Harlan Motorcycle Accident Injury Attorneys

Riding a motorcycle is associated with the freedom of the open road and the thrill of the ride. Unfortunately, it also comes with a significantly increased risk of serious injury in the event of a collision. When a motorcycle accident happens in or around Harlan, Iowa, the consequences can be life-altering. Road rash, traumatic brain injuries, broken bones, and other severe physical harm are common outcomes when a motorcyclist goes down. Understanding your legal rights, how Iowa law applies to your situation, and who is responsible for covering your medical bills can be the difference between a full financial recovery and being left to bear those burdens alone.

Road Rash: One of the Most Common Motorcycle Accident Injuries

One of the most frequently seen injuries following a motorcycle crash is road rash, which occurs when skin is scraped across a road surface, resulting in lacerations and abrasions. Much like burn injuries, road rash is categorized by degrees of severity, and understanding those degrees matters when pursuing a personal injury claim.

Wearing protective clothing such as leather gear while riding can decrease the likelihood that serious road rash will occur if the bike goes down in a crash. However, even properly equipped riders can sustain significant injuries when another driver causes a collision.

First-Degree Road Rash

First-degree, or minor road rash, typically involves skin redness and surface irritation. This degree of injury usually does not warrant major medical treatment. Home care measures such as thorough cleaning and the application of antibiotic ointment often suffice to facilitate healing.

Second-Degree Road Rash

Second-degree road rash is somewhat more serious, as the outer layer of skin breaks open. This degree of injury typically involves greater discomfort and pain, but in many cases can still be managed at home with appropriate wound care and monitoring.

Third-Degree Road Rash

Third-degree road rash is a serious injury that affects all layers of skin, exposing underlying tissue. It can also damage muscles and other deeper structures beneath the skin. Medical intervention is typically required, and skin grafting is a common surgical treatment for this level of road rash injury.

Skin Grafting: A Serious Treatment for Serious Injuries

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 may require weeks in the hospital for observation of both the donor site and the graft site, and to ensure that the body does not reject the transplanted skin. Even after hospital discharge, movement can be limited for weeks while the graft site continues to heal, making a return to work or to normal daily activities difficult for a significant period of time.

For Harlan motorcycle accident victims who sustain this level of injury, the financial impact can be severe. Medical expenses, lost income during recovery, and the physical pain associated with treatment all represent real damages that an injured rider may be entitled to recover through a motorcycle accident claim.

What Damages Can a Harlan Motorcycle Accident Victim Recover?

If you were involved in a motorcycle accident with another vehicle and the other party is at fault, you may be entitled to seek compensation for your losses. Recoverable damages in a motorcycle accident claim can include medical expenses, property damage, lost wages during the period of treatment and recovery, and pain and suffering. The specific damages available in your case will depend on the facts of your situation, which is why discussing the full effects of your accident with an experienced attorney is so important.

Proving fault is one key element of a successful motorcycle accident case. Equally important is the proper documentation of all your losses. You should keep meticulous records of all medical treatments and bills, as well as any time lost from work because of your injuries. Obtain the police report and any witness statements from the law enforcement agency that responded to the scene. Provide your attorney with any photographs you took at the scene or notes you wrote down about the accident shortly after it occurred.

Iowa Helmet Laws and How They Can Affect Your Claim

Iowa is one of only three states in the nation that has no motorcycle helmet law. While a motorcyclist in Harlan is entirely within their legal rights to ride without a helmet, the absence of a helmet requirement does not mean that a rider's decision to forgo one will be irrelevant in a personal injury case. In fact, for riders who suffer head or brain injuries, it can have a direct impact on the compensation they are able to recover.

It is well established that wearing a helmet can prevent traumatic brain and head injuries in the event of a motorcycle accident. Choosing not to wear one, even though it is legal in Iowa, may be characterized as an act of negligence by the defense.

When Does Helmet Use Actually Matter in a Claim?

The use of a helmet will not be a relevant factor in every motorcycle accident case. Liability related to helmet use is only likely to become an issue when the injury you sustained is a head or brain injury. For example, if you were involved in a motorcycle accident and suffered an injury to your lower body, the fact that you were not wearing a helmet is not relevant because you would have sustained that leg or hip injury regardless of your head protection. On the other hand, if the injury you suffered was a head or brain injury that could potentially have been prevented by a helmet, you may be considered partially negligent under Iowa law.

It is also worth noting that wearing a helmet can work in your favor. If you were wearing one at the time of the crash, this can help demonstrate that despite there being no legal requirement to do so, you were exercising an appropriate degree of caution and care while riding.

Iowa Comparative Fault and What It Means for Your Recovery

Iowa follows comparative fault laws, which means that if you are found to be partially negligent for your own injuries, the total damages you can recover will be reduced in proportion to your share of fault. A negligent act is defined as one that fails to exercise a proper degree of care and is not necessarily something illegal. The defense may argue that a reasonable person would have worn a helmet while riding, and that because you did not, you failed to exercise appropriate care for your own safety.

