Attorneys
- Clarion Motorcycle Accident Injury Attorneys
- Phone: 641-792-3595
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A motorcycle crash can leave a Clarion rider or passenger facing catastrophic injuries in an instant. From severe head trauma to painful road rash, motorcyclists have far less protection than drivers of passenger vehicles, and the consequences of a crash can be devastating. Understanding your rights as a passenger, the seriousness of head injuries, and what to expect if you suffer road rash are all essential pieces of protecting a Clarion rider's claim. The attorneys at Walker, Billingsley & Bair have spent years helping Iowans through exactly these situations, and this guide breaks down what Clarion motorcycle accident victims should know.
Can a Passenger File a Motorcycle Accident Claim in Clarion?
Motorcycle accident victims who were passengers on a friend's bike can file an injury claim against the at-fault party. It will either be under the motorcyclist's insurance policy or against another party, such as the driver of a passenger vehicle. This largely depends on who was at fault for the motorcycle accident and the type of coverage available.
Minimum Motorcycle Insurance in Iowa
When the driver of the motorcycle is at fault, his or her coverage might pay for damages to an injured passenger. If another party is responsible for the accident, the passenger may file a claim against that party's insurance company. Bodily injury liability would cover injuries up to the limits of the policy.
Iowa's Minimum Coverage Requirements
- $20,000 in bodily injury liability for one person
- $40,000 in bodily injury liability for all injuries in one accident
- $15,000 for property damage
Many motorcyclists and motorists choose to carry higher coverage. Some also carry medical payments coverage, which pays for costs of medical care regardless of fault. Passengers may even use their own coverage to initially cover their costs before recovering compensation from the at-fault party.
When Insurance Coverage Isn't Enough
If a driver runs a red light and crashes into a motorcycle, both the passenger and the motorcyclist may be injured. If the at-fault driver only carries the minimum coverage, that amount may not take care of everyone's damages. Whenever insurance is not enough, there is always the possibility of filing a lawsuit against the party who was at fault, whether the motorcyclist or the driver of another vehicle. While some minor insurance claims may be handled without an attorney, filing a lawsuit typically requires legal representation.
Damages Recoverable by a Clarion Passenger
A motorcycle accident victim may suffer severe injuries. The medical and hospital costs associated with the injuries could be recovered in the claim or lawsuit. If the passenger is out of work for a few days, several weeks, or longer, the earnings he or she is without could also be addressed. Damages besides hospital stays and lost wages may include pain and suffering, disability, and emotional distress. Talking with an attorney can help injured Clarion passengers understand all the forms of compensation that may be available.
Motorcycle Head Injuries and Concussions
Wearing a helmet could save your life, but it is not mandatory in Iowa. There are a number of different types of head injuries a Clarion rider might sustain in a motorcycle accident. Motorcyclists could suffer a relatively simple concussion that improves after a couple of days, or could end up with a traumatic brain injury in which the brain violently moved around within the skull. Others suffer penetrating injuries, in which an object is embedded into the brain tissue.
Intracranial hemorrhaging may 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, which 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
Like any type of severe head trauma, the consequences of a motorcycle accident head injury can be long-term and life-altering.
Possible Effects on a Clarion Rider
- 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
Effects Vary by Case
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 on a Clarion rider.
Helmets, Head Injuries, and Motorcycle Accident Claims
Iowa does not require motorcyclists to wear a helmet. But even if it is within a motorcyclist's rights not to wear one, not wearing a helmet might indicate the biker's contributory negligence for head injuries. If the biker suffered a leg injury, helmet use would not have an effect on that injury or the resultant accident 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 injury severity.
Understanding Motorcycle Road Rash in Clarion
A common injury associated with motorcycle accidents is road rash. Road rash is the result of skin being scraped across the road surface, causing lacerations and abrasions. Much like burns, motorcycle road rash is categorized by degree of severity. More serious road rash injuries require medical intervention to facilitate healing, while less serious road rash cases can be treated successfully at home. Wearing protective clothing such as leather gear while riding a motorcycle can decrease the possibility that serious road rash will occur if the bike goes down in a crash.
| Degree | Description |
|---|---|
| First degree | Minor road rash involving skin redness, probably not requiring major medical treatment. Home treatments, including cleaning and antibiotic ointment application, often suffice for healing. |
| Second degree | A bit more serious, as the skin breaks. This degree may involve more discomfort and pain but typically can also be treated at home. |
| Third degree | A serious injury that affects all skin layers, exposing tissue beneath it, and can even damage muscles and other structures. Medical intervention, such as skin grafting, is a common surgical treatment. |
Skin Grafting to Treat Motorcycle Road Rash
Skin grafting is a surgical procedure that must be performed in a hospital setting while the patient is under general anesthesia. Recovery after skin grafts can be lengthy and difficult. Patients recovering from skin grafts can require weeks in the hospital for observation of the donor and graft sites, and to ensure that the body does not reject the transplanted skin. Movement can be limited for weeks following release from the hospital as the graft site heals, making a return to work or normal activity difficult for a Clarion rider for some time.
Consulting a Clarion 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.