Questions We Are Asked Each Week By Clients...

We are often asked questions like how much should the insurance company pay?  How are my weekly benefits calculated?, etc.  So we have put together some of the questions we here the most and the answers to them.  We hope this helps you avoid making a mistake in your Iowa personal injury, car accident, dog bite, work injury or other injury matter.

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  • Is there a limit on how many procedures or surgeries workers’ compensation covers?

    There is a limit to the number of procedures or surgeries allowed under workers’ compensation coverage. But it is not a hard-and-fast number -- it varies by the injury and what doctors recommend. A statute of limitations exists for how long a person can receive treatment for a workers’ comp accident. For example, chiropractor visits may be covered until the victim heals to the degree that he or she can return to work, even if it is at a diminished capacity. Workers’ comp wouldn’t cover continual chiropractor sessions after this point. So what does workers’ comp cover? Read on for comprehensive information on workers’ compensation coverage.

    According to CityTownInfo.com, much of the Des Moines workforce performs manual labor, such as engine and other machine assembly, conveyor operation and tending, pipe laying, structural iron and steel working, structural metal fabricating and fitting, and bindery.

    Regardless of your labor sector, getting hurt on the job is always a possibility. If you or someone you love has been hurt on the job, you may be wondering what workers’ comp covers. One of your biggest fears may be whether the company will pay for multiple procedures or surgeries needed to restore your health after a work-related injury.

    Multiple Procedures or Surgeries and Workers’ Compensation

    Each state varies in terms of workers’ compensation laws, procedures and payments. However, Iowa is like any other state in that proof is the key to getting workers’ compensation to pay for surgeries or procedures needed after an on-the-job-injury. Your employer’s insurance company will have to prove the validity of your claim using physicians of their choosing.

    In fact, Iowaworkforce.org states that choosing your own doctor could affect the outcome of claims against your employer from on-the-job injuries. However, if a need for multiple surgeries or procedures is proven to the physician chosen by your employer’s insurance company, then workers’ compensation should pay for the procedure(s) in full. However, if your claim for multiple procedures or surgeries due to a work-related injury is denied, you may find yourself with limited hope and prospects for compensation.

    Denial of Claims Involving Multiple Procedures or Surgeries

    It is important to remember that not every claim you make to workers’ compensation will be accepted. Many people’s claims are denied. One Iowa woman shared her claim denial story with WorkersCompensationInsurance.com. A bitter battle with Iowa workers’ compensation and the woman’s employer has ensued over multiple surgeries needed on her arms due to Thoracic Outlet Syndrome.

    Thoracic Outlet Syndrome requires multiple surgeries that have to be done in a timely manner to avoid lifelong, debilitating side effects. Because the cost of the surgeries she needed exceeded $100,000, the woman believes that her employer’s insurance company denied her claim. She continues to be embroiled in a legal battle to get the surgeries she needs to regain mobility in her arms, which she cannot afford without the aid of workers’ compensation. There are many myths about workers’ compensation. Check with a workman’s comp attorney for the final word on your personal situation.

    Hope after a Denied Claim

    As the Iowa woman found out, combating a denied workers’ compensation claim for multiple surgeries or treatments can take much of your remaining strength. It can be an emotional and physical struggle to get the medical treatment you deserve for your on-the-job injuries.

    When injured Des Moines employees ask themselves, “What exactly does workers’ comp cover?” Walker, Billingsley and Bair answer.  When you feel like you cannot fight the battle against a denied workers’ compensation claim alone, reach for the trusted advice of legal counsel. Attorneys at Walker, Billingsley and Bair can help you feel as if there is someone in your corner, willing and able to get coverage for the multiple procedures or surgeries needed to increase your quality of life. Contact us via our website today.

  • Can I get workers’ compensation and Social Security disability benefits for my work injury?

