Attorneys
- Coralville Motorcycle Accident Injury Attorneys
- Phone: 641-792-3595
- Directions
Motorcycles are fundamentally different from cars in ways that matter deeply when a crash occurs. A car has much more weight and mass than a motorcycle, along with a roll cage, a roof, airbags, and seatbelts. A car is also more stable because it rides on four wheels, and because of its size it is easier for other drivers to see. What a motorcycle gives up in those areas is offset somewhat by its ability to stop and turn quickly when the rider has been properly trained, but that advantage only goes so far when another driver fails to look before changing lanes or turning through an intersection.
The Four Biggest Risk Factors in Iowa Motorcycle Crashes
Most motorcycle accidents share a common set of contributing causes. Recognizing them is the first step toward avoiding a crash, and understanding them is essential when evaluating fault after one occurs.
Lack of Training. Ninety-two percent of motorcycle riders involved in accidents are essentially without formal training. Many are self-taught or learned from family or friends. Proper training is the single most important thing a rider can do to reduce the chance of being in a crash and to limit the severity of injuries if a crash does occur.
Alcohol Use. Almost one half of all fatal motorcycle crashes involve alcohol use by the motorcycle rider. This is one of the most preventable contributing factors in fatal outcomes and one that defendants and their insurance carriers will point to aggressively if it is present in your case.
Excessive Speed. A significant portion of motorcycle crashes involve excessive speed, whether that means taking a corner too fast or traveling above the speed limit and not having enough stopping distance when a vehicle suddenly pulls into the rider's path. Reduced speed gives riders more time to react and reduces injury severity when a collision cannot be avoided.
Poor Maintenance. While only about three percent of motorcycle crashes involve mechanical failure, most of those are single-vehicle crashes in which the rider lost control because of a flat tire. Losing control at highway speeds almost always results in serious injury.
The Three Most Common Crash Scenarios and How to Survive Them
In 1981, a landmark study known as the Hurt Report examined motorcycle safety in depth and identified the most common crash types along with specific prevention guidance. Those findings remain among the most widely cited in motorcycle safety education today.
Another Driver Turns Left in Front of You
This is the most common type of motorcycle crash. Another driver either fails to see the rider or misjudges the rider's speed while turning at an intersection. Distraction, cell phone use, or simply not looking for motorcycles are the most frequent causes. When approaching intersections, riders should look for warning signs that a vehicle may be about to turn, including gaps in traffic, driveways, and parking lots nearby. Rather than watching the vehicle itself, watch its wheels, because the wheels give the first indication of movement. Slow down as you approach, prepare to apply brakes, and be ready to take evasive action. If impact appears unavoidable, the best chance of reducing injury is keeping the bike upright and applying both brakes to reduce speed before impact. Even reducing speed by 10 to 20 miles per hour can make the difference between going home with bruises and not going home at all.
A Car Changes Lanes Into You
Motorcycles can easily fall into the blind spots of other drivers, and people are not always watching for them. Riders should be aware of where blind spots lie and minimize the time spent in them. A useful rule: if you can see a driver's eyes in their mirrors, they have the ability to see you. Be especially alert when traffic slows in one lane and vehicles may begin moving laterally. Watch for turn signals, movement within a lane, and a driver's head turning to check mirrors. These are advance signals that a lane change may be coming.
A Car Hits You From Behind
What would be a minor fender bender in a passenger car can be fatal for a motorcyclist stopped at a red light or stop sign. Riders should consider installing brake lights that flash when the brakes are applied, making the stop more visible to following traffic. When stopping, position the motorcycle toward the center of the lane, keep the bike in gear, and keep your hand near the throttle. Stay alert to vehicles approaching from behind and be prepared to move if traffic behind you is not slowing.
Helmet Use in Iowa: Your Right, Your Risk, and Your Claim
Iowa is one of only three states in the nation with no motorcycle helmet law. Riders in Iowa have the legal right to choose whether or not to wear a helmet. However, that legal right does not eliminate the legal consequences that can follow the choice not to wear one if a head injury results from a crash.
Statistics make the protection value of helmets clear. Motorcycle helmets feature a hard outer shell that protects the brain and distributes the force of an impact across a wider area. Newer helmets also incorporate an inner liner designed to absorb impact force. Wearing a helmet significantly reduces the chance of sustaining a disabling or deadly brain injury. According to Iowa Department of Transportation data, there were 41 motorcycle fatalities in 2013, and 34 of those involved a motorcyclist who was not wearing a helmet.
