- Lake Mills Motorcycle Accident Injury Attorneys
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Motorcycle accidents can leave Lake Mills riders with serious, life-altering injuries, from traumatic brain injuries and concussions to torn knee ligaments requiring surgery. In some cases, injuries are made worse not just by the crash itself, but by defective safety gear that failed to do its job. Understanding the types of injuries riders commonly face, how safety gear defects can factor into a claim, and what knee ligament surgery and recovery involve can help Lake Mills riders and their families know what to expect after a serious motorcycle accident.
Head Injuries and Concussions After a Lake Mills Motorcycle Accident
Wearing a helmet could save a rider's life, but it is not mandatory in Iowa. Understanding the types of head injuries motorcyclists might sustain, and how those injuries can affect a legal claim, is important for any Lake Mills rider who has been hurt in a crash.
Types of Head Injuries in Motorcycle Accidents
There are a number of different types of head injuries a motorcyclist can suffer. A rider might sustain a relatively simple concussion that improves within a couple of days, or could end up in a coma due to a traumatic brain injury. Many head injuries from a motorcycle accident are traumatic brain injuries in which the brain violently moves around within the skull. Others are penetrating injuries, in which an object becomes embedded in brain tissue. Intracranial hemorrhaging may also 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 without immediate treatment, and riders who suffer serious head injuries often require long-term care and rehabilitation, creating extensive medical bills that may become part of an injury claim against an at-fault driver.
Long-Term Consequences of a Motorcycle Head Injury
Like any severe head trauma, the consequences of a motorcycle accident head injury can be long-term and life-altering. Victims of a brain injury may experience communication problems, cognitive limitations, trouble with mobility and balance, fine motor skill limitations, hearing and vision problems, lost feeling in parts of the body, and emotional or mental health problems such as depression and anxiety. The effects vary greatly from one rider to the next, depending on the type of head injury and the severity of the damage.
Helmets, Head Injuries, and Motorcycle Accident Claims
Iowa does not require motorcyclists to wear a helmet, but even though it is within a rider's rights not to wear one, choosing not to may be used to argue contributory negligence for a head injury. If a rider suffered a leg injury instead, helmet use generally would not affect that portion of the claim. But in the case of a head injury, a defendant may argue that a rider's decision not to wear a helmet contributed to the severity of the injury.
If a rider is found contributorily negligent, they would recover damages minus their own degree of fault. If a claimant's fault is found to be more than 50 percent, they cannot recover damages at all. Because of this, proving the other party's liability is critical, and an attorney can help collect and present evidence of the other driver's responsibility while also addressing any allegations that a lack of helmet use worsened the injury.
Can You Sue a Manufacturer if Defective Safety Gear Failed You?
Manufacturers of defective products are liable for the injuries they cause. If a Lake Mills rider was wearing proper safety gear and still suffered injuries because that gear was defective, a claim or lawsuit can be filed against the gear's manufacturer in addition to the driver responsible for the crash. An Iowa motorcycle accident attorney can help evaluate the details of a case like this and assist in establishing liability.
Types of Liability for a Manufacturing Defect
In a product liability claim, several types of liability may come into play. Negligence occurs when a manufacturer fails to exercise proper care, meaning the company had a legal obligation to make the product safe but failed to do so. Failure to warn or misrepresentation of the product occurs when a manufacturer makes promises about a product that it fails to live up to, or hides possible hazards. Breach of warranty happens when a manufacturer does not stand by claims it made about a product or refuses to honor warranties or other promises. Strict liability makes a manufacturer liable for injuries caused by a defective product regardless of fault, simply because the manufacturer is responsible for what it creates.
What Must Be Proven in a Defective Safety Gear Claim
To pursue a claim against a motorcycle safety gear manufacturer, several elements must be present. There must be real injuries or financial losses involved, since a lawsuit generally cannot be filed without them. The product must contain a manufacturing defect, whether that means the product was manufactured improperly, the design itself was flawed, or the product contained dangerous parts that were not properly labeled. The defective product must have directly caused the injury or loss, which can be difficult to prove without legal help. Finally, the product must have been used for its intended purpose, meaning an injury caused or worsened by a defective helmet worn while riding a motorcycle would likely qualify as a product liability issue. If a rider was instead wearing a helmet not recommended for motorcyclists and it failed to provide adequate protection, that may not support a product liability claim, since the helmet was not used for its intended purpose.
Lake Mills riders whose injuries were made worse by a manufacturing defect, or whose safety gear failed to offer adequate protection, may be able to pursue a claim against the equipment manufacturer in addition to the driver responsible for the crash.
Knee Ligament Injuries and Surgery After a Lake Mills Motorcycle Accident
Knee ligament injuries can be painful, restrictive, and often require surgical treatment along with extensive recovery. Lake Mills riders who sustain a serious knee injury in a motorcycle accident may need to seek compensation from the responsible party to help cover the costs of surgery and lost wages from missed work.
What Is a Knee Ligament Injury?
Ligaments connect bone to bone, providing support for the knee and limiting the range of motion of the joint. When ligaments are damaged, they are compromised in their ability to do their job, which can make the knee unstable. The knee joint has four major supporting ligaments that connect the tibia, or shin bone, to the femur, or thigh bone. The anterior cruciate ligament controls the knee's rotation and its forward range of motion. The lateral collateral ligament provides stability to the outer knee. The medial collateral ligament stabilizes the inner knee. The posterior cruciate ligament sits in the center of the knee and moderates the tibia's backward range of motion. Ligaments can be stretched or completely torn in a motorcycle accident, and the severity of the damage determines what treatment will be necessary to repair the knee and restore normal function. In more complicated cases, or when the injured rider cannot manage normal daily functions, surgical intervention may be necessary, often followed by lengthy physical therapy.
Types of Knee Ligament Surgery
While some serious knee injuries may require a total knee replacement, torn ligaments may instead require surgical repair or reconstruction, which can involve using healthy tendons from elsewhere in the body, such as the kneecap or hamstring. A surgeon may graft healthy tissue in place of the damaged ligament in order to stabilize the knee. This procedure is often completed in an outpatient surgical center under general anesthesia, with follow-up visits and therapy required for a full recovery. Risks associated with knee ligament surgery include blood clotting, bleeding, infection, and stiffness or laxity of the knee after surgery. Anyone who experiences severe pain, redness, drainage from the surgical site, or fever after ligament surgery should seek immediate medical attention, since these symptoms could signal infection or another complication.
Recovering Damages for a Knee Injury
Knee injuries can be costly. The time required for proper healing can lead to several weeks of missed work, and costs may include diagnostic tests, prescription pain medication, and surgery and therapy. This can create an unmanageable financial burden for a Lake Mills rider. Anyone who sustains a knee injury in a motorcycle accident caused by another party may be entitled to compensation that can help regain financial stability and ease the stress that comes with a serious injury.
Consulting a Lake Mills 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.