Mount Vernon Motorcycle Accident Injury Attorneys

Motorcyclists are among the most vulnerable people on Iowa roads. Even the most cautious, experienced riders can find themselves seriously injured through no fault of their own when a distracted or aggressive driver fails to share the road. If you or a loved one has been hurt in a motorcycle accident in Mount Vernon, Iowa, understanding the nature of the injuries you may be facing and the critical steps to take in the days and weeks that follow can have a direct and lasting impact on your health and your legal claim.

According to the Iowa Department of Public Safety, motorcycle accidents accounted for only 2 percent of all road accidents in 2012, yet they resulted in 12 percent of serious, injury-related accidents and 14 percent of all accident fatalities. Those numbers tell a clear story: when motorcycles are involved in a crash, the consequences for the rider are almost always severe. At Walker, Billingsley & Bair, our motorcycle accident attorneys represent injured riders throughout Iowa and are committed to making sure every client receives the full compensation they are entitled to under the law.

Head Injuries and Concussions from Motorcycle Accidents

Head injuries are among the most serious and most common consequences of a motorcycle crash. Data collected by the Iowa Department of Transportation reported that there were 41 motorcycle fatalities in 2013, and 34 of them involved a motorcyclist who was not wearing a helmet. While wearing a helmet could save your life, Iowa does not require motorcyclists to wear one. That legal reality, however, comes with significant consequences when it comes to both personal safety and the way an injury claim is evaluated.

Types of Motorcycle Head Injuries

There is a wide spectrum of head injuries that motorcyclists can sustain in a crash. On the less severe end, a rider may suffer a concussion that improves after a couple of days. At the other extreme, a rider may end up in a coma following a traumatic brain injury in which the brain violently shifted within the skull. Some head injuries are penetrating injuries, in which an object becomes embedded in brain tissue. Intracranial hemorrhaging can occur when blood from the trauma pools in the brain, placing pressure on brain tissue and restricting blood flow. All of these conditions can be fatal if proper treatment is not administered immediately, and those who survive serious brain injuries often face long-term care and extensive rehabilitation.

The long-term consequences of a motorcycle head injury can be life-altering. Victims of a serious brain injury may experience any or all of the following:

• Communication problems
• Cognitive limitations
• Trouble with mobility and balance
• Fine motor skill limitations
• Hearing and vision problems
• Lost feeling in parts of the body
• Emotional and mental health problems, including depression and anxiety

The effects vary significantly from one patient to the next, depending on the type of head injury, the severity of the brain damage, and how quickly appropriate treatment was received.

Helmet Use and How It Affects Your Motorcycle Accident Claim

Because Iowa does not require motorcyclists to wear a helmet, riders exercise their legal right when they choose not to wear one. However, that choice can become an issue in a personal injury claim. In a case where a rider suffered a head injury without wearing a helmet, the defendant or their insurance company may argue that the motorcyclist's decision contributed to the severity of those injuries. This is a contributory negligence argument, and it can reduce the amount of compensation a rider is able to recover.

Under Iowa law, if a claimant is found to be contributorily negligent, their recoverable damages are reduced by their own percentage of fault. If their fault is found to exceed 50 percent, they cannot recover anything at all. It is important to note that helmet use is only relevant to head injuries specifically. If a rider suffers a leg injury in the same accident, the absence of a helmet would have no bearing on that part of the claim.

An experienced motorcycle accident attorney can gather and present evidence of the other driver's responsibility for the crash and address any arguments that the rider's helmet choice contributed to the injury. Proving the other party's liability clearly and completely is essential, and it is not something a seriously injured rider should attempt to navigate alone while also trying to recover.

Disfiguring Injuries from Motorcycle Accidents

Head injuries are not the only catastrophic outcome of a serious motorcycle crash. Disfiguring injuries are a very real and very painful consequence that many motorcycle accident victims face. Unlike the occupants of a passenger vehicle who are surrounded by metal, glass, and safety systems, a motorcyclist's body absorbs the full impact of a collision. Road rash, severe lacerations, burns, crush injuries, and even amputations are all possible outcomes of a serious crash.

Your Insurance Coverage and Third-Party Liability Claims

If you have been seriously injured or disfigured in a motorcycle accident in Mount Vernon, the first step is to review your own insurance coverage. Keeping complete coverage on your motorcycle is critical, because not every accident involves another vehicle. Weather conditions and unintentional driver errors can cause crashes where there is no other party to pursue. Having the right type of motorcycle insurance coverage ensures you can cover medical expenses and living costs while you recover.

