- Marengo Motorcycle Accident Injury Attorneys
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A motorcycle accident can leave Marengo riders and their families reeling. Motorcyclists have considerably less protection compared to other drivers, which can leave them vulnerable to catastrophic injuries like head trauma, spinal cord injuries, road rash, and fractures. They may also face significant financial burdens and emotional damages. Below, we cover how motorcycle versus car crashes typically happen and how a Marengo rider can help prevent them, what it takes to prove negligence and file a claim after a crash, and what to do if your injuries do not show up until later.
Motorcycle vs. Car: Understanding the Risks on Marengo Roads
A motorcycle lacks the crash worthiness and protection of today's cars. A car has much more weight and mass than a motorcycle. It has a roll cage area, a roof, airbags, and seatbelts, and it is more stable because it has four wheels. Because of its size, a car is also easier to see than a motorcycle. However, what a motorcycle sacrifices in these areas is somewhat offset by its ability to stop and turn quickly when necessary, if the rider has been properly trained.
How Can I Prevent a Crash From Happening?
Training is the number one thing a Marengo rider can do to reduce the chances of being in a crash and the severity of injuries if a crash does happen, since a large share of riders involved in accidents are essentially without formal training and are self-taught or learned from family or friends. Riders should also never drink and drive, since alcohol use by the rider is involved in a substantial share of fatal motorcycle crashes. Excessive speed is another major factor in motorcycle crashes, whether it is taking a corner too fast or not leaving enough distance to stop when a car pulls out unexpectedly. Proper maintenance also matters. While vehicle failure accounts for only a small share of motorcycle crashes, many of those are single vehicle accidents where the rider lost control because of a flat tire, and losing control at high speed often results in serious injury.
Common Crash Scenarios and How to Avoid Them
A well known 1981 motorcycle safety study called the Hurt Report identified some of the most common ways motorcycle and car crashes happen and offered suggestions for avoiding them.
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 in front of them at an intersection, often because the driver is distracted, on a phone, or simply not looking for motorcycles. Riders should approach intersections with caution, watch for a gap in traffic, a driveway, or a parking lot that may signal an oncoming turn, and look at the wheels of an approaching vehicle rather than the vehicle itself, since the wheels give the first sign of movement. Riders should slow down as they approach an intersection and be ready to apply the brakes and take evasive action. Avoiding laying the bike down and instead keeping it upright while applying both brakes properly is usually the safer choice, since reducing speed as much as possible before impact, even by 10 to 20 miles per hour, can make a significant difference.
A car changes lanes into you. A motorcycle can easily sit in another driver's blind spot, and not everyone is looking for motorcycles. Riders should be aware of where blind spots lie and spend as little time in them as possible. A good rule of thumb is that if a rider can see a driver's eyes in their mirrors, that driver can see the rider too. Riders should be extra careful when traffic is slowing in one lane, since that is when lane changes become more likely, and should watch for turn signals or a driver's head turning to check mirrors as warning signs.
A car hits you from behind. Coming to a stop at a red light or stop sign only for the driver behind to fail to notice stopped traffic can be a minor fender bender for two cars, but it can be deadly for a motorcyclist. Riders should consider installing brake lights that flash when the brakes are applied, stop toward the side of the lane rather than the center, keep the motorcycle in gear with a hand near the throttle, and stay alert to vehicles approaching from behind so they can move if needed.
Should I Wear a Helmet?
Iowa is one of the few states in which riders have the right not to wear a helmet. Although it may feel more freeing to ride without one, Marengo riders should make an informed decision. Statistics show that a helmet is the most important safety device a rider has. Motorcycle helmets have a hard outer shell that protects the brain and distributes the force of an impact, and newer helmets include an inner liner that further absorbs that force. Wearing a helmet significantly reduces the chance of a disabling or deadly brain injury. Riders should make sure any helmet they choose meets federal safety standards, and should also keep in mind that most other states require helmet use, which matters for anyone riding beyond Iowa's borders.
