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- Maquoketa Motorcycle Accident Injury Attorneys
- Phone: 641-792-3595
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Riding a motorcycle along the scenic roads of Jackson County and the Maquoketa River valley is one of the genuine pleasures Iowa summers offer. But the roads that make for a great ride are the same roads where motorcycle accidents happen, and when they do, the consequences are almost always severe. Unlike a passenger vehicle, a motorcycle offers no protective shell between the rider and the impact. Injuries from motorcycle crashes can be life-altering, and the legal process that follows is anything but straightforward.
If you or a loved one has been injured in a motorcycle accident in Iowa, there are three critical areas you need to understand before you speak with the insurance company or accept any settlement offer: the defenses the other side will use against your claim, what happens when defective safety gear contributed to your injuries, and the serious spinal nerve conditions that can result from a crash and what treatment options are available. The attorneys at Walker, Billingsley & Bair have been representing injured Iowa motorcyclists for over 28 years, and we are ready to help.
Common Defenses Used Against Iowa Motorcycle Accident Claims
If you have been in a motorcycle accident in Iowa and are pursuing a claim for damages, the insurance company or the other driver's legal team is going to present arguments designed to reduce or eliminate your recovery. Familiarizing yourself with these defenses before you encounter them, and having an experienced attorney to address them, is one of the most important steps you can take to protect your claim.
Perhaps the most commonly used defense is that you, the motorcyclist, were in violation of motorcycle-specific laws at the time of the accident. Iowa has regulations that apply specifically to riders, including Iowa Code 321.275(6), which prohibits carrying a package that restricts the use of both hands, and Iowa Code 321.275(4), which prohibits riding more than two abreast in a single lane. If the other side can prove that you violated one of these regulations and that the violation contributed to causing the accident, your claim may be seriously compromised. Having documentation that you were riding lawfully is important from the very beginning.
Another common argument is that the motorcyclist was speeding or committing another traffic violation at the time of the crash. Iowa follows a comparative fault system. If you are found to be partially at fault, the damages you recover will be reduced proportionally to your percentage of fault. However, if you were more than 50 percent at fault, you may be barred from recovering any damages at all. Speeding, illegal lane changes, and similar violations are all arguments the defense will explore and attempt to prove.
Impairment is one of the most damaging arguments that can be raised against a motorcycle accident claim. If you were under the influence of drugs or alcohol at the time of the crash, it can severely hinder your ability to recover compensation. The insurance company or court will assign you a percentage of fault for the impairment, which directly reduces what you can recover. In many cases where impairment is established, it prevents any recovery of damages entirely. This defense is taken seriously by courts and juries, and it underscores the importance of building a thorough and fact-based case.
While Iowa does not require motorcyclists to wear a helmet, choosing not to wear one can still become an issue in your claim if you suffered head or neck injuries. The insurance company or the other driver may argue that not wearing a helmet led to more severe injuries than you would have sustained had you been wearing one. This argument is used to increase your comparative negligence percentage and reduce the damages you can recover. An experienced attorney can help you counter this defense by working to establish that helmet use would not have had a meaningful impact on the severity of your specific injuries.
Understanding these defenses in advance is one of the reasons why hiring an attorney before you speak with the insurance company matters so much. An attorney can anticipate these arguments, gather the evidence needed to counter them, and build a case that withstands the scrutiny of the other side's legal team.
When Defective Safety Gear Contributes to Your Injuries
Most motorcyclists do everything right. They take training courses, wear full safety gear, and ride responsibly. But what happens when the gear itself fails? If you were wearing proper safety equipment during a crash and still suffered serious injuries because the product was defective, you may have a claim not just against the at-fault driver, but against the manufacturer of the safety gear as well. Manufacturers of defective products are liable for the injuries they cause, and this extends to motorcycle helmets, riding jackets, gloves, boots, and any other protective equipment that fails to perform as intended.
Types of Liability in a Defective Safety Gear Claim
In a product liability claim involving defective motorcycle safety gear, there are several possible theories of liability an attorney may pursue:
- Negligence: The manufacturer failed to exercise proper care. The company had a legal obligation to ensure the product was safe before it reached consumers, and it failed to meet that obligation.
- Failure to warn or misrepresentation: This occurs when a manufacturer makes promises about the product that it cannot keep, or when the manufacturer conceals or fails to disclose known hazards associated with the product.
- Breach of warranty: This applies when the manufacturer does not stand behind claims made about the product, or refuses to honor warranties or other promises made at the time of sale.
- Strict liability: Under this theory, the manufacturer is held liable for any injuries caused by the defective product regardless of fault, simply because the manufacturer is responsible for the products it creates and releases into commerce.
