- Norwalk Motorcycle Accident Injury Attorneys
- Phone: 641-792-3595
- Directions
When disaster hits, motorcycle injury lawyers stand as resolute defenders for riders. Specializing in motorcycle accident cases, they adeptly navigate the legal landscape to secure justice and compensation for the injured.
Why You Should Talk to a Motorcycle Accident Attorney in Norwalk
When a motorcycle accident occurs, the last thing the victim and their family usually think about is taking legal action; instead, thoughts are typically focused on the victim’s injuries and recovery. While a motorcycle accident can be entirely overwhelming and emotional, meeting with a motorcycle accident attorney is imperative.
Damages from Serious Injuries
Even when motorcyclists wear proper safety gear, serious injuries are common. These injuries can include:
- Head and brain injuries
- Broken bone injuries
- Burn injuries requiring skin grafts
- Soft tissue injuries
These damages can be expensive, even if the motorcyclist has health and motorcycle insurance. If the injuries have a prolonged estimated recovery time, the rider may be unable to work and may need to pay for special therapy or healthcare. Having an attorney on your side can help you recover damages for all these expenses.
Gathering the Right Evidence
Part of recovering damages involves proving the fault of the other party. Evidence will be incredibly important to your claim. Types of evidence needed to show fault include:
- Physical evidence from the accident scene/pictures of physical evidence
- Medical documents, doctors’ statements, and medical bills
- Eyewitness testimony
- Police reports
- Key facts about another driver (history of driving offenses)
- Possible proof of intoxication of another driver
Negotiating with Insurance Companies
Who pays for your damages—your insurance company or the other driver—will depend on various circumstances, including who was at fault and the type of insurance you have. Regardless, having an attorney handle negotiations can be a relief. Often, insurance companies will attempt to offer settlement amounts that are far too small to cover adequate damages. An attorney’s advice and negotiating skills can prevent you from accepting an insufficient settlement.
A Legal Resource
An attorney serves as a resource for all legal questions about the accident, fault, and the types of damages you’re entitled to. If filing a personal injury lawsuit is in your best interest, an attorney can guide you through the process and the state’s statute of limitations (two years). Without firsthand knowledge of the insurance system, understanding what to do after an accident to ensure you get your full benefits amount isn’t always straightforward.
What Motorcycle Apparel to Wear to Avoid Motorcycle Burn Injuries
It’s no secret that motorcycle helmets can reduce the risk of head injuries, including skull fractures and brain damage, in the event of a motorcycle accident. However, less often considered but just as important is motorcycle apparel to reduce the risk of burn injuries. Burns can occur due to road rash, heat burns (contact with exhaust pipes or muffler), or chemical burns (involving gasoline). Serious burns can lead to complications, including permanent disfigurement.
Types of Motorcycle Apparel That May Reduce or Prevent Burn Injuries
A motorcyclist may not be able to prevent a crash, especially if caused by another driver’s negligence. However, wearing the right apparel can significantly reduce burn injuries.
- Heavy-duty jackets, pants, and gloves: These provide better protection from deep abrasions.
- Motorcycle boots: Offer more protection than other types of footwear.
- Specialized clothing: Some apparel contains impact-resistant material or armor to protect the rider in an accident.
- Eye protection: Important for keeping out debris and protecting against chemical spills that can cause eye injury.
Comfort is important, but with many styles and choices, there is no reason to compromise on safety. Protection from head to feet can reduce the risk of various types of physical harm in an accident, including burn injuries. If you’re in an accident, consult an Iowa attorney at Walker, Billingsley & Bair by calling (641) 792-3595.
How Helmet Use May Affect a Motorcycle Accident Claim in Iowa
Iowa is one of three states with no motorcycle helmet law. Despite the legal right to not wear a helmet, motorcyclists not wearing a helmet and suffering a head injury in a crash may be held partially liable for their injuries. Wearing a helmet can prevent traumatic brain and head injuries; choosing not to wear one may be seen as negligence.
Accident Scenarios Where Helmet Use May Affect Liability
Helmet use will not be relevant in all accidents. Liability is impacted mainly if the injury sustained is a head or brain injury that could have been prevented by wearing a helmet. For example, a leg injury would not be affected by helmet use. However, if a head or brain injury could have been prevented by a helmet, the injured motorcyclist may be considered partially negligent. Conversely, wearing a helmet can demonstrate caution and care.
Comparative Fault Laws in Iowa
A negligent act fails to exercise the proper degree of care and is not necessarily illegal. The defense may argue that a reasonable person would have worn a helmet, and not wearing one indicates a lack of proper care. Under Iowa’s comparative fault laws, damages recovered will be “diminished in proportion to the quantity of error attributable” to you. Proving the other party’s fault and that your injuries would have occurred regardless of helmet use, or would have been worse without a helmet, is crucial.
How to Prove the Negligence of the Other Driver
Negligence is critical in a motorcycle accident claim. If the accident would not have occurred but for the other person’s negligence, you need evidence to prove it. Types of evidence include:
- Police reports
- Lab tests (if the other driver was intoxicated/impaired)
- Witness testimony
- Photo evidence
- Video evidence
- Physical evidence
Since the other driver will try to prove your negligence, you should go to the hospital after even a minor accident and secure representation immediately. Following a motorcycle accident, your use—or lack thereof—of a helmet may affect your crash claim. To ensure you recover your full damages amount, consult an attorney. At Walker, Billingsley & Bair, we’re ready to advocate for you. Call us today at (888) 435-9886 or fill out our online contact form.
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.