Marion Motorcycle Accident Injury Attorneys

In times of tragedy, motorcycle injury attorneys stand firm as advocates for riders. With specialized knowledge of motorcycle accidents, they navigate the legal complexities to ensure injured riders receive fair justice and compensation.

A motorcycle accident can leave victims and their families reeling. Motorcyclists have considerably less protection compared to other drivers, making them vulnerable to catastrophic injuries such as head trauma, spinal cord injuries, road rash, and fractures. They may also face financial burdens and emotional damages. 

To recover damages in an injury claim after a motorcycle accident in Iowa, you need to prove that the other driver was at fault. This means demonstrating that the other driver committed an act that breached their duty to drive in a safe, reasonable manner to prevent injury to others. The negligence must have led to the motorcycle accident.

Establishing the Other Driver’s Negligence

Some drivers may not account for motorcyclists when changing lanes and driving in general. For example, a driver might not check for bikes when turning left. If a motorcycle is coming straight through the intersection, it can lead to a serious collision.

To prove that the other driver acted negligently, your case must present valid evidence. This can include:
- A police report that indicates the cause and circumstances of the collision as well as any citations issued.
- Photos of the scene and injuries.
- Videos of the accident.
- Eyewitness statements.
- The damaged vehicles involved in the accident.

As you prepare for your case, ensure you or your loved one:
- Keeps all medical appointments.
- Contacts the insurance company.
- Keeps all documents and communications pertaining to the accident.

Negligence and Helmet Laws in Iowa

Iowa does not have a helmet law, so motorcyclists who did not wear a helmet are not in violation of any laws. However, failure to wear a helmet still may affect an injury claim in some cases, particularly if the rider injured their head in the accident.

Iowa follows a modified comparative negligence system in which claimants can recover damages, even if they are partially at fault, provided they are no more than 50 percent at fault for an accident. Damage awards are reduced by the individual’s percentage of fault.

For instance, if a rider wasn’t wearing a helmet and suffered a head injury when another driver merged into their lane, the rider may be assigned a percentage of fault for the injury based on the decision not to wear a helmet. If deemed 10 percent responsible and the rider suffered $50,000 in damages, the award is reduced to $45,000. However, this depends on the case specifics and whether the injury would have occurred regardless of helmet use.

Helmet use won’t be a factor for a rider who suffers road rash on their leg, as the helmet would not have protected the leg from injury. Consult with your attorney about your case’s details to understand how this may affect your claim.

Recoverable Damages in a Motorcycle Accident Claim

Economic damages in a motorcycle accident can cover, but are not limited to, current and future loss of income and medical bills. Catastrophic injuries can require significant future medical care – such as home care for brain or spinal cord injury or additional surgeries – so it’s important to account for this when calculating losses.

Noneconomic damages are also recoverable. This includes pain and suffering, mental anguish, reduced quality of life, and others.

Walker, Billingsley, & Bair provide an Iowa Consumer’s Guide to Motorcycle Crashes to reveal popular myths and truths about motorcycle accidents and resultant claims. If you need help with your motorcycle accident claim in Iowa, call us at (888) 435-9886 for your FREE consultation.

Types of Motorcycle Burn Injuries

There are several types of motorcycle burn injuries: road rash, exhaust burns, windburn, and fires. Each type of burn injury discussed below comprises various causes and circumstances. Regardless of the injury nature, any serious burn requires immediate medical attention.

Road Rash Injuries

Road burn injuries, also known as road rash, occur when the skin scrapes along the road after being thrown from or dragged by the bike during a motorcycle accident. When the skin scrapes against pavement or gravel, serious injuries can occur that require hospitalization and long periods of healing.

There are three basic types of road burn injuries:
- Deep Scrapes: High-speed body scrapes on the pavement may require stitches. Open wounds and other burn injuries have a high infection risk, necessitating special care.
- Bruising and Compression Injuries: If the rider gets caught between their bike and the road, serious bruising and crushing injuries can occur.
- Avulsion Injuries: Several skin layers may be damaged, exposing and harming underlying muscle or fat tissue. Serious skin burns may require surgery and skin grafting.