    Many of Des Moines’ disabled citizens became disabled due to an on-the-job injury. If your disability has made it impossible to work, you may qualify for permanent workers’ compensation benefits or Social Security benefits. However, only one form of disability may not be enough to support your costly expenses. Although you may be entitled to both workers’ comp and disability insurance, you may not know how to go about getting them or when to file for workman’s comp in Iowa.

    Receiving Both Workers’ Comp and Disability Insurance

    You’ll be glad to know the Social Security Administration (SSA) reported that disability payments from private sources, such as private pension or insurance benefits, do not affect your Social Security disability benefits.

    These benefits are:

    • Veterans Administration benefits;
    • state and local government benefits, if Social Security taxes were deducted from your earnings; or
    • Supplemental Security Income (SSI).

    However, collecting workers’ comp and disability insurance at the same time may reduce your Social Security benefits.

    The SSA classifies workers’ compensation benefits as payments made to you because of a job-related injury or illness. If you already receive what the SSA classifies as workers’ compensation, your Social Security disability benefits may be affected. According to the SSA, “If you receive workers’ compensation or other public disability benefits and Social Security disability benefits, the total amount of these benefits cannot exceed 80 percent of your average current earnings before you became disabled.” Your average current earnings before becoming disabled are calculated by the SSA using various mathematical formulas.

    Calculating Workers’ Comp and Disability Insurance Benefits

    The SSA provides an example for calculating your worker’s comp and disability insurance benefits together. Imagine your average current earnings before becoming disabled was $4,000 per month. You, your spouse and your children would be eligible to receive $2,200 per month in Social Security disability benefits. However, if you also receive $2,000 per month from workers’ compensation, your family’s Social Security Benefits will be reduced by $1,000 per month because you would receive more than 80 percent of your average current earnings. 

    If there are changes to your workers’ compensation or other public benefits, let the SSA know and it will work with your to supplement the loss of income. For more information on the process of filing for Social Security disability benefits, visit the SSA website at www.socialsecurity.gov or call toll-free, 1-800-772-1213 (for the deaf or hard of hearing, call their TTY number: 1-800-325-0778).

    Filing for Workers’ Compensation and Social Security Disability Benefits

    Along with the pain you may be suffering, undergoing the filing and calculations processes for workers’ compensation benefits and Social Security Benefits can be daunting. Many disability advocate websites, like DisabilitySecrets.com and DisabilityAdvisor.com, suggest seeking the advice of trusted legal counsel to better understand the benefits to which you may be entitled.

    Although your workers’ compensation benefits may offset your Social Security disability benefits, they don't have to. Let the attorneys at Walker, Billingsley and Bair be your workers’ compensation and Social Security disability benefits activists: 641-792-3595.

  • Can a dog bite cause nerve damage?

    Can a dog bite cause nerve damage? A dog bite can cause nerve damage. A dog's powerful jaws can injure not only nerves, but also tendons, muscles and bones.

    Ways a Dog Bite Can Cause Nerve Damage

    Neuropraxia is the least serious type of nerve damage because it stretches nerves but doesn't severe them. It can occur from crushing injuries caused by the bite or when an attack results in a dislocation or fracture. Recovery can take anywhere from a few hours to several months.

    Axonotmesis is a serious injury that a dog bite can cause, damaging nerves and muscle and motor function. Recovery is much longer, from a few months to years.

    Neurotmesis is the most severe type of injury a dog bite – it occurs when the nerve is severed. If it's a clean cut, it's sometimes possible to repair the nerve. One type of procedure involves regenerating the nerves. Recovery will still take time because it's a slow process. But in many circumstances the damage is irreparable. When function doesn't return, it can cause abnormal sensations or movements.

    Signs of Nerve Damage after a Dog Bite

    Motor nerves control actions and movements. They do this by passing information from the spinal cord and brain to the muscles.

    Signs of motor nerve damage may include:

    • weakness;
    • paralysis;
    • fasciculation (twitching); and
    • muscle atrophy (muscle wasting).

