Center Point Motorcycle Accident Injury Attorneys

Dedicated legal support for Center Point, Iowa riders facing helmet-related defenses, other common defenses, and delayed accident symptoms.

A motorcycle accident claim in Center Point can involve more legal complexity than many riders expect. Insurance companies and other drivers often raise defenses aimed at reducing or denying compensation, from arguments about helmet use to claims about speeding or impairment. At Walker, Billingsley & Bair, we help Center Point riders understand these defenses and how to handle injuries that do not show up until after the crash.

How Helmet Use May Affect a Center Point Motorcycle Claim

Iowa is one of only three states with no motorcycle helmet law. Even so, a rider who was not wearing a helmet and suffers a head injury in a crash may be found partially liable for that specific injury. It is well established that helmets can prevent traumatic brain and head injuries, so choosing not to wear one may be viewed as a form of negligence, even though it is not illegal.

When Helmet Use Becomes Relevant

Helmet use will not affect liability in every accident, only in cases involving a head or brain injury. If a Center Point rider suffered a lower body injury instead, the absence of a helmet would be irrelevant, since that injury would have occurred regardless. If the injury is a head or brain injury that could have been prevented by wearing a helmet, however, the rider may be considered partially negligent. On the other hand, wearing a helmet at the time of the crash can help demonstrate that a rider was exercising caution, even without a legal requirement to do so.

Comparative Fault and Helmet Use

Under Iowa's comparative fault laws, a rider's damages may be reduced in proportion to their own degree of fault. While there is no legal requirement to wear a helmet, the other side may argue that a reasonable person would have worn one, and that failing to do so shows a lack of proper care. If a Center Point rider is found partially negligent for a head injury because of a missing helmet, it becomes especially important to prove the other party's fault and to show that the injury either would have occurred regardless, or would have been worse without a helmet.

Proving the Other Driver's Negligence

Negligence is the central issue in most motorcycle accident claims. If your accident would not have happened but for the other driver's negligence, you need evidence to prove it, including police reports, lab tests if the other driver was impaired, witness testimony, photo evidence, video evidence, and other physical evidence from the scene.

Common Defenses Against Motorcycle Accident Claims in Iowa

Beyond helmet use, insurance companies and other drivers frequently raise additional defenses in an effort to reduce or deny a Center Point rider's claim. Familiarizing yourself with these defenses can help you and your motorcycle accident attorney build a stronger case.

Regulation Violations

One common defense is that the rider violated a specific motorcycle law at the time of the crash, such as carrying a package that restricts the use of both hands or riding more than two abreast in a lane. If the other driver can prove a violation occurred and that it caused the accident, your claim may be in jeopardy.

Speeding or Traffic Violations

The other side may also argue that you were speeding or committed another traffic violation, such as an illegal lane change, at the time of the crash. If proven, you may be found partially or totally at fault. Under Iowa's comparative fault rules, your damages may be reduced proportionally to your percentage of fault, and if you are found more than 50 percent at fault, you may be barred from recovering damages altogether.

Impairment

If you were under the influence of drugs or alcohol at the time of the accident, it can severely hinder your ability to recover damages. The insurance company or a court will assign you a percentage of fault, and in many cases, impairment can prevent recovery of damages entirely.

What If Your Motorcycle Accident Injuries Do Not Appear Right Away?

Sometimes pain from a motorcycle accident does not show up until later the same day, or even the next day. Regardless of when your pain begins, you should seek medical care as soon as you notice it. Adrenaline and other hormones like cortisol are often released after an accident, temporarily masking pain the same way muscle soreness after a hard workout does not show up until the following day.

What If You Waited to Seek Care?

Waiting more than a week to see a doctor after your Center Point accident does not necessarily mean it is too late to pursue a claim, but it will likely raise a red flag for the insurance adjuster handling your case. Be sure to tell your doctor exactly when your pain started and explain why you did not seek care sooner. Failing to seek medical attention at all, however, can seriously damage your claim.

When New Symptoms Appear After Treatment Begins

It is common for one injury to mask another. Favoring an injured limb can lead to overuse injuries elsewhere, and a serious leg injury that initially causes no back pain can lead to hip or low back problems once a rider is back on their feet and walking with a limp. In every one of these situations, it is important to report any new pain or problems to your doctor and your attorney as soon as they appear.

Establishing That Your Symptoms Are Connected to Your Accident

Ultimately, your attorney should work directly with your doctors to establish which of your conditions are related to your accident, known as a causation opinion. While some injured riders are able to get an opinion from their own doctor, the conversation often results in a doctor simply saying an injury is "possible," which is not enough to meet the legal burden of proof required to show it is more likely than not that the accident caused your condition. An experienced attorney who takes the time to speak with your doctors directly, rather than simply sending a letter, is often able to secure a clearer and more useful opinion for your case.