- Pleasantville Motorcycle Accident Injury Attorneys
- Phone: 641-792-3595
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In times of misfortune, motorcycle injury lawyers become resolute defenders for riders. Their expertise in motorcycle accidents enables them to manage legal intricacies and secure justice and compensation for the injured.
Motorcycle accidents can have devastating consequences for victims and their families. Unlike other drivers, motorcyclists have significantly less protection, making them more susceptible to severe injuries such as head trauma, spinal cord injuries, road rash, and fractures. These injuries can lead to substantial financial burdens and emotional distress.
Establishing Fault in a Motorcycle Accident
To recover damages after a motorcycle accident in Iowa, it’s essential to prove that the other driver was at fault. This typically means demonstrating that the other driver failed to drive safely and reasonably, thus breaching their duty to prevent injury to others. Proving negligence is critical to a successful injury claim.
Evidence of Negligence
Drivers often fail to account for motorcyclists, leading to accidents. For instance, a driver turning left without checking for oncoming motorcycles can cause a serious collision. To prove the other driver’s negligence, you must present valid evidence, such as:
- Police Reports: These often indicate the cause and circumstances of the collision and any citations issued.
- Photos and Videos: Visual evidence of the scene, injuries, and vehicle damage.
- Eyewitness Statements: Testimonies from those who saw the accident occur.
Documentation and Communication
It’s vital to keep all documents and communications related to the accident. Ensure that you or your loved one:
- Attends all medical appointments: Documenting injuries and treatments is crucial.
- Contacts the insurance company: Report the accident promptly and follow up regularly.
- Retains all documents: Keep records of medical bills, repair estimates, and any correspondence related to the accident.
Impact of Helmet Laws on Negligence
Iowa does not require motorcyclists to wear helmets. However, not wearing a helmet can still impact an injury claim, especially if a head injury occurs. Iowa follows a modified comparative negligence system, allowing claimants to recover damages even if partially at fault, provided they are no more than 50 percent responsible for the accident. The compensation is reduced by the individual’s percentage of fault.
For example, if a rider without a helmet suffers a head injury due to another driver merging into their lane and is deemed 10 percent at fault, their $50,000 damage award would be reduced to $45,000. The exact impact depends on the case specifics and whether the injury would have occurred regardless of helmet use.
Recoverable Damages in Motorcycle Accident Claims
Economic Damages
These cover current and future medical expenses and loss of income. Catastrophic injuries often require extensive medical care, including home care for brain or spinal cord injuries and additional surgeries. It’s essential to account for future medical needs when calculating losses.
Noneconomic Damages
These include compensation for pain and suffering, mental anguish, reduced quality of life, and other non-monetary impacts.
Motorcycle Safety Tips for Visibility
Visibility is crucial for motorcyclists to avoid accidents. Here are some tips to stay visible on the road:
Wear Bright Colors
Dark colors are harder to see, especially at night. Opt for bright or neon jackets to improve visibility.
Use Reflective Gear
Reflective tape on your bike, helmet, and jacket can significantly enhance visibility.
Avoid Blind Spots
Stay out of other vehicles’ blind spots, especially larger trucks. Pass quickly and safely, and avoid lingering beside other vehicles.
Use Your Lights
Iowa law requires motorcyclists to have at least one lighted headlamp. This helps both visibility for the rider and makes the motorcycle more noticeable to other drivers.
Use Your Horn
A horn can alert drivers to your presence, reducing the risk of being struck.
Common Types of Serious Motorcycle Injuries
Negligence in motorcycle accidents can lead to severe injuries, such as:
Fractures
Motorcycle collisions can result in fractures anywhere on the body. Severe breaks might require surgery and prolonged immobilization, increasing the risk of complications like infections and blood clots.
Road Rash
When a motorcyclist skids across the pavement, road rash can cause severe tissue and muscle damage. Severe cases might need skin grafts to expedite healing and prevent infections.
Traumatic Brain and Spinal Cord Injuries
Traumatic brain injuries (TBI) can range from mild concussions to severe, long-lasting impairments affecting memory, concentration, and personality. Spinal cord injuries can result in chronic pain or paralysis, necessitating lifelong medical care.
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.