    Sensory nerves affect sensation (such as pain). These nerves pass information from the muscles and skin to the brain and spinal cord.

    Signs of sensory nerve damage may include:

    • burning;
    • numbness;
    • pain;
    • prickling/tingling; and
    • difficulties with positional awareness.

    How Nerve Damage May Impact a Dog Bite Claim

    Nerve damage can occur to the face, hands or other body parts. It's possible that additional injuries occurred, such as fractures. Open wounds are at risk of infection, and a bite may cause disfigurement. These are all important considerations when determining the value of a dog bite claim.

    Dog owner liability depends on state laws, so it's important to understand how that may affect a claim. In Iowa, it's fairly easy to hold an owner liable for damages. The only exception that may apply is if the victim acted unlawfully, and it contributed to the injury. Breaking into someone's home and getting attacked by the family's dog would qualify as acting unlawfully. It is likely that the owner will not want to part with his or her dog after the attack, so familiarize yourself with the common challenges of a dog bite claim in Des Moines and how to address them.

    Recoverable damages include the medical costs to treat the injury. Nerve damage injuries may require surgery. If injuries are severe, cosmetic surgery may be needed to improve appearance.

    Lost earnings are another form of compensation that may be available in a dog bite claim. This applies to any missed time from work while healing and recovering. It may even include anticipated earnings if the attack leaves the person disabled.

    Nerve damage may allow for the recovery of damages such as pain and suffering, emotional distress, and reduced quality of life. Permanent scarring may allow for compensation for disfigurement. To better understand one's right to file a claim and the types of compensation to seek, contact a dog bite attorney at Walker, Billingsley and Bair. We handle dog bite cases -- just fill out our contact form for quick response.

  • How do I check workers' compensation claim status in Iowa?

    If you're pursuing a workers' compensation claim in Des Moines, the best way to check on your workers' comp status is to contact your attorney, who will communicate with the workers' compensation insurer and even your employer or the Iowa Division of Workers' Compensation. Alternatively, if you don't have an attorney handling your case, you could contact the workers' compensation insurance company handling the claim. You may even be able to contact the Iowa Division of Workers' Compensation at 1000 East Grand Avenue, Des Moines, Iowa 50319-0209. The phone numbers are 515-281-5387 or (800) JOB-IOWA.

    But keep in mind that it can take weeks or months to settle a workers' compensation case, particularly if there's a dispute over the worker's entitlement to benefits. Read on for more information about what might affect how long it takes to settle the case and what to do if you're having trouble getting updates on your workers' comp status.

    What might delay the workers' compensation settlement process?

    The short answer is disputes. If there's a dispute over whether your injury is work-related or the degree to which you're impaired, you may find yourself in a dispute with the workers' compensation insurer. This may require requesting an independent medical exam if you disagree with your impairment rating or exploring your options if you do not believe you are ready to return to work when your doctor – chosen by the insurance company – says you are able to do so.

    If you find yourself in such cases, your settlement may take longer. It may require appealing a denied workers' comp claim with the Workers' Compensation Commissioner or taking other steps to get the benefits to which you are entitled.

    What if my attorney won't provide me updates on my workers' comp status?

    Your attorney should maintain open communication regarding your case. If you can't get through to your attorney's office or if your attorney never provides you with updates on your case, you may consider looking elsewhere for representation. If you haven't yet hired an attorney or if you're looking for a new attorney, make sure you understand how the firm handles communication. Ask if you will receive regular updates via telephone, email, etc., and if you can call for updates.

    Do I need an attorney to help settle my workers' compensation case?

    You may need a lawyer familiar with workers' compensation law who can communicate with the workers' compensation insurer and ensure you get the benefits to which you're entitled. This may be necessary especially if you suffered serious injuries or if the insurance company is not offering a fair settlement offer or is trying to deny that your injury or condition is work-related.

