Belle Plaine Motorcycle Accident Injury Attorneys

Motorcyclists in Belle Plaine face a unique level of vulnerability on the road, and a serious crash can bring physical injuries, emotional trauma, and confusing legal questions all at once. Walker, Billingsley & Bair has put together this guide covering how Iowa's helmet laws may affect a claim, how emotional trauma factors into a motorcycle accident case, and what legal options are available for recovering damages after a wreck.

How Helmet Use May Affect a Motorcycle Accident Claim

Iowa is one of three states in the nation with no motorcycle helmet law. Even so, a motorcyclist in Belle Plaine who was not wearing a helmet and suffers a head injury in a crash may be held partially liable for those injuries. It is well established that wearing a helmet can prevent traumatic brain and head injuries in an accident, so choosing not to wear one may be considered an act of negligence in certain situations.

When Helmet Use Becomes Relevant

Helmet use will not be a relevant factor in every accident. It generally only matters when the injury sustained is a head or brain injury. For example, if a rider suffered a lower body injury in a crash, the fact that they were not wearing a helmet would be irrelevant, since that injury would have happened regardless. On the other hand, if the injury was a head or brain injury that could have been prevented by a helmet, the rider may be considered partially negligent. Wearing a helmet at the time of a crash, by contrast, can help show that a rider was exercising caution even without a legal requirement to do so.

Comparative Fault in Iowa

A negligent act fails to exercise the proper degree of care and is not necessarily something illegal. While there is no legal requirement to wear a helmet in Iowa, a defense may argue that a reasonable person would have worn one, and that failing to do so fell short of a proper degree of care. Under Iowa's comparative fault laws, damages a rider can recover are diminished in proportion to the degree of fault attributed to them. Because of this, it becomes important to prove the fault of the other driver and to show that an injury would have occurred regardless of helmet use, or that the injury would have been worse without a helmet.

Proving the Other Driver's Negligence

Negligence is the central component of a motorcycle accident claim. If an accident would not have happened but for the other driver's negligence, evidence needs to be collected to prove it. Useful evidence can include:

Since the other driver will likely be trying to prove the rider's own negligence as well, it is wise to seek medical attention even after a seemingly minor motorcycle accident and to secure legal representation soon afterward.

Emotional Trauma After a Motorcycle Accident

Motorcyclists face a wide range of possible injuries in a crash, from soft tissue injuries and fractures to spinal cord and head injuries. In more severe cases, riders in Belle Plaine may experience emotional trauma in addition to their physical injuries, and Iowa motorcyclists pursuing a liability claim can factor this emotional distress into their case.

Post-Traumatic Stress Disorder

Post-traumatic stress disorder, or PTSD, may develop following a traumatic event like a motorcycle accident. According to the National Institutes of Mental Health, PTSD symptoms generally fall into three categories:

Head Injuries and Depression

Head injuries are a major concern for motorcyclists, which is part of why safety and advocacy groups recommend helmet use for all riders and passengers even in states without a legal requirement. Researchers have studied the connection between traumatic brain injury and depression. One study published in the Archives of General Psychiatry found that a significant share of participants developed major depressive disorder within the first year after a traumatic brain injury, concluding that major depressive disorder is a frequent complication of these injuries. Another study published in the Journal of Nursing Scholarship found that chronic stress was significantly related to depression following traumatic brain injury, stress that may stem from the recovery process and other factors after a serious injury.

Including Emotional Trauma in a Claim

A motorcycle accident claim can account for medical expenses tied to physical injuries such as head injuries and spinal cord injuries, and it may also account for emotional trauma. Damages that may be included for emotional trauma include:

It is worth keeping in mind that failing to wear a helmet might reduce a settlement if a rider suffered head injuries, since an insurance company or defendant may argue that helmet use could have prevented or reduced the severity of the injury. Discussing helmet use with an attorney can help clarify how it might factor into a claim, including whether it has any bearing on emotional or noneconomic damages.

Legal Options After a Motorcycle Accident

A motorcycle accident can cause serious injury, especially given how vulnerable motorcyclists are compared to other motorists. Victims and their families in Belle Plaine can face physical, emotional, and financial consequences all at once. Injuries from a motorcycle wreck can include broken bones, burns, internal bleeding, head injuries, and spinal cord injuries.

Recovering Damages From the At Fault Driver

Minimum auto liability insurance requirements in Iowa are $20,000 per person and $40,000 per accident in bodily injury liability, along with $15,000 per accident in property damage liability. A motorcyclist injured by another driver can file a claim with that driver's liability insurance, but must establish that the driver was negligent, that the negligence led to the accident, and that the rider was injured and suffered damages as a result.

If the at fault driver is uninsured, or their insurance does not cover all of the damages, the injured motorcyclist can file a claim under their own uninsured and underinsured motorist coverage, if that coverage is part of their policy. In some cases, an insurance company will fail to offer a fair settlement or will deny a claim outright, which may make a personal injury lawsuit necessary to recover damages.

Types of Compensation Available

The types of damages sought in a motorcycle accident claim or lawsuit depend on the rider's losses and expenses. Damages that might be pursued include:

What If You Weren't Wearing a Helmet, or You Were Partly at Fault?

Iowa does not require motorcyclists to wear a helmet, so a rider without one has not broken any law. However, Iowa follows a modified comparative fault system, meaning partial negligence can reduce the compensation a rider recovers. If a rider is found to be more than 50 percent at fault for an accident, they cannot recover damages under Iowa law. If a rider is 50 percent at fault or less, they may still recover damages, though the amount will be reduced in proportion to their share of fault.

Helmet use specifically could impact this comparative negligence calculation. A rider who was not wearing a helmet and suffered a head injury could be found comparatively negligent for that portion of the harm. However, if a rider without a helmet suffered an injury unrelated to the head, such as an arm injury, helmet use generally would not factor into that injury or affect comparative negligence for it.