If you do wear a helmet, make sure it meets federal safety standards outlined on the National Highway Traffic Safety Administration website. It is also worth knowing that while Iowa does not require helmets, most other states do. Riders who travel outside Iowa's borders may be legally required to wear one.
How Helmet Use Affects Fault and Compensation in Iowa
The legal question of whether a rider was wearing a helmet becomes significant when the injuries sustained are to the head or brain. Iowa's comparative fault framework makes this an issue that defendants and insurance carriers will raise in virtually every head injury case involving an unhelmeted rider.
Under Iowa's comparative fault law, a rider who is found to bear partial responsibility for the severity of their own injuries will see their damages reduced in proportion to their assigned percentage of fault. If a rider is found to be more than 50 percent at fault, they cannot recover any damages at all.
The key legal argument defense attorneys make is that a reasonable person would have worn a helmet while riding a motorcycle, and that by choosing not to, the rider failed to exercise proper care. A negligent act under Iowa law is one that fails to exercise the proper degree of care and is not necessarily something that is illegal. Choosing not to wear a helmet, while legal, can still be characterized as a failure to act reasonably. Under the comparative fault statute, damages recoverable by a partially negligent rider are reduced in proportion to the quantity of fault attributed to them.
Critically, helmet use is only relevant when the injuries are to the head or brain. If a rider suffered a leg injury, a spinal injury, or damage to other parts of the body, the question of whether they were wearing a helmet is legally irrelevant to those damages. An experienced Iowa motorcycle accident attorney understands how to challenge comparative fault arguments and how to present evidence that injuries would have occurred regardless of helmet use.
Conversely, if a rider was wearing a helmet at the time of the crash, that fact can work in their favor. It demonstrates that despite having no legal obligation to do so, the rider was exercising caution and acting responsibly, which can help counter insurance company efforts to minimize compensation.
Motorcycle Head Injuries: What Coralville Riders Need to Understand
Head injuries are among the most devastating outcomes of a motorcycle accident, and they span a wide range of severity. At the less severe end, a rider may sustain a concussion that improves over a few days. At the most severe end, a crash can result in a coma from a traumatic brain injury that permanently alters every aspect of a person's life.
Many head injuries sustained in motorcycle accidents are traumatic brain injuries in which the brain is violently moved within the skull. Others are penetrating injuries in which an object becomes embedded in brain tissue. Intracranial hemorrhaging can occur when blood from the trauma pools in the brain, creating pressure on brain tissue and restricting blood flow. All of these conditions can be fatal if proper medical treatment is not administered immediately. Victims who survive serious head injuries often require long-term care and rehabilitation, generating extensive medical bills that may be pursued in an injury claim against the at-fault driver.
Long-Term Consequences of a Motorcycle Head Injury
The effects of a serious motorcycle head injury can be long-lasting and life-altering. Victims may experience the following:
- 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 specific effects vary significantly from one patient to another and depend on the type of injury, the location of the damage within the brain, and the severity of the impact. These are not short-term inconveniences. They are permanent changes that affect a person's ability to work, to care for themselves and their family, and to participate in the activities that defined their life before the crash. Documenting these consequences fully, and connecting them to the crash through medical records and physician reports, is essential to recovering the full compensation a victim deserves.
What Evidence Proves the Other Driver's Negligence
Negligence is the central element of any motorcycle accident claim. To recover compensation, a rider must show that the other party's failure to act reasonably caused or contributed to the crash. Types of evidence that can be used to establish the other driver's negligence include police reports, lab results if the other driver was driving while impaired, witness testimony, photographs of the scene and vehicles, video footage from traffic cameras or nearby businesses, and physical evidence from the crash site.
Keep in mind that the other driver's insurance company will also be investigating the accident and building a case designed to minimize what they pay. They will attempt to use available evidence to establish your own negligence and reduce your compensation. Seeking medical attention promptly after even a minor motorcycle accident and securing legal representation as soon as possible are among the most important steps you can take to protect your claim.
Injured in a Motorcycle Accident in Coralville or the Iowa City Area?
Before you accept any offer from the insurance company, speak with a qualified Iowa motorcycle accident attorney. Walker, Billingsley and Bair offers a free and confidential consultation with no obligation to hire. Phones are answered 24 hours a day at 641-792-3595. You can also request a free copy of the Iowa Consumer's Guide to Motorcycle Crashes: 9 Insider's Secrets to Keep Your Case on 2 Wheels at no cost or obligation, or visit iowainjured.com to get started today.
Consulting a Coralville 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.