- West Branch Motorcycle Accident Injury Attorneys
- Phone: 641-792-3595
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When tragedy strikes, motorcycle injury attorneys act as dedicated supporters for riders. With a focus on motorcycle accidents, they navigate legal challenges to ensure justice and compensation for injured riders.
Motorcycle accidents can be traumatic, leading to a range of injuries from soft tissue damage to severe head and spinal cord injuries. Beyond the physical harm, victims often face significant emotional trauma, which is a crucial aspect to consider when pursuing a liability claim or lawsuit against a negligent driver in Iowa.
Post-Traumatic Stress Disorder (PTSD) After a Motorcycle Accident
Post-traumatic stress disorder (PTSD) is a common condition that can develop following a traumatic event like a motorcycle accident. Initially associated with soldiers exposed to combat, PTSD can affect anyone who has experienced a severe trauma. According to the National Institutes of Mental Health (NIMH), PTSD symptoms fall into three categories:
1. Re-experiencing: Flashbacks, nightmares, and intrusive thoughts about the incident.
2. Avoidance: Evading certain activities or places, emotional numbness, feelings of guilt and depression, and difficulty remembering aspects of the event.
3. Hyperarousal: Being easily startled, feeling edgy, having trouble sleeping, and experiencing episodes of intense anger.
Head Injuries and Depression
Head injuries are a significant concern for motorcyclists. While many states have implemented motorcycle helmet laws, Iowa has repealed its helmet requirement. Head injuries, including traumatic brain injury (TBI), can lead to severe consequences like major depressive disorder. Research indicates a strong link between TBI and depression, with studies showing that a substantial number of TBI survivors develop major depressive disorder within a year of their injury. Chronic stress related to the recovery process can exacerbate post-TBI depression.
Emotional Trauma in Personal Injury Cases
When filing a motorcycle accident claim, it’s essential to account for both physical injuries and emotional trauma. Emotional trauma can be included in the damages awarded and may cover:
- Mental health assessments
- Counseling
- Treatment
- Mental anguish
However, failure to wear a helmet might impact the settlement if you suffer head injuries. Insurance companies may argue that helmet use could have prevented or lessened the severity of the injury, potentially reducing the compensation awarded for emotional and noneconomic damages.
Motorcycle Safety Equipment Innovations
While helmets, gloves, boots, and eye protection are standard safety gear, some advanced equipment might surprise you with its potential to enhance rider safety:
Motorcycle Airbag Jackets
Motorcycle airbag jackets are designed to protect riders in the event of a crash. These jackets have built-in airbags that inflate upon impact, offering additional protection for the upper body. Some jackets require a cable connected to the bike, which triggers the airbag upon separation. Others use sensors to detect loss of control, inflating within milliseconds to cushion the rider.
Motorcycle Smart Helmets
Smart helmets integrate technology to reduce distractions and enhance safety. These helmets feature Bluetooth connectivity, GPS, and other smart features, allowing riders to access essential information without using handheld devices. They can provide navigation alerts, display maps on the visor, and warn about upcoming road hazards.
Helmet Use and Legal Implications in Iowa
Iowa’s lack of a helmet law does not absolve riders from responsibility if they suffer head injuries in an accident. Not wearing a helmet may be deemed an act of negligence, affecting liability and the damages recoverable in a personal injury claim.
Accident Scenarios and Helmet Use
Helmet use is primarily relevant in cases involving head or brain injuries. If a rider sustains a head injury without wearing a helmet, they may be considered partially negligent. Conversely, wearing a helmet can demonstrate a rider’s commitment to safety, potentially bolstering their case.
Comparative Fault Laws in Iowa
Iowa operates under comparative fault laws, meaning the damages awarded are reduced by the rider’s percentage of fault. If not wearing a helmet is deemed negligent, the compensation for head injuries may be diminished accordingly. Proving the other party’s negligence is crucial in such cases to maximize recovery.
Proving Negligence in Motorcycle Accidents
Establishing the other driver's negligence is essential in a motorcycle accident claim. Evidence can include:
- Police reports
- Lab tests (e.g., blood alcohol levels)
- Witness testimony
- Photographs and videos
- Physical evidence from the crash scene
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.