Marshalltown Motorcycle Accident Injury Attorneys

When tragedy occurs, motorcycle injury attorneys act as determined defenders for riders. With expertise in motorcycle accidents, they adeptly handle legal complexities to secure justice and compensation for injured riders.

Motorcycle accidents can result in serious injuries, especially to the head and body. With no helmet laws in Iowa, motorcyclists are particularly vulnerable to head injuries. Below, we explore the various types of injuries motorcyclists may suffer, how helmet use affects accident claims, and why consulting an attorney is crucial for pursuing compensation.

Motorcycle Head Injuries and Concussions

Motorcycle accidents often result in head injuries, ranging from mild concussions to severe traumatic brain injuries (TBIs). According to the Iowa Department of Transportation, 41 motorcycle fatalities occurred in 2013, 34 of which involved riders who were not wearing helmets. Despite the potential life-saving benefits, helmets are not required in Iowa.

Types of Head Injuries

Motorcyclists involved in accidents may suffer various types of head injuries:

- Concussions: A mild traumatic brain injury that may resolve in a few days.
- Traumatic Brain Injury (TBI): A severe injury where the brain violently moves within the skull, which can lead to long-term impairment or coma.
- Penetrating Injuries: An object penetrates the skull, causing direct damage to brain tissue.
- Intracranial Hemorrhaging: Blood pools in the brain, creating pressure and restricting blood flow, which can be fatal without immediate treatment.

These injuries require urgent medical care, and victims often face long-term rehabilitation, resulting in significant medical bills. When another party is at fault, victims may seek compensation to cover these costs.

Long-Term Consequences of Head Injuries

Head injuries can lead to a range of long-term consequences, including:

- Communication problems
- Cognitive limitations
- Mobility and balance issues
- Fine motor skill difficulties
- Hearing and vision problems
- Emotional and mental health challenges, such as depression and anxiety

The severity and type of head injury will determine the specific long-term effects. In serious cases, victims may require lifetime care and rehabilitation.

Burn Injuries from Motorcycle Accidents

Motorcyclists are also prone to burn injuries, which can occur from various sources like road rash, exhaust burns, windburn, and fires caused by collisions.

Road Rash

Road rash, also known as road burn, happens when a motorcyclist is thrown from the bike, and their skin scrapes along the pavement. There are three levels of road rash severity:

- Deep Scrapes: May require stitches and pose a high risk of infection.
- Bruising and Compression Injuries: These can result in crushing injuries if the rider is trapped between the bike and the road.
- Avulsion Injuries: Damage that goes beyond the skin, potentially affecting underlying muscle or fat tissue, sometimes necessitating surgery and skin grafts.

Exhaust Burns

Exhaust burns are common when a rider or passenger comes into contact with a hot exhaust pipe. These injuries can be extremely painful and may lead to permanent scarring.

Windburn

Windburn occurs when the wind damages the outer skin layer, causing dryness, redness, and increased sensitivity to sunlight. Wearing a helmet with a visor can reduce the risk of windburn.

Burns from Fires

Collisions can result in fires caused by gas leaks, faulty wiring, or explosions. These burns range in severity from first-degree to third-degree burns, requiring specialized treatment. Victims must remain vigilant about infection and scarring risks.

The Legal Implications of Helmet Use in Iowa

Although Iowa does not require helmets, the decision not to wear one may affect a rider's ability to recover damages if they sustain head injuries. In legal terms, not wearing a helmet may be considered contributory negligence.

Accident Scenarios and Liability

In accidents where a motorcyclist suffers a head injury, the defense may argue that not wearing a helmet contributed to the severity of the injury. For example, if a motorcyclist suffers a traumatic brain injury that could have been prevented by wearing a helmet, they may be found partially negligent. However, if the injuries are unrelated to the head (e.g., leg injuries), helmet use would not factor into liability discussions.

Iowa’s Comparative Fault Laws

Under Iowa's comparative fault laws, a rider's negligence reduces the compensation they can recover in proportion to their degree of fault. If the rider is found to be more than 50% at fault, they cannot recover any damages. For this reason, proving the other driver's negligence is critical in motorcycle accident claims.

Proving Negligence

To successfully claim compensation, the injured motorcyclist must prove the other party’s negligence. Evidence that can support a claim includes:

- Police reports
- Lab tests (e.g., proving the other driver was intoxicated)
- Witness testimony
- Photographs and video footage
- Physical evidence from the accident scene

By compiling strong evidence, motorcyclists can counter claims of contributory negligence, especially in cases involving head injuries and helmet use.

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.