    Talk to a lawyer at Walker, Billingsley & Bair at 888-435-9886 for a no-cost, confidential consultation. You also can contact us online to set up a consultation.

  • Do insurance investigators follow you in personal injury cases?

    In some cases, yes. An insurance company or other interested party may follow you and videotape you in the hopes of proving you are exaggerating or misrepresenting your injury. This is legal and the insurance investigator is loyal to the insurance company, not to you. This person’s job is to prove whether or not your claim is legitimate.

    What should I do if I suspect I am being followed?

    Most people become nervous when they suspect an insurance investigator is following them. However, the key is to be yourself. You know that your injury is legitimate, so make sure that you follow your doctor’s orders to the letter. If the doctor said no heavy lifting, leave the groceries and garbage bins for a family member.

    If you have been told to stay off your feet, keep your outside excursions to a minimum. It might be your nature to want to help around the house or play with the kids despite the pain and discomfort it causes, but don’t do anything you wouldn’t want the insurance company to see.

    Can an insurance investigator videotape me inside my home?

    An investigator may videotape your home if he stays on public property and you do not have a reasonable expectation of privacy. For example, if you’re standing in front of your living room window lifting weights with the blinds up, then it might not be reasonable to expect privacy.

    In that case, anybody walking by the house could see you. But if an investigator finds a small crack in the blinds and starts videotaping you in the home, this could be a violation of your privacy. Also, an investigator may not install cameras in your home.

    Will an investigator talk to my neighbors?

    If an investigator is suspicious, he may try to speak with your neighbors. He may ask questions about taking out the trash or doing yard work. It might be a good move to talk to your neighbors and let them know what is going on with the lawsuit so they do not misspeak. For example, a neighbor may go on about a gorgeous fence you built not realizing it was erected prior to your injury.

    What are some other methods of surveillance insurance companies use?

    One relatively new form of insurance surveillance is simply checking your social media accounts. If you’re posting photos on Facebook of you skiing, describing a recent workout on Twitter, or posting pictures to Instagram that show you running in a recent 5K race, the insurance company might use these photos to discredit your claim and injuries.

    Keep in mind that it may not be clear when pictures were taken and innocent comments may be misconstrued, so be very careful when using social media during your personal injury claim.

    If you have been injured and would like to know what type of compensation to which you may be entitled, call Walker, Billingsley & Bair at 888-435-9886 to discuss your case. The confidential consultation is free.

  • Can I file a motorcycle accident claim if I did not have a valid motorcycle license?

    If you were involved in a motorcycle accident in Des Moines and did not have a valid motorcycle license at the time, you may still file a motorcycle accident claim against the other driver. Not having a valid motorcycle license doesn’t necessarily have anything to do with fault in an accident and does not preclude you from filing a claim if the other driver caused the wreck.

    While you might face penalties for operating a motorcycle without a license, filing a motorcycle accident claim should follow the same procedure as filing any other accident liability claim.

    How do I establish that I’m not at fault?

    Thankfully, Iowa is a modified comparative fault state. According to Iowa’s modified comparative fault law, each driver involved in an accident may recover damages unless he or she is more than 51 percent responsible for the accident. So even if you were unlicensed, if your motorcycle accident claim establishes the other driver was mostly responsible for the accident, you can recover damages.

    Documentation of your motorcycle accident can help you prove fault, at the scene of the accident, you may have:

    • taken photographs;
    • collected witness testimony;
    • jotted down witness contact information;
    • made note of the other driver’s contact information; and/or
    • gotten the name of the driver’s insurance company.

    All of these items will come in handy when you file a claim against the other driver. Afterward, the first thing you must do when you are involved in a motorcycle accident is fill out an Iowa Accident Report if the accident resulted in death, personal injury, or total property damages of at least $1,500. If law enforcement investigated the accident, the report is not required. If you’re filling out the report, return it via mail to the Iowa Department of Transportation in Des Moines. Be sure to return the report within 72 hours.

