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When tragedy occurs, motorcycle injury attorneys act as unwavering supporters for riders. With a focus on motorcycle accidents, they navigate the legal system to secure justice and compensation for injured riders.
Motorcycle accidents carry a high risk of serious injury. Motorcyclists are at greater risk of injury than passenger car drivers given their relative lack of protection. For example, in mid-July 2014, an Iowa motorcyclist was run over by a motorist who fled the scene, causing the biker severe injuries, reports the Des Moines Register.
Many motorcyclists are hospitalized each year for severe injuries that require surgery or intensive care. In some cases, bikers suffer internal injuries, some of which might not be readily apparent. Knowing some internal injury signs is therefore important.
Types of Internal Motorcycle Accident Injuries
Internal injuries are a common result of a motorcycle accident. Accident victims may experience internal bleeding in the abdomen or head or other areas depending on the location of the injury. Blunt trauma or penetration can cause internal bleeding, and though any sign of internal bleeding warrants a trip to the hospital, sometimes the bleeding will stop on its own without intervention. Severe or uncontrolled bleeding may require surgery.
Some possible internal motorcycle accident injuries include the following:
- Tears in the aorta, superior or inferior vena cava, or branches.
- Tears, cuts, or blunt trauma to organs such as the spleen or liver.
- Bleeding around the lungs.
- Intracranial hemorrhage.
This is just a small sample of internal injuries that motorcyclists might sustain after being thrown from the bike, run over by a vehicle, or otherwise experiencing blunt trauma in a collision.
Internal Injury Signs to Know
It’s important to be aware of some of the common internal injury signs. In many cases, the signs are obvious and severe and there will be no doubt that the individual requires immediate medical care. However, in other cases, the signs are more subtle and there is no visible accompanying injury that will alert bystanders or the victim of the seriousness of the injury.
Any of the following symptoms might be an internal injury sign and warrant a call to 911 from the accident scene or a trip to the nearest emergency room for examination:
- Loss of consciousness or headache: Pain in the skull or loss of consciousness may result from internal hemorrhaging in the brain. This is an emergency situation and requires immediate medical care.
- Swelling or pain in the abdomen: Swelling can occur due to blood in the abdomen when there is an internal injury. In addition, pain in this area may signal a more serious condition than the initial examination uncovered.
- Discolored skin: Internal bleeding can cause the skin to turn a deep purple as it seeps into the soft tissues beneath the skin’s surface. This may indicate that there is a more serious internal injury.
- Light-headedness or fainting: Blood loss that occurs internally can cause dizziness. Any type of fainting spell or feeling of dizziness requires an examination to rule out an internal injury after a motorcycle accident.
After receiving medical treatment for internal motorcycle accident injuries, you may need to enlist the help of an attorney to recover compensation for your motorcycle injuries. If you’ve experienced large medical bills, lost time at work, or decreased ability to return to work after your accident, an attorney can help. Call a lawyer to help you explore your options to seek reimbursement for your damages.
Iowa is one of three 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 to not wear a helmet, those who are not wearing a helmet and suffer 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; choosing not to wear a helmet, then, may be an act of negligence.
Accident Scenarios Where Helmet Use May Affect Liability
The use of a helmet will not be a relevant factor in determining liability in all accidents; rather, liability will probably only be impacted in the event that the injury you have sustained is a head or brain injury. For example, if you were in a motorcycle accident and suffered an injury to the lower body, then the fact that you were not wearing a helmet would be irrelevant because you would have suffered the leg injury regardless.
On the other hand, if the injury that you suffered was a head or brain injury that could have been prevented had you been wearing a helmet at the time of the crash, then you may be considered partially negligent.
On the same token, if you were wearing a helmet at the time of the crash, then this can help to show that despite no legal requirement, you were exercising caution and care while riding.
Comparative Fault Laws in Iowa
A negligent act is one that fails to exercise the proper degree of care and is not necessarily something illegal. As such, while you have no legal requirement to wear a helmet, the defense may argue that a reasonable person would have worn a helmet while riding a motorcycle, and that because you did not, you did not exercise a proper degree of care.
If you are found to be partially negligent for the injuries that you have sustained based on your lack of helmet, then the number of damages that you can recover will be affected. Under Iowa’s comparative fault laws, the number of damages that you can recover will be “diminished in proportion to the quantity of error attributable” to you.
Because of this law, it is paramount that you do everything you can to prove the fault of the other party, and prove that your injuries would have been incurred regardless of the fact that you weren’t wearing a helmet, or that your injuries would have been worse had you not been wearing a helmet.
How to Prove the Negligence of the Other Driver
Negligence is the most important component of a 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.
Types of evidence that you can use to prove negligence include the following:
- Police reports
- Lab tests (if the other driver was driving while intoxicated/impaired)
- Witness testimony
- Photo evidence
- Video evidence
- Physical evidence
Remember, the other driver will be trying to prove your negligence as well. As such, you’ll want to go to the hospital after even a minor motorcycle accident and secure representation immediately after that.
Post-traumatic Stress Disorder (PTSD)
Post-traumatic stress disorder (PTSD) may develop following a traumatic event like a motorcycle accident. Once known as a condition that soldiers exposed to the battlefield might develop – and previously referred to as shellshock – the condition might manifest for a variety of reasons.
According to the National Institutes of Mental Health (NIMH), PTSD symptoms are grouped into three categories:
- Re-experiencing: flashbacks, nightmares, and thoughts about the incident;
- Avoidance: avoiding certain events or actions, as well as emotional numbness, guilt, and depression, difficulty remembering the event, and more; and
- Hyperarousal: easily startled, edginess, trouble sleeping, and intense episodes of anger.
Head Injuries and Depression
Head injuries are a major concern for motorcyclists in the event of an accident. That’s why most states have implemented motorcycle helmet laws (Iowa repealed its motorcycle helmet laws) and advocacy and safety groups recommend their use by all operators and passengers.
Various researchers have studied the association between traumatic brain injury (TBI) and depression. One study published in 2004 in the Archives of General Psychiatry found that one-third of study participants developed major depressive disorder within the first year after sustaining a TBI. The researchers concluded, “Major depressive disorder is a frequent complication of TBI…”
Another study published in 2002 in the Journal of Nursing Scholarship found, “Chronic stress was significantly and positively related to post-TBI depression.” This stress may be related to the recovery process and other mitigating factors after a serious injury.
Emotional Trauma in Personal Injury Cases
Your motorcycle accident claim will account for medical expenses related to physical injuries like head injuries, spinal cord injuries, and more. It may also account for emotional trauma after the accident.
Emotional trauma that may be included in the monetary damages awarded you after an Iowa motorcycle accident include:
- mental health assessment;
- counseling;
- treatment; and
- mental anguish.
Keep in mind, though, that failure to wear a helmet might reduce your settlement if you suffered head injuries. The insurance company or defendant might argue helmet use may have prevented
or reduced the severity of the injury. Talk to your attorney about how your helmet use may factor into your claim and whether it might have any bearing on emotional or noneconomic damages you might recover.
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.