• Newton Motorcycle Accident Injury Attorneys
  • Phone: 641-792-3595
  • Directions

Motorcyclists have considerably less protection than occupants of passenger vehicles. When a crash occurs, the consequences can be devastating. Head trauma, broken bones, spinal injuries, and road rash are among the most common outcomes, and each carries the potential for serious, long-term harm. Riders in Newton and Jasper County who have been injured in a motorcycle accident deserve to understand exactly what their injuries mean medically, how Iowa's laws affect their right to recover compensation, and what steps they need to take to build a winning claim.

The motorcycle accident attorneys at Walker, Billingsley & Bair serve clients throughout Newton and the surrounding communities from an office at 208 North 2nd Ave. West. This guide covers the three areas that matter most after a Newton motorcycle accident: the serious nature of head injuries and what Iowa law means for helmet-related fault arguments, how to recognize and pursue a broken bone claim, and how to properly build and file your injury case to recover the full compensation you deserve.

Motorcycle Head Injuries and Concussions: What Iowa Riders Need to Know

Head injuries are among the most serious and life-altering outcomes of a motorcycle accident. Data collected by the Iowa Department of Transportation found that out of 41 motorcycle fatalities in a single recent year, 34 involved a motorcyclist who was not wearing a helmet. A helmet can save your life. Iowa, however, does not require motorcyclists to wear one, and that legal reality creates a complex situation when it comes to head injury claims.

Types of Head Injuries in Motorcycle Crashes

Head injuries in motorcycle accidents span a wide range of severity. At the less serious end, a motorcyclist may suffer a concussion that improves after a couple of days of rest. At the most severe end, a rider can end up in a coma with a traumatic brain injury that permanently alters every aspect of daily life. Many head injuries from motorcycle accidents are traumatic brain injuries in which the brain has violently moved around within the skull. Others are penetrating injuries, where an object becomes embedded in brain tissue.

Intracranial hemorrhaging is another serious risk. This occurs when blood from the trauma pools inside the brain and places pressure on brain tissue, restricting blood flow. All of these conditions can be fatal if proper treatment is not administered immediately. Motorcycle accident victims require immediate emergency care, and those who suffer serious head injuries require long-term care and rehabilitation. The resulting medical bills can be extensive, and victims may pursue compensation for those costs in an injury claim against the at-fault driver.

Long-Term Consequences of a Motorcycle Head Injury

Like any form of severe head trauma, the consequences of a head injury sustained in a motorcycle accident can extend far beyond the initial hospitalization. The effects will vary from one patient to the next depending on the type of injury and the degree of damage, but victims of a brain injury may experience a wide range of lasting impairments. These can include communication problems, cognitive limitations, trouble with mobility and balance, fine motor skill limitations, hearing and vision problems, lost feeling in parts of the body, and emotional and mental health problems such as depression and anxiety. In the most serious cases, these effects are permanent and prevent the injured person from returning to work or living independently.

How Iowa's Helmet Laws Affect Your Head Injury Claim

Iowa does not require motorcyclists to wear a helmet, which means choosing not to wear one is perfectly legal. However, the absence of a helmet can still become a factor in a head injury claim. A defendant may argue that the motorcyclist's decision not to wear a helmet contributed to the severity of the head injuries sustained, and that argument can affect how much compensation is awarded.

Iowa follows a modified comparative negligence system. Under this framework, claimants can recover damages even if they bear some responsibility for their injuries, provided their share of fault does not exceed 50 percent. Damage awards are reduced in proportion to the claimant's assigned degree of fault. So if a rider was found 10 percent responsible for the severity of a head injury due to not wearing a helmet, and the total damages were $50,000, the final award would be reduced to $45,000. If the claimant's fault is determined to be more than 50 percent, recovery is barred entirely.

Importantly, helmet use is only relevant when the injury involves the head. If a rider suffered a leg injury, for example, the decision not to wear a helmet has no bearing on that injury or its resulting claim. An experienced attorney can push back against overreaching fault arguments and ensure the helmet issue is only applied where it legitimately belongs. Proving the other driver's liability for the accident itself remains the most important task, and an attorney can gather and present the evidence needed to do that effectively.

Broken Bones from a Motorcycle Accident: Recognizing the Injury and Recovering Compensation

According to the Iowa Department of Transportation, there were more than 1,000 motorcycle injury crashes in Iowa in a single recent year. Among the most common injuries motorcyclists sustain in these crashes are broken bones. While many fractures can be remedied with proper medical care, others lead to long-term complications and lasting impairment. Understanding the nature of these injuries and what your legal options are is an important first step after any Newton motorcycle accident.