    Once you have filled out an Iowa Accident Report and mailed the report to the Iowa Department of Transportation, you should file an accident claim. To file the claim, contact the other driver’s insurance company and report the accident. You may then present the evidence mentioned above to establish that the other driver is to blame for the accident.

    Will the insurance company blame me for the accident if I’m unlicensed?

    However, like filing any type of claim, filing a motorcycle accident claim can be a tedious task whether or not you had a valid license at the time of the accident. The insurer may try to argue that you were at fault for the accident and may attempt to convince you that not having a valid motorcycle license is indicative of your fault. Thus, you must present convincing evidence that you are less than 51 percent at fault and that the other driver is actually to blame.

    An attorney at Walker, Billingsley and Bair can provide you with legal counsel about filing a claim against the other driver involved in your motorcycle accident and can help you deal with insurance adjusters. Call us at 888-435-9886 to set up a consultation.

  • Can I file a dog bite lawsuit against a kennel or veterinary office if a dog at their facility attacked me?

    Any veterinary office or kennel may be liable in a dog bite lawsuit if a dog attacked a third party at their facility. Veterinarians and kennel owners often protect their businesses by purchasing liability insurance for these cases.

    However, just because a dog at a kennel or veterinary office attacked you does not mean the facility is automatically liable for injuries or damages. The vet’s or dog kennel’s negligence as well as Iowa dog bite laws play an important role in the outcome.

    Liability for a Dog Bite in a Vet’s Office or Dog Kennel

    The bite will not be the victim’s responsibility unless the victim did something to provoke the dog like pull its tail or otherwise torment it. Bite victims should explore Iowa dog bite laws and the circumstances of the bite to determine liability in a dog bite lawsuit for damages like medical bills or pain and suffering.

    For instance, imagine someone else’s dog bit you at a vet office while it was in the care of a veterinarian. The dog’s owner and the vet could potentially be liable. The dog was in the care of the vet so the vet might be liable for damages, but the owner should communicate the dog’s temperament if he or she knows the dog’s temperament is malicious.

    For example, if the owner of the dog that attacked a third party knew that the dog exhibited aggressive behavior before coming into the kennel or veterinary office, and the owner notified the kennel or veterinary office of the dog’s aggression, the victim may be able to prove that the kennel or veterinary office did not take precautions to protect its patrons from the dog.

    Further, according to Iowa Code 351, an owner is strictly liable if his or her dog bites a person. However, a dog owner may not be strictly liable if the dog has rabies and the owner did not know at the time of the bite. If the owner knew the dog had rabies and could have reasonably prevented the bite, then the owner could be liable.

    Discuss the Case with an Attorney Familiar with Des Moines Dog Bite Cases

    So talk to an attorney about liability in these cases to get a better idea about which party or parties may be liable if another person’s dog bit or attacked you while at a dog kennel or vet’s office. Much will depend on the details of the dog bite, including responsibility for the dog and whether the dog kennel or vet was negligent.

    Nevertheless, it may not be in your best interest to handle a dog bite lawsuit against a veterinary office or kennel without proper legal counsel like the attorneys at Walker, Billingsley and Bair. Filing a claim against a business like a vet’s office or a dog kennel can be a daunting task that requires legal knowledge.

    Set up your appointment today by calling 888-435-9886 or use our online contact form to set up your consultation.

  • Can I file a complaint against a vicious dog even if it has never bitten anyone?

    Yes, it's possible to file a dangerous dog complaint even if the dog hasn't bitten anyone yet. Des Moines follows a two-tier system for regulating vicious and dangerous dogs. If a dog is declared either vicious or dangerous, the city can take steps to protect the safety of its citizens.