Exhaust Burns

Exhaust burns occur when the rider or passenger accidentally makes contact with the exhaust pipe. These injuries can be extremely painful and cause permanent scarring.

Researchers at Athens University Medical School in Greece published a study in *Burns* on exhaust burn injuries from motorcycle accidents and compiled the following data:
- Most exhaust burn injuries occurred below the knee on the right leg.
- The passenger sustained more than 70 percent of the injuries.
- More than 65 percent of victims sustained second-degree burns.

Windburn

Windburn occurs when the force of the wind damages the outer skin layer. It can be very painful and cause the skin to burn more easily in sunlight. Windburn is unsightly and causes painful, dry, itchy skin. Wearing a helmet with a visor could help keep the wind off the face while riding.

Burns from Collisions

A mechanical or gas fire can cause motorcycle burn injuries. Upon collision, gasoline or other fluids can ignite, causing explosions that can lead to serious, sometimes life-threatening injuries. Combustion, fluid leaks, and faulty wiring may all be factors in a motorcycle fire.

Burn injuries are categorized as first-, second-, and third-degree burns, and physicians will treat them accordingly. Riders who’ve sustained burns need to speak to their doctors about the risks of complications, including scarring, infections, and damaged nerve issues.

The Rising Incidence of Motorcycle Crashes

Over the past 10 years, more motorcycle riders have been getting injured or killed on roadways. Historically, August is one of the worst months for motorcycle riders. Although there are more motorcycle riders on the roads than there were 10 years ago, a sobering fact is that while motorcycles account for less than 1% of all vehicle miles in Iowa, they represent a much larger percentage of crashes. Motorcycle riders account for 14% of fatalities and 16% of severe injuries each year in Iowa.

Motorcyclists are more vulnerable on the roadways as there is very little protection for the rider. After a motorcycle accident, the injured rider needs good advice about dealing with medical providers, insurance companies, etc. It is a common misconception that if the other driver is at fault, their car insurance will automatically cover the medical bills and expenses of the injured rider.

Protecting Yourself and Your Claim

1. Seek Treatment Immediately and Report All Injuries: If you are hurt, go immediately to the emergency room or your doctor. Failing to seek medical treatment can not only result in more severe injuries but will also be used against you in your claim. Make sure to inform your medical providers about all injured areas and the pain and limitations you are experiencing due to the motorcycle accident.

2. Don’t Rush to Settle Your Claim: Insurance companies may offer you a few thousand dollars to settle your case, which can be tempting. However, signing the release and agreeing to the settlement may result in paying for your medical care and treatment out of pocket or reimbursing your health insurance company.

3. Don’t Give a Recorded Statement or Sign Anything: Insurance adjusters are trained to ask questions that can later be used against you. Giving a recorded statement seldom helps your case and often can hurt it. Signing forms for an insurance company gives them access to information that may have nothing to do with the accident and may result in them discovering information that can be used against you.

4. Documentation: Keep copies of work excuses, verification of time off work, lost pay, medical bills and records, police reports, and document in a journal each day how you are feeling.

5. Never Exaggerate Your Injuries: Your medical records should provide information about your injuries, as long as you tell your providers everything that hurts. Exaggerating your injuries can severely damage the value of your case.

6. Talk to an Experienced Injury Attorney Before Settling: Insurance adjusters settle claims for a living. You need a professional on your side to defend your rights and protect you from being ripped off by an insurance company. Before considering a settlement, consult with a qualified injury attorney to understand your rights, other potential sources of recovery, and issues dealing with medical bills and subrogation.

If you need help with your motorcycle accident claim in Iowa, contact Walker, Billingsley, & Bair at (888) 435-9886 for your FREE consultation. They provide comprehensive guidance and representation to ensure that you receive the compensation you deserve.

Consulting a 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.