Storm Lake Motorcycle Accident Injury Attorneys

A motorcycle accident can produce injuries that go far beyond broken bones and road rash. Head injuries, traumatic brain injuries, post-traumatic stress disorder, and deep psychological harm are all real consequences of serious motorcycle crashes, and they all have a place in your Iowa injury claim. Understanding the full range of injuries you may have sustained, how Iowa's helmet laws affect your right to recover, and how your medical bills get paid while your case is being resolved are three of the most critical issues any Storm Lake motorcyclist needs to understand after a crash.

Iowa does not require motorcyclists to wear helmets. That freedom comes with legal consequences when injuries occur. Data from the Iowa Department of Transportation found that of the 41 motorcycle fatalities in 2013, 34 of them involved a rider who was not wearing a helmet. Whether or not you were helmeted at the time of your accident in Storm Lake, you may be entitled to significant compensation for both your physical and emotional injuries if another driver's negligence caused the crash. What matters most is getting informed, getting medical care, and getting experienced legal representation before the insurance company gets the upper hand.

Head Injuries in Iowa Motorcycle Accidents: Types, Consequences, and Your Claim

Head injuries are among the most serious and most common consequences of motorcycle accidents in Iowa. The range of severity is wide. A motorcyclist may suffer a relatively simple concussion that resolves within a few days, or may sustain a traumatic brain injury that results in a coma and requires long-term rehabilitation. Understanding the different types of head injuries and what they mean for your recovery and your legal claim is essential.

Types of Head Injuries Motorcyclists Commonly Sustain

Many head injuries resulting from motorcycle accidents are classified as traumatic brain injuries, in which the brain is violently displaced within the skull during the impact. Others are penetrating injuries, in which an object or road debris becomes embedded in brain tissue. Intracranial hemorrhaging can occur when blood from the trauma pools inside the skull, placing pressure on brain tissue and restricting blood flow. All of these conditions can be fatal if proper emergency treatment is not administered immediately. Even when a rider survives, serious head injuries typically require immediate care followed by extensive long-term rehabilitation, creating medical expenses that can accumulate rapidly.

Long-Term Consequences of a Motorcycle Head Injury

The consequences of a serious head injury sustained in a motorcycle crash can be long-lasting and life-altering. The specific effects will vary from person to person depending on the type of injury and the severity of the damage, but common long-term consequences that motorcycle accident victims may experience include communication problems, cognitive limitations, trouble with mobility and balance, fine motor skill limitations, hearing and vision problems, lost feeling in parts of the body, and emotional and mental health problems such as depression and anxiety.

These are not merely medical issues. They are categories of harm that may be compensable in a motorcycle accident claim against the at-fault driver. Motorcycle accident victims require immediate care, and those who suffer serious injuries require long-term care and rehabilitation. The costs associated with that care can be pursued as part of an injury claim, provided the other party's negligence caused the crash.

Helmets, Contributory Negligence, and What It Means for Your Iowa Claim

Iowa does not require motorcyclists to wear helmets, but the decision not to wear one can still affect the value of a head injury claim. Even though riding without a helmet is legal in Iowa, a defendant or insurance company may argue that the motorcyclist's choice not to wear one contributed to the severity of the head injuries sustained. This is a contributory negligence argument, and it is one that an experienced Iowa motorcycle accident attorney must be prepared to address.

Iowa follows a comparative fault standard. If a motorcyclist is found to be contributorily negligent, they can still recover damages, but those damages will be reduced by their own percentage of fault. If the claimant is found more than 50 percent at fault, they cannot recover damages at all. Importantly, helmet use is only relevant to head injury claims. If a motorcyclist suffered a leg fracture, a spinal injury, or road rash, the absence of a helmet has no bearing on those injuries or the damages associated with them. An attorney can build the evidence needed to establish the other driver's liability, counter any claims that helmet use would have changed the outcome, and fight for the maximum recovery available under Iowa law. It is rarely in your best interest to accept the insurance company's initial offer without first speaking with a qualified attorney about what your claim is actually worth.

Emotional Trauma After a Motorcycle Accident: PTSD, Depression, and Recoverable Damages

The physical injuries sustained in a serious motorcycle accident are visible and often dramatic, but the psychological harm that follows can be just as devastating and just as long-lasting. Iowa motorcyclists pursuing a liability claim or lawsuit against a negligent driver can include emotional trauma and psychological harm as part of their claim for damages, and failing to account for these injuries can mean accepting a settlement that is far less than what the full impact of the accident warrants.

Post-Traumatic Stress Disorder After a Motorcycle Crash

Post-traumatic stress disorder (PTSD) can develop after any traumatic event, including a serious motorcycle accident. Once thought of primarily as a condition affecting combat veterans, PTSD is now well-recognized as a response to many types of traumatic experiences. According to the National Institutes of Mental Health (NIMH), PTSD symptoms fall into three categories:

• Re-experiencing includes flashbacks, recurring nightmares, and intrusive thoughts about the accident that the person cannot control.
• Avoidance includes staying away from certain situations, places, or activities that serve as reminders of the crash, as well as emotional numbness, feelings of guilt, depression, and difficulty remembering details of the event.
• Hyperarousal includes being easily startled, persistent edginess, difficulty sleeping, and intense episodes of anger that feel out of proportion to the circumstances.