Signs and Symptoms of a Broken Bone

The most distinct sign of a broken bone is intense pain at the affected area. Other symptoms that may indicate a fracture include swelling, bruising, bleeding, limited mobility at the injury site, numbness, tingling, broken skin with a protruding bone, and a visibly misshapen or out-of-place limb or joint. Any combination of these signs after a crash warrants immediate medical evaluation. Waiting to seek care not only delays treatment but can also create gaps in your medical records that the insurance company will later use against you.

Which Bones Are Most Commonly Broken in Motorcycle Accidents

Motorcyclists have very little protection when a crash occurs. Whatever protective gear a rider is wearing is largely all that stands between their body and the road, another vehicle, or a fixed object. The bones most commonly broken in a motorcycle accident depend on a combination of factors, including the severity of the crash, the angle of impact, the speed at which the motorcyclist was traveling, and which part of the body sustained the direct blow.

Rib fractures are common when a rider's torso strikes the ground, another vehicle, or an object at the scene. Collarbone, leg, arm, spine, and pelvis fractures are also frequently seen in motorcycle accident cases. Spinal breaks deserve particular attention. If a fracture of the spinal column disturbs the spinal cord in any way, the resulting injury can be severe and permanent, including the possibility of paralysis. Even fractures that do not involve the spine can cause future complications. Post-traumatic arthritis, for example, can develop later in life at the site of a previously broken bone, creating ongoing pain and reduced function long after the original injury has healed.

Treatment and Recovery for Motorcycle Fractures

Treatment for a broken bone varies considerably depending on the location and severity of the fracture. Cast immobilization is typically used for breaks in the limbs, such as arms and legs. A functional cast or brace may be appropriate for minor breaks. More serious fractures may require surgery to properly realign and stabilize the bone. The recovery period can range from weeks to many months, and in cases involving severe breaks, extensive rehabilitation may be necessary before a rider can return to normal activity or work.

The financial costs associated with a serious fracture, including emergency care, imaging, surgery, follow-up visits, physical therapy, and potential future procedures, can be substantial. Iowa law requires that a motorcycle injury case be filed within two years of the injury occurring if the victim wants to recover damages. That deadline means there is no time to delay in speaking with an attorney after a crash.

Filing a Motorcycle Accident Injury Claim in Iowa

Recovering compensation after a motorcycle accident requires proving that the other driver was at fault. In the most fundamental terms, this means showing that the other driver committed an act that breached their duty to operate their vehicle in a safe and reasonable manner, and that this breach of duty directly caused the motorcycle accident and the injuries that followed.

How Other Drivers Cause Motorcycle Accidents

Some drivers simply do not account for motorcyclists when making decisions behind the wheel. A driver who does not check for bikes when turning left, for example, may pull directly into the path of a motorcycle coming straight through an intersection. This kind of collision frequently causes serious injury. Lane changes made without checking mirrors or blind spots are another common cause of motorcycle crashes. In each of these situations, the driver's failure to exercise reasonable care is the foundation of a negligence claim.

What Evidence Is Needed to Prove Negligence

To successfully establish that the other driver acted negligently, a case must be supported by solid evidence. A police report that identifies the cause and circumstances of the collision and documents any citations issued to either driver, such as improper turn or speeding citations, is among the most valuable pieces of evidence available. Photographs of the accident scene and the injuries sustained, video footage of the collision if available, eyewitness statements, and the condition of the damaged vehicles are all important forms of supporting evidence as well.

In preparing your case, there are three things every injured motorcyclist should make sure to do. Keep all scheduled medical appointments, contact the insurance company to report the accident, and retain all documents and communications related to the crash. Failing to attend medical appointments, in particular, gives the insurance company grounds to argue that the injuries were not serious or that recovery was already complete.

Damages Available in a Newton Motorcycle Accident Claim

Iowa law allows injured motorcyclists to recover both economic and noneconomic damages in a successful claim. Economic damages cover current and future medical bills as well as current and future lost income. This is especially important in catastrophic injury cases involving brain or spinal cord injuries that may require ongoing home care or additional surgeries far into the future. Failing to account for those future costs at the time of settlement can leave a seriously injured rider without adequate resources for the care they need.

Noneconomic damages are also recoverable. These include compensation for pain and suffering, mental anguish, and reduced quality of life. The full value of a motorcycle accident claim often depends on how thoroughly these categories of loss are documented and presented, and that is where the guidance of an experienced attorney makes a genuine difference in the outcome.

It may not be in your best interest to accept the initial offer from the insurance company. Insurance companies routinely make early settlement offers that do not reflect the full value of a claim, particularly when serious injuries or significant future costs are involved. Speaking with an attorney before accepting any offer protects your right to fair compensation.

Consulting a Newton 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

More Info on Newton Attorneys