- Belmond Motorcycle Accident Injury Attorneys
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Types of Motorcycle Head Injuries
Motorcyclists involved in an accident near Belmond may suffer anything from a relatively simple concussion that improves after a couple of days to a coma resulting from a severe traumatic brain injury. Many head injuries in motorcycle accidents are traumatic brain injuries in which the brain violently moves around inside the skull. Others are penetrating injuries, where an object becomes embedded in brain tissue. Intracranial hemorrhaging can also occur when blood from the trauma pools in the brain, putting pressure on brain tissue and restricting blood flow. All of these conditions can be fatal without immediate treatment, and victims with serious injuries often require long-term care and rehabilitation, creating extensive medical bills that may be pursued in an injury claim against the at-fault driver.
Long-Term Consequences of a Motorcycle Head Injury
Victims of a brain injury from a motorcycle accident near Belmond 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, such as depression and anxiety
The effects vary greatly from one person to another, depending on the type of head injury and the severity of the damage.
How Helmet Use May Affect a Motorcycle Accident Claim
Iowa is one of only a handful of states with no motorcycle helmet law. Even though a rider is within their legal right not to wear one, choosing not to wear a helmet and suffering a head injury in a crash can lead to an argument that the rider was partially liable for their own injuries.
When Helmet Use Becomes Relevant to Liability
Helmet use is not relevant to every type of injury. If a Belmond rider suffered a leg injury in a motorcycle accident, whether a helmet was worn would have no bearing on that injury or the resulting claim. However, if the injury involves the head or brain, and could have been prevented or lessened by wearing a helmet, a defendant may argue that the decision not to wear one contributed to the injury. On the other hand, wearing a helmet at the time of a crash can help demonstrate that a rider was exercising caution, even without a legal requirement to do so.
Comparative Fault and Helmet Use
A negligent act is one that fails to exercise a proper degree of care, and it does not need to be illegal to count as negligence. Even though 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 not doing so means a rider failed to exercise proper care. If a rider is found partially negligent because of a lack of helmet use, Iowa's comparative fault laws reduce the damages that can be recovered in proportion to that share of fault. Because of this, proving the other driver's negligence, and countering any argument that a lack of helmet use worsened the injury, becomes especially important.
Evidence That Helps Prove the Other Driver's Negligence
Negligence is the most important component of a Belmond motorcycle accident claim. Useful evidence can include police reports, lab tests if the other driver was impaired, witness testimony, photo evidence, video evidence, and other physical evidence from the scene. Because the other driver will often try to prove the rider's own negligence as well, seeking medical attention right away, even after a seemingly minor accident, and securing legal representation promptly can make a real difference.
What If Your Injuries Don't Appear Right Away?
Whether hurt in a motorcycle accident or another type of personal injury near Belmond, it is common for pain not to appear until later the same day or even the next day. Regardless of when the pain begins, medical care and treatment should be sought immediately.
Why Symptoms Might Not Show Up Immediately
After an accident, adrenaline often spikes, and hormones like cortisol can be released, which can temporarily mask pain. Much like muscle soreness after a hard workout does not show up until the next day, injury pain can behave the same way. What matters most is that once pain begins, medical care is sought promptly, both to document the injury and to begin the healing process.
What If You Waited to Seek Care?
Waiting more than a week to seek medical care after an accident is not necessarily too late, but it can raise a red flag for the insurance adjuster reviewing the claim. Being upfront with a doctor about exactly when pain started, and why care was not sought immediately, is important for maintaining credibility. Failing to seek care at all, however, can seriously damage a claim.
When New Symptoms Develop Later
Sometimes an initial injury masks another problem. For example, someone with severe neck pain radiating into an arm following an accident might not notice shoulder pain until after neck surgery relieves the more dominant symptoms. Similarly, overusing one side of the body to compensate for an injury on the other side can cause new damage over time, and a leg injury that changes how someone walks can eventually create low back or hip pain. In all of these situations, it is important to report new symptoms as soon as they appear, since they may still be connected to the original accident.
Establishing that connection, known as a causation opinion, often requires an attorney to speak directly with the treating doctors rather than relying solely on a letter, since a doctor asked informally may only say a connection is "possible," which is not enough to meet the burden of proof required to recover compensation.
Consulting a Belmond 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.