    Vicious dogs are defined under Sec. 18-41 of the Des Moines, IA Municipal Code as a dog that meets one of the following conditions:

    • any dog which has attacked a human being or domestic animal without provocation; 
    • any dog with a tendency to attack, to cause injury or to endanger the safety of human beings or domestic animals;
    • any dog that snaps or bites;
    • any dog that has been trained for dog fighting or other animal fighting;
    • any dog trained to attack humans, upon command or spontaneously in response to human activities, except police dogs;
    • is one of the specified dog breeds: Staffordshire terrier, American pit bull terrier, or American Staffordshire terrier, or has the appearance of such a dog.

    Under this definition, dogs that growl, bark, become rigid or otherwise appear threatening can be labeled vicious. Also, if a dog harms a person in ways other than biting, like knocking them down or clawing at their face, it can be declared vicious by the city.

    Not every vicious dog is a hurtful dog, however. Perfectly docile pit bulls and Staffordshire terriers are preemptively labeled vicious by the city. Des Moines has decided in the law that these dogs have a predisposition to violence. If a dog is more violent, it can be labeled a dangerous dog.

    To be declared dangerous under Sec. 18-196 of the Des Moines, IA Municipal Code, the dog must:

    • bite or claw a person on two separate occasions within a 12-month period;
    • bite or claw once causing injuries above the shoulders;
    • could not be controlled or restrained by the owner at the time of the attack;
    • attack any domestic animal or fowl on three or more separate occasions; or
    • has killed any domestic animal while off of the owner's property.

    Many of these conditions require the dog to seriously attack a person or animal on more than one occasion. Some of them include the dog inflicting grave injuries, like ones to the head, face and neck. So if a dog did not attack, you cannot have it declared dangerous.

    How do I file the claim?

    Des Moines contracts with the Animal Rescue League (ARL) of Iowa to provide animal control and rescue services. To file the claim, call the ARL and describe the dog to them. They will investigate the claim and make a determination about the dog. The agency staffs three officers from 7:00 a.m. to 8:00 p.m. 7 days a week.

    To reach the ARL, you can call 515-243-4526 or 515-284-6905 during on-duty times. The emergency number for the agency is 515-283-4811 and can be reached 24 hours a day, seven days a week.

    What will happen to the dog?

    Vicious dogs are subject to regulations by the city including a separate license, $100,000 liability insurance policy requirement, and special rules that keep the animal confined in a house, structure or on a leash.

    Additionally, if the Chief Humane Officer doesn't believe in the reasonableness of the owner maintaining the dog, they can have the dog put down. Dangerous dogs are seized by the Chief Humane Officer after three days of the declaration and impounded for seven days or until seven days after an appeal upholds the declaration of the dog as dangerous. If the declaration is reversed on appeal, the owner will get the dog back.

    If you'd like to learn more about dog bites, download Walker, Billingsley & Bair's dog bite eBook. You can also call our office at 888-435-9886 to speak about a dog bite lawsuit.

  • Types of special motorcycle insurance coverage in Iowa?

    Iowa's financial responsibility requirement applies to motorcycles as well as motorists. The minimum requirements are $25,000 bodily injury liability insurance per person, $40,000 bodily injury liability per accident, and $15,000 property damage liability. Liability insurance covers damages that other motorists suffer for an accident the policyholder caused.

    Under the law, if a driver is in an accident or stopped by a police officer, they need to show proof of meeting the financial responsibility requirement, or the state may revoke the motorcyclist’s license.

    Also note that the auto insurance purchased for a car does not apply to a motorcycle. Each vehicle must have its own insurance.

    What insurance coverage can motorcyclists purchase?

    While required to carry liability insurance, there are other insurance policies motorcyclists may carry to protect themselves in the event of an accident. Check with the insurer if it offers a particular type of coverage for motorcycles.