Because of how comparative fault rules work in Iowa, it becomes critically important to do everything possible to prove the negligence of the other driver. Your attorney will work to demonstrate that your injuries would have occurred regardless of whether you were wearing a helmet, or that the other driver's actions were the true and primary cause of the accident and your resulting harm. To learn more about how fault is evaluated in these cases, visit the article on what happens if you were partially at fault in an Iowa motorcycle accident.

Gathering Evidence to Prove the Other Driver's Negligence

Negligence is the most important component of any motorcycle accident claim. If your accident would not have occurred but for the negligence of another person, it is essential to collect the evidence that proves it. Types of evidence that can be used to establish the other driver's fault include:

• Police reports from the responding officers
• Lab tests or toxicology results if the other driver was impaired at the time of the crash
• Witness testimony from individuals who saw the accident occur
• Photographic evidence from the scene
• Video evidence from nearby surveillance cameras or dashcams
• Physical evidence gathered from the crash site

Keep in mind that the other driver and their insurance company will also be working to establish your share of fault. This is why it is important to seek medical care promptly after even a minor motorcycle accident and to secure legal representation as soon as possible afterward.

Who Pays Your Medical Bills After a Harlan Motorcycle Accident?

One of the most pressing concerns for injured motorcyclists is how to handle medical bills in the aftermath of a crash. The answer depends largely on how the injury occurred and what insurance coverage is available to you.

In Iowa motorcycle accident cases, it is important to understand that the other driver's insurance company will rarely make payments directly toward your medical bills while your treatment is ongoing. This is true even when the other driver's liability is clear and they have already accepted responsibility for property damage. Insurance companies are generally not required to make payments until a final settlement is reached, at which point they can obtain a release. You should not expect the at-fault driver's insurer to cover your medical expenses as they come in.

Sources of Payment for Your Medical Bills

Because the at-fault party's insurance company is unlikely to pay your ongoing medical costs, it is important to know what options are available to cover your bills in the meantime. These may include:

1. Your own health insurance coverage from your employment benefits package
2. Health insurance that you have purchased and maintained personally
3. Health insurance obtained by your spouse for your benefit, or by your parents if you are a minor living with them
4. Medical payments coverage from your own auto or motorcycle insurance policy. In some situations, you may be able to draw on this coverage from more than one policy if you were not in your own vehicle at the time of the accident
5. Healthcare.gov or Medicaid coverage if you do not have private insurance. You may be eligible for a plan under the Affordable Care Act, which you can explore online, through a local insurance agent, or through your local Department of Human Services
6. Your own personal funds, if you are uninsured and are able to pay bills as they arise

When Funds Are Insufficient to Cover Medical Costs

Medical debt continues to rise, and many injured motorcyclists simply do not have the funds available to pay doctors, hospitals, and other medical providers while their claim is pending. In these situations, an attorney can help facilitate assignments whereby the injured client authorizes the attorney's office to pay the medical provider directly from any settlement or court verdict. This arrangement often satisfies healthcare providers and encourages them to wait until the time of settlement rather than pursuing collection activity against the injured person.

Understanding Subrogation

It is important to be aware that nearly all health insurance policies contain a subrogation provision. This means that if your health insurance company pays for medical treatment related to your accident, and you later recover money from another party or their insurance company to cover those same bills, the health insurer will require reimbursement from your recovery. An experienced Iowa motorcycle accident attorney can help you navigate subrogation claims and work to minimize the impact on your final recovery.

Insurance companies are not looking out for your best interests. Before you sign any paperwork submitted by an insurance adjuster, it is critical that you consult with an attorney who can review the documents and advise you on how signing may affect your rights.

Steps to Take After a Motorcycle Accident Near Harlan

Taking the right steps after a motorcycle crash can protect both your health and your legal rights. Here is what injured riders should do:

• Seek medical attention immediately, even if your injuries feel minor at first. Some serious conditions do not present obvious symptoms right away, and a gap in treatment can be used by insurance companies to argue that your injuries were not serious.
• Report the accident to your insurance company, but do not provide a recorded statement to any insurance adjuster until you have spoken with an attorney.
• Document everything. Take photographs of the accident scene, the vehicles involved, your motorcycle, and your visible injuries. Collect contact information from any witnesses present.
• Obtain the police report and any witness statements from the law enforcement agency that responded to the scene.
• Keep detailed records of all medical treatments, bills, prescriptions, and any time you have missed from work because of your injuries.
• Contact a motorcycle accident attorney as soon as possible to protect your rights, preserve evidence, and begin building your claim.

Consulting a Harlan 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. 

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