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

When adversity strikes, motorcycle injury lawyers stand as steadfast allies for riders facing challenges. Focused on the specific complexities of motorcycle accidents, these legal professionals adeptly navigate the law to secure rightful justice and compensation for injured riders.

Understanding Helmet Laws in Iowa

Iowa is one of three states in the nation with no motorcycle helmet law. Despite this, a motorcyclist not wearing a helmet and suffering a head injury in a crash may be held partially liable for their injuries. Wearing a helmet is well-known to prevent traumatic brain and head injuries, and choosing not to wear one could be considered an act of negligence.

Impact of Helmet Use on Liability

Helmet use affects liability in accidents involving head or brain injuries. For example, if you suffer a lower-body injury in a motorcycle accident, not wearing a helmet is irrelevant since the injury would have occurred regardless. However, if your injury is a head or brain injury that could have been prevented by wearing a helmet, you may be considered partially negligent.

Wearing a helmet, even without a legal requirement, can demonstrate caution and care, potentially influencing the perception of negligence in your favor.

Comparative Fault Laws in Iowa

In Iowa, negligence is failing to exercise the proper degree of care, not necessarily something illegal. Thus, while not wearing a helmet is legal, the defense may argue that a reasonable person would have worn one. If found partially negligent for your injuries due to lack of helmet use, the damages you can recover will be reduced proportionally.

Under Iowa’s comparative fault laws, the amount of recoverable damages diminishes in proportion to your degree of fault. Therefore, it is crucial to prove the other party’s fault and that your injuries would have occurred regardless of helmet use.

Proving Negligence of the Other Driver

Negligence is key to a motorcycle accident claim. If the accident resulted from another’s negligence, you need evidence to prove it. Useful evidence includes:

- Police reports
- Lab tests (for intoxicated/impaired driving)
- Witness testimony
- Photo evidence
- Video evidence
- Physical evidence

The other driver may try to prove your negligence, so it is vital to seek medical attention and legal representation promptly after an accident.

Value of a Motorcycle Accident Claim with Permanent Injuries

Determining the value of a motorcycle accident claim, especially with permanent injuries, is complex as each case is unique. The severity and effects of injuries vary, affecting the claim’s value.

Economic Damages

Economic damages are easier to calculate, including lost wages during recovery, medical bills, and other related expenses. Permanent injuries often lead to lasting expenses, such as long-term care costs. An expert witness may testify regarding the impact of your injuries on your ability to work and estimate lost wages.

Non-economic Damages

Non-economic damages, like pain and suffering, mental anguish, disfigurement, and disability, are more challenging to quantify as they don’t have receipts. Insurance companies may use a multiplier based on injury severity to estimate these damages.

Preventing Motorcycle Burn Injuries with Proper Apparel

While helmets reduce the risk of head injuries, proper motorcycle apparel can prevent burn injuries. Burns may result from road rash, heat burns from contact with exhaust pipes, or chemical burns from substances like gasoline.

Types of Protective Motorcycle Apparel

Wearing the right apparel can significantly reduce burn injuries:

- Heavy-duty jackets, pants, and gloves: Leather and other sturdy materials protect against deep abrasions.
- Motorcycle boots: Provide better protection than regular footwear.
- Specialized clothing: Some apparel has impact-resistant materials or armor for added protection.
- Eye protection: Prevents debris from entering the eyes and can protect against chemical spills.

Comfort should not compromise safety. With numerous styles available, motorcyclists can choose apparel that provides comprehensive protection from head to toe, reducing the risk of various injuries, including burns.

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