What You Must Establish in a Defective Product Claim
Not every injury involving safety gear gives rise to a product liability claim. To pursue a claim against a safety equipment manufacturer, the following elements must be present:
- Injuries or financial losses were involved. There must be genuine, documented injuries or losses in order to file a lawsuit. Without bona fide harm, a claim cannot be pursued.
- The product contains a manufacturing defect. In some cases this is straightforward to demonstrate. In others, you may need to prove that the product was manufactured improperly, that the design itself was flawed, or that the product contained dangerous components that were not adequately labeled or disclosed to the consumer.
- The defective product directly caused the injury or loss. There must be a direct causal connection between the product's defect and the harm you suffered. This can be one of the more challenging elements to establish, and legal guidance is particularly valuable in proving causation.
- The product was used for its intended purpose. The product must have been used in the manner the manufacturer intended. For example, an injury worsened by a defective helmet worn while riding a motorcycle would likely support a product liability claim. However, if a rider was wearing a helmet not designed or recommended for motorcycle use and it fails to protect adequately, a product liability case may not be viable because the product was not used as intended.
Victims whose injuries were made worse by a manufacturing defect, or whose safety gear failed entirely to offer the protection it was designed to provide, may pursue a claim against the equipment manufacturer in addition to any claim against the driver responsible for the accident. An attorney can evaluate the specifics of your situation, identify whether a product liability claim is viable alongside your accident claim, and pursue compensation on both fronts simultaneously.
Cervical Radicular Pain: A Serious Consequence of Motorcycle Crash Trauma
One of the most debilitating injuries that can result from a motorcycle accident is cervical radicular pain, also called radiculopathy. This is a condition in which the nerves stop working properly due to a malfunction at the root of the nerve in the spine. It can cause pain, numbness, weakness, and loss of motor control. Although the underlying problem originates in the spinal area, the pain is frequently felt throughout other areas of the body, including the arms and hands, making it difficult to diagnose at first and easy for insurance companies to dispute.
What Causes Cervical Radicular Pain After a Motorcycle Crash
In many cases, a herniated disc is the root cause of cervical radicular pain. Motorcycle accidents regularly produce the kind of trauma, including falls, collisions, and sudden violent movement of the head and neck, that cause disc herniation. When a disc ruptures, material from the disc can press against the nerve root, compressing it and generating intense pain. Cervical radicular pain may also result from arthritis or other degenerative bone conditions that may be worsened by the impact of a crash.
Traditional Treatment Approaches
Many patients begin with conservative therapies when managing cervical radicular pain. These can include corticosteroids and pain medication in varying forms, some injected and some taken orally. Physical therapy is often incorporated into the treatment plan as well, including cervical traction performed either mechanically or manually, as well as other methods a physical therapist may use to relieve symptoms and restore range of motion. Patients should speak with their physicians about which approach is most appropriate given the severity and nature of their specific condition.
When conservative treatments do not provide adequate relief and the pain becomes intolerable, surgery is often considered. However, there is an intermediate option that may provide significant pain relief before that step is necessary.
The Epidural Nerve Block Procedure
The epidural nerve block procedure involves the injection of a corticosteroid directly into the epidural space of the spine. During the procedure, a physician uses a fluoroscope to obtain real-time X-ray imaging, and a contrast medium is used to verify that the needle is correctly positioned before the medication is delivered. A local anesthetic such as lidocaine is injected along with the corticosteroid. The degree of pain relief achieved is then monitored over a defined period of time.
This procedure is minimally invasive and may serve as an excellent alternative to surgery for patients dealing with cervical radicular pain resulting from a motorcycle accident. Complications are generally minor and may include a slight risk of infection, minimal bleeding, and temporary discomfort at the injection site. Patients should discuss the full range of potential side effects with their physician before agreeing to any injection or treatment.
Compensation for Cervical Radicular Pain Treatment
Living with cervical radicular pain is not easy. The condition makes daily life a constant exercise in pain management. Patients may be unable to work, sleep properly, or participate in the everyday activities they once enjoyed. If another driver caused the motorcycle accident that led to your cervical radicular pain, you may be entitled to compensation for damages including medical bills for treatments such as the epidural nerve block procedure, lost wages from time missed at work, pain and suffering, and more. These are all recoverable damages in an Iowa motorcycle accident claim when another party's negligence caused the injury.
The challenge with cervical radicular pain, as with many soft tissue and nerve injuries, is that the insurance company will often try to dispute the severity of the condition or argue that it predates the accident. Having medical documentation that clearly links your diagnosis to the crash, combined with legal representation that knows how to present that evidence effectively, is essential to recovering what you are owed.
Consulting a Maquoketa 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.