    Some possible coverage options include:

    • Collision: This insurance covers damages for the policyholder in accidents with vehicles, objects or for rollovers/falls. Regardless of fault, policyholders will have money to repair or replace the bike after the accident.
    • Comprehensive: Comprehensive covers damage from fire, weather events, vandalism, floods, theft and animal damage to the bike.
    • Medical expense: This covers medical expenses for the policyholder regardless of fault in the accident, up to the policy limits.
    • Uninsured/underinsured motorists insurance (UM/UIM): This insurance covers you in the event you're in an accident with someone without insurance, if you exceed the at-fault driver's liability limits, or if the at-fault driver flees the scene.

    Some motorcyclists customize their bikes, so they may wish to purchase additional coverage for these accessories. Accessory or optional equipment coverage is for modifications and enhancements to the appearance or performance of a motorcycle. In the event of an accident, the coverage will allow the policyholder to recover the expenses he or she incurred customizing the bike.

    How do I file a motorcycle insurance claim?

    After any accident, you should save the:

    • accident report;
    • witness contact information;
    • other motorist's contact and insurance information;
    • photographs of the accident scene; and
    • photos of the bike.

    Let your insurance company know about the accident. Tell them who was involved and the basics of what happened. If another motorist is at fault and you’ll be filing a liability claim with his or her liability coverage, let that motorist’s insurance company know about the accident too.

    If you’re unable to recover fair compensation from the other driver’s insurance, you may have to file a lawsuit. Keep in mind you may be able to recover damages via your own insurance policy, provided you have applicable coverage like collision coverage or medical expense coverage.

    If you have more questions about motorcycle accident insurance claims and lawsuits, read Walker, Billingsley & Bair's guide to motorcycle accidents. We have years of experience dealing with these cases and can answer your questions and provide legal representation.

  • If I was not wearing a helmet and suffered severe head injuries in a motorcycle accident, can I still file a claim?

    While many motorcyclists in Des Moines like to ride without a helmet – which is their legal right – it can contribute to devastating injuries in the event of an accident. According to a 2012 factsheet provided by the Governor’s Traffic Safety Bureau, over the past five years, 83 percent of all individuals killed while riding motorcycles in the state were not wearing helmets.

    For those who survive a motorcycle crash in Iowa while not wearing helmets, there may be large monetary costs associated with the physical rehabilitation and medical treatments for head and spine injuries. In that case, the injured should speak with an attorney who is familiar with how helmet laws and helmet use might affect a claim for compensation.

    Iowa Motorcycle Helmet Laws

    Iowa does not have any law in place that requires motorcyclists to ride with helmets. Although this has led to debates over whether or not more lives could be saved if a law was in place, it does mean that riders who were not wearing a helmet at the time of an accident were not breaking the law. That said, because of the comparative negligence laws in the state, failure to use a motorcycle helmet may affect an injured biker's recovery of damages in some cases.

    Comparative Negligence in Iowa

    The state also uses a system of comparative negligence when examining liability in a car accident. This ultimately means that a party injured in a motorcycle or car accident may be awarded a percentage of damages minus the share of the blame they are assessed. If the rider is more than 50 percent at fault for an accident and injuries, however, the injured rider will not be eligible to recover any compensation at all.

    In the case of a motorcycle accident claim, if the injured party suffered head and/or spine injuries in a wreck but was not wearing a helmet at the time, the rider may be deemed partially at fault for neglecting to wear a helmet to protect his or her head and neck. Thus, the injured motorcyclist may not recover the full amount of damages.

    Of course, if the rider broke his or her leg and suffered no head injuries, then helmet use would not be a factor in the case and would not affect recovery of damages.

    Contact an Attorney for Help after a Des Moines Wreck

    Because the laws regarding motorcycle helmets and fault in motorcycle accidents can be difficult to navigate, it is important to speak to an accident attorney if you have suffered head injuries and were not wearing a motorcycle helmet. The attorneys at Walker, Billingsley & Bair can help you understand the laws that pertain to your case and compile the evidence you need for your accident claim. Feel free to contact us today at 888-435-9886 to set up an initial consultation. You also can contact us online.