All three categories of PTSD symptoms can interfere significantly with a person's daily life, work performance, relationships, and overall quality of life. When these symptoms result from a motorcycle accident caused by another driver's negligence, they are compensable as part of a personal injury claim.

The Link Between Head Injuries and Depression

Head injuries and emotional trauma are closely connected in motorcycle accident cases. Researchers have found a strong association between traumatic brain injuries and the subsequent development of depression. A 2004 study published in the Archives of General Psychiatry found that one-third of participants developed major depressive disorder within the first year after sustaining a traumatic brain injury. The researchers concluded that major depressive disorder is a frequent complication of traumatic brain injury. A separate 2002 study in the Journal of Nursing Scholarship found that chronic stress was significantly and positively related to post-TBI depression, with that stress often stemming from the recovery process itself and the many challenges that follow a serious injury.

This means that for a motorcyclist who suffered a head injury in a Storm Lake crash, the emotional and psychological consequences may be directly tied to the physical brain injury, compounding the severity of both and increasing the overall damages owed by the at-fault driver.

What Emotional Damages Can Be Included in Your Motorcycle Accident Claim

An Iowa motorcycle accident claim can account for far more than emergency room bills and orthopedic surgery costs. Emotional trauma that may be included in the monetary damages available after a motorcycle crash include the cost of mental health assessments, counseling, ongoing psychological treatment, and compensation for mental anguish. These are real, documented expenses and harms that deserve to be part of any honest accounting of what a serious motorcycle accident has cost a rider and their family.

Keep in mind that if you did not wear a helmet and suffered head injuries, the insurance company or defendant may argue that helmet use would have prevented or reduced the severity of your psychological harm as well as your physical injuries. This is another reason why working with an attorney from the start is so important. An attorney can address these arguments directly, present counter-evidence, and work to ensure that your emotional damages are fully recognized and compensated.

Who Pays Your Medical Bills After a Storm Lake Motorcycle Accident?

One of the most immediate and pressing concerns after a serious motorcycle crash is how medical bills will be covered while the legal case is being resolved. The answer to this question is not always intuitive, and many Storm Lake riders are surprised to learn that the other driver's insurance company will not be paying their bills as treatment proceeds.

Do Not Expect the At-Fault Driver's Insurer to Pay as You Go

In Iowa motorcycle accident cases, it is rare for the other driver's insurance company to make ongoing payments toward your medical expenses as you incur them. This is true even when their driver's fault is clear and they have already addressed your property damage. The other party's insurer is not required to make partial payments throughout your treatment, and insurance companies routinely withhold payment until a full and final settlement is reached, at which point they require a release of all claims in exchange. Relying on the at-fault driver's insurer to keep your medical providers paid is a strategy that will leave you in financial difficulty long before your case concludes.

Six Sources That Can Cover Your Medical Bills in the Meantime

Fortunately, there are several sources that may be available to cover your medical expenses while your motorcycle accident claim is being resolved. An attorney can help you identify which options apply to your situation and how to use them most effectively. The available sources include:

1. Your own health insurance from your employment benefits package.
2. Personal health insurance you have paid for independently.
3. Health insurance provided by your spouse for your benefit, or by a parent if you are a minor living at home.
4. Medical payments coverage under your own auto or motorcycle insurance policy. In some circumstances, this coverage may be available from both your own insurer and the insurer for the vehicle you were riding.
5. Healthcare.gov or Medicaid coverage, if you are currently uninsured. You can determine eligibility by visiting healthcare.gov, contacting a local insurance agent, or reaching out to your local Department of Human Services office.
6. Your own personal funds, if you are uninsured and have the financial capacity to pay bills as they are incurred.

If you do not have sufficient coverage or funds to pay your medical providers during the claims process, the attorneys at Walker, Billingsley and Bair can help facilitate arrangements whereby your doctors, hospitals, and other providers agree to defer collection until the time of settlement. This approach can relieve the immediate financial pressure, protect your credit, and ensure that you continue receiving the care you need without interruption.

Understanding Subrogation When Your Insurer Pays Your Bills

One important detail that motorcycle accident victims should understand before accepting any settlement is subrogation. Nearly all insurance policies include a subrogation provision, which means that if your health insurer or another insurer paid your medical bills and you later recover compensation from the at-fault driver through a settlement or verdict, your insurer has the right to be reimbursed from that recovery for what they paid on your behalf. An experienced attorney will account for subrogation obligations when negotiating your settlement and will work to ensure those reimbursements are properly handled so that you retain the maximum amount of your recovery possible.

Consulting a Storm Lake 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. 

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