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In times of tragedy, motorcycle injury lawyers become resolute supporters for riders. Their specialization in motorcycle accidents allows them to proficiently navigate the legal system and secure justice and compensation for injured riders.
Motorcycle Helmet Safety Tips
Why You Must Replace a Motorcycle Helmet After an Accident
Even minor motorcycle accidents can cause serious, yet virtually invisible, damage to a helmet. Minor scratches or small dents may not reflect internal issues with the protective padding. The Motorcycle Safety Foundation advises replacing any helmet involved in an accident, as it likely absorbed some impact shock, compromising its effectiveness in future incidents.
Inspecting and Replacing Helmets
Most helmet manufacturers offer inspections and repairs, but when in doubt, purchasing a new helmet is typically best. Helmets are designed to withstand normal wear and tear, but a significant drop or impact can cause damage, making replacement necessary.
Why Are Motorcycle Crashes on the Rise?
Increasing Accidents and Fatalities
Over the past decade, more motorcycle riders have been injured or killed on roadways. August is historically one of the worst months for motorcycle accidents. While motorcycles account for less than 1% of all vehicle miles in Iowa, they represent 14% of fatalities and 16% of severe injuries annually.
Vulnerability of Motorcyclists
Motorcyclists are more vulnerable due to the lack of protection. After an accident, injured riders need good advice on dealing with medical providers and insurance companies. It is a common misconception that the at-fault driver's insurance will automatically cover medical expenses.
Protecting Yourself and Your Claim
1. Seek Immediate Treatment: Visit the emergency room or your doctor immediately and report all injuries and pain.
2. Avoid Rushing to Settle: Insurance companies may offer quick settlements, but signing a release can forfeit your rights and require you to cover medical expenses.
3. Do Not Give Recorded Statements: Insurance adjusters may use recorded statements against you.
4. Keep Documentation: Save work excuses, medical bills, police reports, and maintain a daily journal of your condition.
5. Never Exaggerate Injuries: Be honest about your medical condition; exaggerating can harm your case.
6. Consult an Experienced Attorney: Before considering a settlement, speak with a qualified injury attorney to understand your rights and potential recovery sources.
Filing a Claim Without a Helmet
Helmet Use and Legal Rights
Iowa does not mandate helmet use for motorcyclists, but not wearing one can contribute to severe injuries in accidents. According to the Governor’s Traffic Safety Bureau, 83% of motorcycle fatalities in Iowa involved riders not wearing helmets.
Comparative Negligence in Iowa
Iowa's comparative negligence system means an injured party can recover damages minus their share of the blame. If the rider is more than 50% at fault, they cannot recover compensation. Not wearing a helmet can be seen as partial fault in head and spine injury cases.
Impact on Damages
If an injured rider was not wearing a helmet and suffered head injuries, they might be deemed partially at fault, reducing their compensation. However, if the injuries are unrelated to the head, helmet use would not affect the recovery of damages.
Consulting a 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.