Red Oak Motorcycle Accident Injury Attorneys

When tragedy occurs, motorcycle injury attorneys act as steadfast defenders for riders. Their expertise in motorcycle accident cases allows them to navigate legal complexities and ensure justice and compensation for the injured.

Filing a Claim for Motorcycle Accident Injuries in Iowa

If you were involved in a motorcycle accident in Iowa and suffered severe head injuries while not wearing a helmet, you might wonder if you can still file a claim. The answer is yes, but understanding Iowa’s laws and the factors affecting your case is crucial to pursuing compensation effectively.

Iowa Motorcycle Helmet Laws and Their Impact

No Helmet Requirement

Iowa does not mandate motorcycle riders to wear helmets. While this legal freedom allows riders to choose, it also comes with significant risks. According to a 2012 factsheet by the Governor’s Traffic Safety Bureau, 83 percent of motorcyclists killed in the past five years were not wearing helmets. Despite the legal right to ride without a helmet, doing so can lead to severe injuries and complex legal scenarios if an accident occurs.

Comparative Negligence

Iowa follows a comparative negligence system in determining fault in accidents. This system means that an injured party can recover damages reduced by their percentage of fault, provided they are not more than 50 percent at fault. If you were not wearing a helmet and sustained head injuries, the insurance company or court might argue that you share some responsibility for the extent of your injuries.

For instance, if you were found to be 20 percent at fault for not wearing a helmet, and your damages totaled $100,000, your compensation would be reduced to $80,000. However, if you suffer injuries unrelated to helmet use, such as a broken leg, helmet use would not impact your compensation.

Why Iowa’s Motorcycle Death Rate is High

Motorcycle fatalities in Iowa are alarmingly high compared to the national average. Motorcycles account for only 0.3 percent of all registered vehicles in Iowa but represent 16.7 percent of roadway fatalities. In 2023 alone, 63 out of 378 motor vehicle fatalities involved motorcycles.

Helmet Use

Helmet use can significantly reduce fatalities. During the brief period from September 1975 to July 1976 when Iowa had a helmet law, motorcycle deaths dropped by 40 percent. While Iowa currently does not mandate helmet use, wearing one is a critical safety measure that can prevent severe injuries and fatalities.

Training and Safety Measures

Training and situational awareness are crucial for motorcycle safety. Basic and advanced training courses can help riders learn essential skills and strategies to avoid accidents. Additionally, measures like wearing brightly colored safety vests, always having headlights on, and using flags can increase visibility and reduce the risk of accidents.

Steps to Take After a Motorcycle Accident

Immediate Actions

- Seek Medical Attention: Ensure you receive immediate medical care and document all injuries.
- Keep Records: Maintain copies of all medical records, work excuses, and accident reports. Document your symptoms and their impact on your daily life.
- Report the Accident: File a police report and notify your insurance company.

Dealing with Insurance Companies

Insurance adjusters aim to minimize the payout. Be cautious when giving recorded statements, as these can be used against you. Consult an attorney before agreeing to any settlements, especially if you have serious injuries.

Long-Term Considerations.

Consider all potential damages when filing a claim, including:
- Economic Damages: Medical expenses, lost income, and future medical costs.
- Noneconomic Damages: Pain and suffering, mental anguish, and reduced quality of life.

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.