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Head and neck trauma often happens in motorcycle crashes due to the intense impact involved in any collision and the minimal protection surrounding the neck area. In fact, even when you wear a helmet to help shield your brain from penetrating injuries, the helmet’s added weight can potentially worsen strain and damage to the neck.
The average human head typically weighs about 5 to 11 pounds, and placing an extra 3 to 4 pounds on top of it can increase pressure, leading to greater force on the neck and potential injury. Common neck injuries include herniated discs, torn muscles and ligaments, fractured vertebrae, and strains or sprains.
As with many things in life, choosing to wear a helmet involves certain compromises. Iowa is one of just three states, along with Illinois and New Hampshire, that do not mandate motorcycle riders wear helmets, so the decision rests with you. We are not taking a position for or against helmet use, since it’s your personal choice, but you should understand the potential Benefits and Risks of wearing one, including:
Risks of Wearing A Helmet:
- Wearing a helmet can narrow what you’re able to see to the sides, often called peripheral vision, because it restricts your overall field of view. How much your vision is reduced depends on the helmet design, so be sure to test several helmets and choose one that fits properly while still offering the widest, clearest visibility.
- Full face helmets make it difficult to communicate with others if you are not using a radio system inside your helmet.
- Helmets can get very hot, but most newer models have built-in ventilation that helps prevent overheating.
- Helmets add extra weight to your head, and in certain crashes, they can worsen neck injuries by increasing the force on your neck due to that added mass.
- If it is cold or humid, the inside of your visor can fog up, making it very difficult to see. There are ventilation systems and anti-fog visors that can prevent fog.
Benefits of Wearing A Helmet:
- Statistically, studies show that wearing a helmet can reduce the risk of a head injury (such as a brain injury or concussion) by up to 69% and reduce the risk of death by around 40%.
- Helmets are designed to protect the rider from TBIs (traumatic brain injuries) by providing protection from penetrating traumas and by absorbing and distributing the force of an impact in a crash.
- Full face enclosure helmets reduce the risk of facial fractures, teeth injuries, jaw fractures, and eye injuries.
- Helmets with visors do protect from the elements like sun, wind, rain, insects, and other road debris that can injure a rider.
- Some riders believe that wearing a helmet allows them to focus better while driving, as it reduces wind noise.
Types of Head Injuries in Motorcycle Accidents
Although the law doesn’t mandate wearing a helmet, you should still be aware of the frequent head injuries that can occur when you choose to ride without one.
There are a number of different types of head injuries motorcyclists could suffer, a relatively simple concussion that improves after a couple of days or could end up in a coma with a traumatic brain injury. Many head injuries from a motorcycle accident are traumatic brain injuries in which the brain is violently moved around within the skull. Others are penetrating injuries, in which an object is embedded in the brain tissue.
Intracranial hemorrhaging may also occur when blood from the trauma pools in the brain and puts pressure on brain tissue, restricting blood flow. All of these conditions can be fatal if proper treatment is not administered immediately. Motorcycle accident victims require immediate care, and those who suffer serious injuries require long-term care and rehabilitation.
What are the long-term consequences of motorcycle head injuries?
Like any type of severe head trauma, the consequences of a motorcycle accident head injury can be long-term and life-altering. Victims of a brain injury may experience:
- communication problems;
- cognitive limitations;
- trouble with mobility and balance;
- fine motor skill limitations;
- hearing and vision problems;
- lost feeling in parts of the body;
- emotional and mental health problems, like depression and anxiety.
The effects will vary greatly from one patient to the next, depending on several factors. The type of head injury and severity of damage can determine the short- and long-term effects of the head injury.
Comparative Negligence in Iowa
Iowa 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.
Tips To Protect Your Motorcycle Claim
Collision Site
If you have been injured, then remain at the site of the collision, call 911, and get treatment by the ambulance and emergency personnel. The impact forces in a motorcycle crash can be severe, and even if you feel fine at first, you may discover later that you’re actually severely injured. This is why you should refrain from getting up and moving around immediately after your crash
Investigating Officer
You will probably be questioned by the police officers investigating the scene about what occurred. Keep in mind that staying as calm as possible is important because showing anger toward the other driver in front of the officer is unlikely to improve the situation. To the best of your ability, explain what you recall, including what evasive steps, if any, you took to try to prevent the crash.
Insurance Adjuster
The insurance adjuster for the other driver will likely call you and ask for a “recorded statement”. This is seldom a good idea because insurance adjusters are trained to ask you questions that later could be used against you and damage your case.
The best policy is usually to direct the insurance adjuster to the police report, and if they have other questions, you could provide a non-recorded statement or hire an attorney to speak with the adjuster.
Settlement
Some insurance companies, like Progressive, will call you constantly and try to pressure you into settling your case. This is a bad idea for several reasons.
First of all, you should not even consider settling your case until you are done treating and know the extent of your injuries. Secondly, if the other driver does not have enough insurance coverage (Iowa only requires $20,000 for injury matters), you do not want to eliminate any claims that you may have under your own motorcycle insurance policy for UIM (underinsured motorist) insurance coverage.
There are specific legal requirements if the other driver does not have enough insurance, and you need to submit a UIM claim. Also, who is going to pay back your health insurance for what is called subrogation, along with several other issues?
Medical Care and Treatment
If you are still having pain and problems, it is important that you go see your doctors and tell the nurse, the doctor, and anyone else you see all the pain and problems that you are currently having.
We suggest bringing a list with you so you do not forget to mention one of your injuries; this way, your injuries will be documented in your medical records. Listen to and follow your doctor's instructions and follow through with what they tell you.
If they say to go to physical therapy 3 times each week and you only go twice, this not only looks bad in your case, but you are not getting the treatment that the doctor wants you to have.
If your doctor decides that they do not have anything else to offer you, then request that you be referred to a specialist for further evaluation and possible treatment. No one wants to have surgery, but no one also wants to live the rest of their life in pain.
Talk to an Attorney at Walker, Billingsley & Bair in Iowa
What may seem straightforward at first can get complicated quickly. If you or a loved one has been injured in a motorcycle accident, then we offer to you at no cost or risk a motorcycle accident evaluation.
One of our qualified Iowa motorcycle accident attorneys will take the time to answer your questions and tell you if you even need an attorney in your case. Just call 641-792-3595 for your evaluation today.
If you do not want to call an attorney yet but want to learn more, then Claim Your Copy of our Iowa Motorcycle Accident book at www.MotorcycleAccidentBook.com, which reveals 9 secrets to keep your case on 2 wheels. We offer our book to you at no cost, risk, or obligation because we have seen too many riders make common costly mistakes which could have been easily avoided if they had the right information.
