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A motorcycle accident can leave a rider facing catastrophic injuries, mounting medical bills, and difficult questions about who is responsible for the crash. Motorcyclists have far less protection than someone in a passenger vehicle, and injuries such as spinal cord damage can bring lifelong complications. Below, the Onawa motorcycle attorneys at Walker, Billingsley & Bair explain how to prove another driver's fault, what spinal cord injuries can mean for a rider, and who should pay your medical bills while your claim is pending.
Filing a Claim for Motorcycle Accident Injuries
To recover damages in an injury claim after a motorcycle accident in Onawa, a rider needs to prove that the other driver was at fault. In the most basic terms, this means the other driver committed an act that breached their duty to drive in a safe, reasonable manner to prevent injury to others, and that this negligence led to the motorcycle accident.
How Do I Establish the Other Driver's Negligence?
Some drivers may not account for motorcyclists when changing lanes and driving in general. For example, a driver may 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, a 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, such as improper turn or speeding citations, issued to either driver.
Photos and Video
Photos of the scene and injuries, along with video footage of the accident, can help establish exactly how the crash happened.
Eyewitness Statements
Statements from people who saw the crash unfold can be some of the most valuable evidence in a motorcycle accident claim.
The Damaged Vehicles
The vehicles involved in the accident, including the damage patterns on the motorcycle and the other vehicle, can also serve as evidence of fault.
How Do Negligence and Helmet Laws in Iowa Affect My Case?
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 his or her 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. This depends on the specific circumstances of the case, and on whether the injury would have occurred regardless of a particular safety precaution.
Motorcycle Accidents and Spinal Cord Injuries
Spinal cord injuries are one of the most serious types of injuries riders sustain, affecting approximately 11 percent of motorcycle accident victims, according to a St. James University Hospital study published in the Journal of Trauma and Acute Care Surgery. Motor vehicle accidents are the most common cause of spinal cord injuries overall, accounting for 40 percent of all new spinal injury cases, according to the Mayo Clinic.
Causes and Types of Spinal Cord Injuries
Upon collision, a rider's vertebrae can become damaged. One or more vertebra can become crushed, compressed, or dislodged, causing the injury. In some instances, damaged ligaments or spinal discs can affect the spinal cord as well.
Complete Spinal Cord Injury
When doctors deem an injury complete, it means the rider has experienced a total loss of sensation and movement below the site of the injury.
Incomplete Spinal Cord Injury
With an incomplete injury, some loss of sensation and function occurs, but it is not total. There are varying degrees of incomplete spinal cord injuries, and it can sometimes take weeks or months to determine the extent to which the victim's condition will remain.
In the St. James University Hospital study, researchers found that isolated injuries to the spine occurred in over 23 percent of riders, while multiple vertebral levels, including the cervical, thoracic, and lumbar regions, were affected in over 42 percent of riders. The thoracic spine was the most commonly injured area, occurring in 54.8 percent of cases, followed by the lumbar spine at 30 percent and the cervical spine at 27 percent. Neurologic injury occurred in nearly 20 percent of the accidents studied.
Complications That Spinal Cord Injury Victims Face
After a spinal cord injury, there are numerous changes in body function that can cause health complications, including blood clots, pressure sores, breathing difficulties, uncontrolled muscle movements, loss of bladder or bowel control, increased risk of urinary and kidney infections, blood pressure problems, susceptibility to lung problems and pneumonia, muscle atrophy, weight issues, sexual and reproductive function issues, and muscle, joint, and nerve pain.
The Dangers of Undiagnosed Vertebrae Fractures
Undiagnosed compression fractures can lead to serious long-term complications, including kyphosis, or curvature of the spine, which causes deformity and can compress organs. Other complications include chronic pain, reduced physical function, impaired lung function, decreased ability to perform daily activities, and depression, anxiety, and decreased enjoyment in life. If vertebral fractures are left untreated, painful symptoms increase over time and can eventually cause disability. In many cases, compression fractures are hairline and may not initially show up on X-rays, so treatment can require persistence on the patient's part.
Mental and Emotional Impact of Spinal Cord Injury
Spinal cord injuries do not only take a physical toll. According to a study published in the Australian and New Zealand Journal of Psychiatry, there was a two-fold increase or more in the probability of an emotional disorder in spinal injury victims. Researchers at the Monash University Center for Developmental Psychology and Psychiatry found that nearly half of spinal cord patients wind up suffering from mental health problems, including depression in 37 percent of cases, anxiety in 30 percent, clinical-level stress in 25 percent, and post-traumatic stress disorder in 8.4 percent of cases.
If an Onawa rider or a loved one has suffered a spinal cord injury in a motorcycle accident, hundreds of thousands of dollars in medical bills may follow. New treatments are becoming available for spinal injury victims, but they are often very expensive. If someone else was liable for the accident, an attorney can help explore possible options for restitution.
Who Should Pay My Medical Bills?
Who pays your medical bills after a motorcycle accident is often confusing for Onawa victims. In Iowa motorcycle and car accident cases, it is rare for the at-fault party's insurance company to make payments for medical bills as they are incurred. This is true even if their liability is obvious and they have already paid for property damage. Insurance companies routinely make payments only at the time of a final settlement, when they can obtain a release. Because of this, an Onawa rider should not expect the at-fault party's insurance company to pay medical bills as they come in, and should instead look to other means of covering those costs.
| Coverage Source | How It Applies |
|---|---|
| Your Own Health Insurance | May come from an employment benefits package or a policy you have paid for personally |
| A Spouse's or Parent's Health Insurance | Coverage obtained by a spouse for your benefit, or by parents if you are under age and living with them |
| Medical Payments Coverage | Available from your own motorcycle or auto policy if you were riding or a passenger at the time of the crash |
| HealthCare.gov or Medicaid | Programs under the Affordable Care Act, if you are not otherwise covered under an insurance plan |
- If none of these options apply, personal funds may be used to pay medical bills as they are incurred, if you are able to do so.
- When there are insufficient funds to pay doctors, hospitals, and other medical providers, an attorney can help facilitate assignments where the client authorizes the attorney's office to pay the medical provider directly from any eventual settlement or verdict.
- This often satisfies the health provider, who will frequently wait until the time of settlement rather than pursue collection.
- Keep in mind that almost all insurance policies have a subrogation provision, which means the insurer requires reimbursement if you obtain money for your medical bills from another party or insurance company.
Protecting Your Onawa Motorcycle Accident Claim
Whether an Onawa rider is working to prove another driver's negligence, facing the long-term effects of a spinal cord injury, or trying to figure out who should pay medical bills while a claim is pending, understanding the process is essential to protecting a claim. Motorcycle accidents often bring catastrophic injuries and complicated insurance questions that are best handled with professional guidance from the very start.
Consulting a Onawa 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.