, it is always worth consulting with an experienced Iowa injury attorney to get information that can help avoid common, costly mistakes. When researching an attorney, it helps to look at reviews on sites like Avvo and Google, since simply advertising personal injury or motorcycle accident work does not guarantee quality representation. Reviews from prior clients describing their actual experience offer a clearer picture of whether an attorney is the right fit.

Once an attorney takes on a Parkersburg motorcycle accident case, there is a long list of tasks involved in building and pursuing it, including:

• Educating the client about Iowa injury laws, which vary from state to state
• Gathering documentary evidence, including police accident reports, medical records, and bills
• Hiring an investigator, if necessary, to interview and locate witnesses
• Collecting other evidence, such as photographs of the vehicles and accident scene
• Reviewing and analyzing legal issues such as comparative fault and assumption of the risk
• Talking to the client's physicians and obtaining written reports to support the case
• Analyzing the client's insurance policy for coverage that may help pay medical bills while the claim is pending
• Reviewing the validity of any liens asserted by doctors, insurance companies, benefit plans, or employers
• Contacting the insurance company to place them on notice of the claim
• Preparing the client, witnesses, and healthcare providers for depositions if a suit is filed
• Preparing a demand package in an attempt to settle the case
• Preparing for mediation, settlement negotiations, and trial
• Filing motions and briefs to determine what evidence will be allowed at trial
• Taking the case to trial and reviewing the verdict to determine if there are grounds for appeal

Every case is different, and an attorney only gets paid if the case is successful. For a Parkersburg motorcycle accident victim, having someone manage these tasks allows the focus to stay on recovery rather than on paperwork and legal procedure.

Consulting a Parkersburg 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. 

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