Filing a Claim for a Marengo Motorcycle Accident
To recover damages after a motorcycle accident, a Marengo rider needs to prove that the other driver was at fault. In basic terms, this means the other driver committed an act that breached their duty to drive in a safe, reasonable manner to prevent injury to others, and that this negligence led to the crash.
How Do I Establish the Other Driver's Negligence?
Some drivers fail to account for motorcyclists when changing lanes or turning. For example, a driver may not check for bikes when turning left, and if a motorcycle is coming straight through the intersection, a serious collision can result. To prove negligence, a case must present valid evidence, which can include a police report indicating the cause and circumstances of the collision, any citations issued to either driver, photos of the scene and injuries, video of the accident, eyewitness statements, and the damaged vehicles themselves. As you prepare a claim, it is important to keep all medical appointments, contact the insurance company, and keep all documents and communications related to the accident.
How Do Negligence and Helmet Laws Affect My Case?
Iowa does not have a helmet law, so a Marengo motorcyclist who was not wearing a helmet is not in violation of any law. However, the choice not to wear a helmet may still affect an injury claim in some cases, particularly if the rider suffered a head injury in the crash. Iowa follows a modified comparative negligence system in which a claimant can recover damages even if partially at fault, provided they are no more than 50 percent at fault for the accident, though the damage award is reduced by that percentage of fault. Whether helmet use plays a role in a case depends heavily on the type of injury involved. For example, helmet use would not be a factor for a rider who suffers road rash on the leg, since a helmet would not have protected that part of the body. Talking with an attorney about the specific details of a case is the best way to understand how helmet use may or may not affect it.
What Types of Damages Might I Recover?
Economic damages in a motorcycle accident claim can include current and future loss of income and medical bills. Catastrophic injuries may require significant future medical care, such as home care for a brain or spinal cord injury or additional surgeries, so it is important to account for these long term needs when calculating losses. Noneconomic damages are also recoverable and may include pain and suffering, mental anguish, and reduced quality of life.
Building a Strong Motorcycle Accident Claim
Proving negligence after a crash near Marengo depends on solid evidence and a clear understanding of how Iowa's comparative negligence and helmet laws apply to your motorcycle accident claim.
What If My Motorcycle Accident Injuries Don't Appear Right Away?
Sometimes a Marengo rider will not feel pain until later the same day or even the next day after a crash. Regardless of when pain begins, it is important to seek medical care and treatment as soon as symptoms appear. Often, adrenaline spikes immediately after an accident, and hormones like cortisol can be released, which temporarily masks pain. Anyone who has ever worked out too hard knows that muscle soreness sometimes does not show up until the next day. What matters most is that once pain begins, a rider promptly seeks medical care to document the injury and begin the healing process.
Waiting more than a week to seek medical care does not necessarily mean it is too late to pursue a claim, but it can raise a red flag for the insurance adjuster handling the case. It is important to tell the treating doctor when the pain started and to explain why medical care was not sought immediately. Failing to seek treatment at all, however, can seriously damage a claim.
It is also common for one injury to mask another. For example, a rider might have such severe neck and arm pain after a crash that it hides an underlying shoulder problem, which only becomes apparent once the neck injury is treated. Similarly, a rider recovering from a leg injury may develop back or hip pain once they are up walking again, often with a limp. Any new pain or problem that develops after the initial injury should be reported right away, since it is common for secondary issues to surface once the more obvious injury has been addressed.
Establishing that these later developing conditions are connected to the original motorcycle accident typically requires a causation opinion from a treating doctor. An opinion that a connection is merely "possible" is generally not enough in the legal system, since an injured person carries the burden of proving that a condition was more likely than not caused by the accident. Because of this, it often helps to have an attorney who is experienced at working directly with doctors to obtain a clear and useful causation opinion rather than relying on a brief letter alone.
Delayed Symptoms Are Common, but Documentation Matters
Whether your pain showed up immediately or days after your motorcycle accident, prompt medical care and clear communication with your doctor about when symptoms began can make a real difference in your Marengo injury claim.
Consulting a Marengo 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.