Prairie City Motorcycle Accident Injury Attorneys

When accidents happen, motorcycle injury lawyers act as unwavering champions for riders. Their expertise in motorcycle accidents allows them to handle legal challenges and secure justice and compensation for the injured.

How Helmet Use May Affect a Motorcycle Accident Claim in Iowa

Iowa is one of three states in the nation that has no motorcycle helmet law. Despite this, motorcyclists who do not wear a helmet and suffer a head injury in a motorcycle crash may be held partially liable for their injuries. This article explores how helmet use can impact a motorcycle accident claim in Iowa, the state's insurance requirements, and the alarming statistics related to motorcycle fatalities in the state.

Accident Scenarios Where Helmet Use May Affect Liability

The relevance of helmet use in determining liability depends on the nature of the injuries sustained. If a motorcyclist suffers a head or brain injury that could have been prevented by wearing a helmet, they may be considered partially negligent. Conversely, if the injury is unrelated to the head or brain, such as a lower body injury, helmet use would not be a factor in liability.

Wearing a helmet can demonstrate caution and care, potentially strengthening a motorcyclist’s claim. However, not wearing a helmet can be seen as a negligent act, as it is widely known that helmets prevent traumatic brain and head injuries.

Comparative Fault Laws in Iowa

In Iowa, a negligent act is one that fails to exercise the proper degree of care, even if it is not illegal. The defense may argue that a reasonable person would wear a helmet while riding a motorcycle. If found partially negligent for not wearing a helmet, the damages a motorcyclist can recover will be reduced in proportion to their fault under Iowa’s comparative fault laws.

To maximize recovery, it is crucial to prove the fault of the other party and demonstrate that the injuries would have occurred regardless of helmet use or would have been worse without it.

Proving the Negligence of the Other Driver

Negligence is a key component of a motorcycle accident claim. To establish the other driver’s negligence, the following types of evidence can be used:
- Police reports
- Lab tests (for intoxication)
- Witness testimony
- Photo and video evidence
- Physical evidence

It is essential to collect this evidence promptly and seek medical attention immediately after an accident. Consulting with a motorcycle accident attorney can also help in building a strong case.

Types of Special Motorcycle Insurance Coverage in Iowa

Iowa’s financial responsibility requirement applies to motorcycles as well as cars. The minimum requirements are $25,000 bodily injury liability per person, $40,000 per accident, and $15,000 property damage liability. Each motorcycle must have its own insurance, separate from auto insurance for cars.

Additional Coverage Options

Motorcyclists can purchase additional coverage to protect themselves:
- Collision Insurance: Covers damages in accidents, regardless of fault.
- Comprehensive Insurance: Covers non-collision-related damage such as fire, weather events, and theft.
- Medical Expense Insurance: Covers medical expenses regardless of fault.
- Uninsured/Underinsured Motorist Insurance (UM/UIM): Covers accidents involving drivers without insurance or with insufficient coverage.

Custom motorcycle parts may require accessory coverage to ensure modifications are protected.

Filing a Motorcycle Insurance Claim

After an accident, gather the following:
- Accident report
- Witness contact information
- Other motorist's contact and insurance information
- Photographs of the scene and bike

Notify your insurance company and the at-fault driver’s insurance company if applicable. If fair compensation is not obtained, filing a lawsuit may be necessary.

Iowa’s High Motorcycle Death Rate

Motorcycles represent only 0.3% of registered vehicles in Iowa but account for 16.7% of road fatalities. In 2023, there were 378 motor vehicle fatalities, with 63 involving motorcycles. Motorcyclists are 55 times more likely than other drivers to be killed in a crash. As of May 2, 2024, there have already been 11 motorcycle fatalities in the state.

Helmet Use and Safety

Iowa does not require motorcycle helmets, and during the brief period when it did (September 1975 to July 1976), motorcycle deaths dropped by 40%. While some argue that helmets reduce visibility and hearing, the decision to wear one is ultimately up to the rider. Training, situational awareness, and visibility enhancements (e.g., safety vests, headlights) can also reduce risks.

Steps to Take After a Motorcycle Crash

If involved in a motorcycle crash, especially one caused by another driver, it is crucial to:
- Seek immediate medical care
- Document all injuries and medical treatments
- Keep copies of all medical records and accident reports
- Be honest about injuries with medical providers
- Avoid giving recorded statements to insurance adjusters without legal advice

Tips for Dealing with Insurance Adjusters

Insurance adjusters aim to minimize payouts. Avoid rushing into settlements and consider consulting an experienced Iowa injury attorney to ensure fair compensation.

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.