Polk City Motorcycle Accident Injury Attorneys

In times of disaster, motorcycle injury lawyers become resolute defenders for riders. Their expertise in motorcycle accident cases allows them to navigate legal challenges and secure justice and compensation for the injured.

Understanding Motorcycle Accident Claims and Safety in Iowa

Helmet Use and Liability in Motorcycle Accidents

Iowa is one of three states in the nation that does not require motorcyclists to wear helmets. Despite this, motorcyclists who choose not to wear helmets and subsequently suffer head injuries in a crash may be held partially liable for their injuries. Wearing a helmet is a well-known preventive measure against traumatic brain injuries. Therefore, not wearing a helmet can be considered an act of negligence.

Impact on Liability

Helmet use impacts liability particularly in cases involving head or brain injuries. For example, if a motorcyclist suffers a leg injury, helmet use is irrelevant as the injury would have occurred regardless. However, if the injury is a head injury that could have been mitigated by wearing a helmet, the motorcyclist might be seen as partially negligent.

Conversely, wearing a helmet can demonstrate that the motorcyclist was exercising caution. Although there is no legal requirement to wear a helmet, the defense may argue that a reasonable person would have worn one, thereby suggesting that the motorcyclist did not exercise proper care.

Comparative Fault Laws

Iowa’s comparative fault laws state that if a motorcyclist is found partially negligent due to not wearing a helmet, the damages recoverable will be reduced proportionally. It is crucial to prove that the injuries were solely due to the other party's negligence or that the severity of the injuries would have been the same even with helmet use.

Proving Negligence

To establish the other party's negligence, evidence such as police reports, lab tests (e.g., for intoxication), witness testimony, photo and video evidence, and physical evidence must be collected. Immediate medical attention and legal representation are crucial to ensure a strong case.

Seeking Medical Treatment After a Minor Motorcycle Accident

Even after a minor motorcycle accident, it is essential to seek medical treatment. Injuries may not be immediately apparent due to adrenaline masking pain or symptoms developing later. Conditions like internal bleeding, concussions, or hairline fractures can be serious if untreated. Medical evaluations, including x-rays, CT scans, or MRIs, can detect hidden injuries and prevent long-term damage.

Pain may also emerge hours or days after an accident. Preemptive medical advice can help manage delayed pain effectively. Seeking immediate medical care and following doctors' instructions are crucial steps in the recovery process. Additionally, medical records provide essential evidence for any potential legal claims.

Dealing with Aggressive Drivers

Motorcyclists often face aggressive drivers, which can lead to dangerous situations. Knowing how to handle such drivers is vital for safety.

Road Rage

Avoid engaging with drivers exhibiting road rage, such as yelling, obscene gestures, tailgating, or speeding. Responding to road rage can escalate the situation and increase danger. Instead, maintain a safe distance and stay calm.

Tailgating

Tailgating is a common aggressive driving behavior. Instead of slowing down, which can provoke the tailgater, change lanes to let them pass. This reduces the risk of an accident.

General Safety Tips

In addition to handling aggressive drivers, motorcyclists should always prioritize safety by wearing helmets, carrying a safety kit, and following road safety guidelines.

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.