If another driver caused your accident, you may also file a third-party liability claim against that driver's insurance. This opens up additional avenues for compensation that your own policy may not fully cover, particularly when injuries are severe or permanent.

Do Not Settle with the Insurance Company Before Talking to an Attorney

One of the most important pieces of advice for any motorcycle accident victim in Mount Vernon is this: never settle with an insurance company until you have obtained qualified legal advice. Insurance companies have lawyers and experts on their staff whose job is to resolve claims as quickly and as cheaply as possible. A quick settlement offer may sound reasonable in the immediate aftermath of an accident, but it is very rarely in the victim's best interest. When you are physically and emotionally recovering from a serious crash, you are not in a position to make sound judgments about the long-term value of your claim.

A reputable motorcycle accident attorney will handle all communications and negotiations with the insurance company so that you can focus entirely on getting better.

What Compensation May Be Available for Disfiguring Motorcycle Injuries

Victims of motorcycle accidents who have suffered serious or disfiguring injuries may be entitled to compensation for a broad range of damages. These can include:

• Medical bills, including emergency care and hospitalization
• Long-term care and the hiring of caregivers when necessary
• Physical therapy and rehabilitation
• Loss of earnings during recovery and any future loss of earning capacity
• Pain and suffering
• Emotional distress related to disfiguring injuries
• Future medical costs, including additional surgeries and ongoing treatment

In cases of extreme scarring or amputation of a limb, both emotional and physical therapy may be needed as part of the healing process. The possibility of future complications and long-term physical limitations must be considered when building a comprehensive compensation claim. An experienced attorney will make sure nothing is left on the table.

What If Your Motorcycle Accident Injuries Do Not Appear Right Away?

One of the most damaging mistakes a motorcycle accident victim can make is assuming that because they feel relatively okay immediately after a crash, they were not seriously injured. The reality is that many significant injuries do not produce obvious symptoms until hours or even days after the accident. Understanding why this happens, and what to do about it, is critical to both your health and the strength of your claim.

Why Symptoms Are Often Delayed After an Accident

After a motorcycle accident, your body's adrenaline may spike significantly, and other hormones like cortisol can be released, which temporarily mask pain. This is a well-documented physiological response to trauma. Just as muscle soreness from an intense workout does not appear until the next day, the pain from a crash injury may not surface until the adrenaline fades. Once you begin to feel that pain, you should seek medical care promptly to document your symptoms and begin your recovery.

Is It Too Late to Seek Care If You Waited More Than a Week?

If you waited before seeking medical care, you have not necessarily lost your claim, but delayed treatment will raise a red flag with the insurance adjuster assigned to your case. If you do seek care after a delay, make sure you clearly explain to your doctor when your pain began and why you did not seek immediate treatment. The delay will need to be accounted for, and having an accurate and consistent explanation in your medical records is important.

What is not acceptable is choosing not to seek care at all. Failing to go to the doctor after an accident can cost you your claim entirely. Emergency rooms, urgent care clinics, and even your regular doctor may be inconvenient to visit in the aftermath of a crash, but that inconvenience is nothing compared to the legal and financial consequences of going unexamined.

What If New Symptoms Develop After Initial Treatment?

It is common for motorcycle accident victims to develop new symptoms or receive new diagnoses in the weeks or months following their initial injury. For example, if you suffered severe neck pain that required surgery, the pain in your neck and radiating arm pain may have been masking an underlying shoulder injury. Once the neck heals and that pain resolves, the shoulder problem becomes apparent. You should report any new or worsening pain to your doctor as soon as it arises, and it should be documented in your medical records.

This pattern can also occur when compensating for one injury puts strain on other parts of the body. Someone recovering from a serious leg injury who begins walking with a limp may develop low back and hip pain as a direct result. These secondary conditions are still connected to the original accident, but establishing that connection legally requires a formal causation opinion from your treating physician. This is an area where having an experienced attorney is particularly valuable. A skilled lawyer will take the time to meet with your doctors in person to obtain the clear, legally sufficient causation opinions needed to support your full claim. A letter or a quick conversation that produces only a "possible" connection will not meet the legal standard of proof. The injured person must show that the connection was more likely than not caused by the accident, and your attorney should know how to get that opinion documented properly.

Consulting a Mount Vernon 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. 

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