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Motorcycle accidents are among the most devastating events a person can experience on Iowa roads. Riders have virtually no protection against the force of a collision, and the injuries that result are often catastrophic. Whether you were hit by a negligent driver on a Burlington highway or went down on a rural Des Moines County road, the physical, emotional, and financial toll can be overwhelming. Knowing your legal options and taking the right steps from the beginning can make a significant difference in the outcome of your injury claim.
Common Injuries in Iowa Motorcycle Accidents
A motorcycle accident can cause serious injury, especially given motorcyclists' vulnerability in relation to other motorists. Victims and their families face devastation in terms of physical, emotional, and financial consequences after such an accident. Some of the most frequently seen injuries in motorcycle crashes include:
- Broken bones
- Burns
- Internal bleeding
- Head injuries
- Spinal cord injuries
Of all these injuries, head injuries are among the most serious and have the greatest potential to permanently alter a rider's life. Understanding the nature of motorcycle head injuries is essential for any Burlington rider who has been hurt in a crash.
Motorcycle Head Injuries: What Burlington Riders Should Know
There are a number of different types of head injuries motorcyclists can suffer. A rider could sustain a relatively simple concussion that improves after a couple of days, or they 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 violently moves around within the skull. Others are penetrating injuries, in which an object is embedded into 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 often require long-term care and rehabilitation. This can create extensive medical bills that victims may pursue in an injury claim against an at-fault driver.
Long-Term Consequences of Motorcycle Head Injuries
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, including 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 both the short- and long-term effects on a rider's health and quality of life.
Iowa Helmet Laws and How They Affect Your Burlington Motorcycle Claim
Iowa does not require motorcyclists to wear a helmet. However, choosing not to wear one can have direct consequences on your injury claim. Even if it is within a motorcyclist's rights not to wear a helmet, not wearing one might indicate the biker's contributory negligence for head injuries. If the rider suffered a leg injury, helmet use would not have an effect on that injury or the resulting claim. But in the case of a head injury, a defendant may argue that the motorcyclist's decision not to wear a helmet contributed to the severity of the injury.
Iowa follows a modified comparative fault system. If you are more than 50 percent at fault for the accident, you cannot recover damages under Iowa law. If you are 50 percent at fault or less, you may still recover damages, but they will be reduced proportionately to your percentage of fault. So if you are found 15 percent comparatively negligent and suffered $60,000 in damages, you would recover $51,000.
An experienced Burlington motorcycle attorney can collect and present evidence of the other driver's responsibility for the accident and can address any allegations that your failure to wear a helmet worsened your injuries.
Your Options for Recovering Damages After a Burlington Motorcycle Accident
If another driver caused your motorcycle accident, you have legal options for pursuing compensation. Minimum auto liability insurance requirements in Iowa are $20,000 per person and $40,000 per accident in bodily injury liability, as well as $15,000 per accident in property damage liability. Motorcyclists injured by another driver can file a claim with that driver's liability insurance.
To bring a successful claim, you must establish that the driver was negligent, that the driver's negligence caused the accident, and that you were injured and suffered damages as a result. If the accident involved an uninsured driver, or if the at-fault driver's insurance does not cover all of your damages, you may be able to file a claim with your own uninsured and underinsured motorist coverage (UM/UIM), if it is included on your policy.
In some cases, an insurance company will fail to offer a fair settlement or will deny a claim outright. When that happens, filing a personal injury lawsuit may be necessary to recover the compensation you deserve.
Types of Compensation You Can Seek
The damages you can seek in a motorcycle accident claim or lawsuit depend on your specific losses and expenses. Compensation may include:
- Lost wages and reduced earning capacity
- Medical bills, both current and future
- Pain and suffering
Given that serious motorcycle accidents often involve long hospital stays, surgery, rehabilitation, and time away from work, these damages can add up to significant amounts. Working with a Burlington motorcycle attorney helps ensure nothing is overlooked when calculating the full value of your claim.
Five Critical Steps to Protect Your Burlington Motorcycle Injury Claim
Regardless of how serious your injuries are, there are key steps every injured motorcycle rider should take to protect the value of their claim. Insurance companies will review every detail of your case looking for reasons to reduce or deny what they owe you. Following these steps can make a meaningful difference.
1. Tell Your Doctor Everything That Hurts
One of the most critical pieces of evidence in any motorcycle injury claim is your medical record. Your doctor is required to keep accurate and detailed records of your medical history and care. Those records include your description of how you were injured, your physical complaints, the doctor's examination findings, and the treatment you received. Insurance companies base their settlement offers on this information. If you fail to tell your doctor everything that hurts, it will not be treated properly, and no one will know about it. If you first begin to complain about a problem weeks or months after the accident, the insurance company will claim it was not caused by the crash and reduce their offer accordingly.
2. Follow Your Doctor's Orders
If your doctor recommends therapy three days a week and you only go once a week, you risk damaging your claim. Insurance companies will argue that you could not have been truly injured if you did not follow your doctor's recommendations, and they will reduce their settlement offer to reflect that. Consistent compliance with your treatment plan signals to insurers that your injuries are legitimate and serious.
3. Keep a Diary to Document Your Injuries
Few people think to write down how they feel after an accident, but a daily journal can be one of your most valuable tools. A diary helps provide accurate accounts of your injuries and how they affected your ability to function on a day-to-day basis. Documenting your pain levels, limitations, missed activities, and emotional struggles can help support a higher valuation of your claim.
4. Keep Documentation of Missed Work
Lost wages are a recoverable component of your motorcycle injury claim. It is important to keep track of every day you miss from work, including keeping doctor's excuses for missed work days and documenting time taken off for medical appointments. This documentation creates a clear record for calculating your lost income.
5. Be Careful What You Say
The insurance company and their attorneys will use anything and everything you tell them against you. It is critically important that you do not make recorded statements or casual admissions about fault or the extent of your injuries before speaking with an attorney. Above all, never lie. Even a small misstatement can ruin your credibility. The best policy is always to tell the truth and to let your attorney handle communications with the insurance company on your behalf.
Why Hiring a Burlington Motorcycle Attorney Matters
Motorcycle accident cases in Iowa involve unique legal and medical complexities. From Iowa's modified comparative fault rules to the role of helmet use in head injury claims, navigating these issues without experienced legal guidance puts injured riders at a serious disadvantage. Insurance companies have teams of adjusters and lawyers whose job is to minimize what they pay you. Having a knowledgeable motorcycle attorney in your corner levels the playing field.
An attorney can investigate the crash, gather evidence of the other driver's negligence, work with medical experts to document your injuries, and negotiate aggressively with insurers on your behalf. If a fair settlement cannot be reached, your attorney can take your case to court. It may not be in your best interest to accept the initial offer from the insurance company. Speaking with an attorney before agreeing to any settlement can help ensure you recover the full and fair compensation you deserve for your injuries, your medical bills, your lost wages, and your pain and suffering.
Iowa data has shown that motorcycle accidents carry a high risk of fatality, particularly for riders who are not wearing helmets. Of the 41 motorcycle fatalities reported in Iowa in one recent year, 34 of them involved a motorcyclist who was not wearing a helmet. The risks are real, and when accidents happen, the consequences for Burlington riders and their families can be devastating. Having the right legal support makes all the difference.
Consulting a Burlington 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.