Pocahontas Motorcycle Accident Injury Attorneys

When negligence leads to a motorcycle crash near Pocahontas, the aftermath can bring fractures, road rash, and brain and spinal cord injuries. A proficient motorcycle accident attorney stands ready to help victims seek rightful compensation to lessen the physical, emotional, and financial repercussions. Before you can recover that compensation, though, it helps to understand how Iowa's helmet laws may affect your claim, what kinds of injuries are common, and how to get your medical bills paid while your case is pending.

How Helmet Use May Affect a Pocahontas Motorcycle Claim

Iowa is one of only a few states in the nation that has no motorcycle helmet law. However, despite the fact that a motorcyclist may be within his or her legal right not to wear a helmet, a rider who is not wearing one and suffers a head injury in a motorcycle crash may be held partially liable for their wounds. It is a well-known fact that wearing a helmet can prevent traumatic brain and head injuries in the event of an accident, so choosing not to wear one may be considered an act of negligence.

When Does Helmet Use Actually Matter?

The use of a helmet will not be a relevant factor in determining liability in every accident. Liability will probably only be impacted if the injury you sustained is a head or brain injury. For example, if you were in a motorcycle accident near Pocahontas and suffered an injury to the lower body, the fact that you were not wearing a helmet would be irrelevant, because you would have suffered that leg injury regardless. On the other hand, if the injury you suffered was a head or brain injury that could have been prevented had you been wearing a helmet, you may be considered partially negligent. By the same token, if you were wearing a helmet at the time of the crash, this can help show that despite there being no legal requirement, you were exercising caution and care while riding.

Comparative Fault and Helmet Use

A negligent act is one that fails to exercise the proper degree of care and is not necessarily something illegal. While you have no legal requirement to wear a helmet in Iowa, the defense may argue that a reasonable person would have worn one while riding a motorcycle, and that because you did not, you failed to exercise a proper degree of care. If you are found to be partially negligent for your injuries based on your lack of a helmet, the damages you can recover will be affected. Under Iowa's comparative fault laws, damages you can recover will be diminished in proportion to the degree of fault attributed to you. Because of this law, it is important to do everything you can to prove the fault of the other party, and to show that your injuries would have occurred regardless of whether you were wearing a helmet, or that your injuries would have been worse had you not been wearing one.

How to Prove the Negligence of the Other Driver

Negligence is the most important component of a Pocahontas motorcycle accident claim. If your accident would not have occurred but for the negligence of the other person, you need to collect evidence to prove it.

Remember that the other driver will be trying to prove your negligence as well. Because of this, you should go to the hospital even after a minor motorcycle accident and secure representation soon after.

Common Types of Serious Motorcycle Injuries Near Pocahontas

In the event of a motorcycle collision, virtually any part of the body becomes susceptible to fractures. In cases of severe breaks, where bones protrude through the skin, the risk of infection is heightened. Specific fracture types may yield further complications, and prolonged immobilization, for instance, might elevate the danger of blood clots or bedsores.

Road rash is another common injury, similar to a burn, that occurs when a motorcyclist's body makes contact with the ground, such as from skidding across the pavement. The most severe type of road rash can cause damage to the tissues and muscles underneath the skin. Complications such as infections might arise, leading to skin grafts to expedite healing and cover exposed areas.

Traumatic Brain and Spinal Cord Injuries

A severe traumatic brain injury from a motorcycle crash can affect a person in a variety of ways, largely depending on the severity of the injury. Mild concussions may bring about temporary confusion and headaches, while more severe traumatic brain injuries can yield enduring complications. These span from ongoing issues with memory and concentration to shifts in one's personality. Physical challenges can include impaired movement and coordination, along with potential psychological problems like anxiety and depression.

Spinal cord injuries vary from minor, discomfort-inducing herniated discs to grave spinal cord harm. The implications extend to other bodily regions depending on the injury site, potentially causing chronic pain and even paralysis. Such catastrophic injuries could result in lifelong wheelchair dependency and ongoing medical care.

Who Should Pay Your Medical Bills After a Pocahontas Motorcycle Accident?

If you have been injured in a motorcycle crash near Pocahontas, do not expect the other driver's insurance company to pay your medical bills as they are incurred. Rarely will the other driver's insurance company make payments toward your medical bills, even if their liability is obvious and they have already paid for your property damage. Insurance companies routinely make payments only at the time of a final settlement, when they can obtain a release from you.

Instead, you should look to one of the following means to obtain payment of your medical bills: your own health insurance from your employment benefits package, health insurance you have paid for personally, health insurance obtained by your spouse or parents for your benefit, medical payments insurance coverage from your own motorcycle or auto policy, HealthCare.gov or Medicaid if you are not covered under any plan, or your own personal funds if you are uninsured and able to pay bills as they are incurred.

With medical debt rising, you may not have the funds on hand to pay every provider right away. An attorney's office can often help facilitate assignments, where you authorize the law firm to pay a medical provider directly from any settlement or verdict. These assignments often satisfy the health provider, and many will wait until the time of settlement rather than pursue collection against you in the meantime. Keep in mind that almost all insurance policies have a subrogation provision, meaning they require reimbursement if you obtain money for your medical bills from another party or insurance company, so it is worth understanding your options before you sign any paperwork after a Pocahontas motorcycle accident.