Waverly Motorcycle Accident Injury Attorneys

Spinal Cord Injuries and Motorcycle Accidents in Iowa

The connection between motorcycle accidents and serious spinal injuries is well documented. According to a St. James University Hospital study published in the Journal of Trauma and Acute Care Surgery, spinal cord injuries affect approximately 11 percent of motorcycle accident victims. Motor vehicle accidents as a whole are the single most common cause of spinal cord injuries, accounting for 40 percent of all new spinal injury cases according to the Mayo Clinic.

Upon collision, a rider's vertebrae can become crushed, compressed, or dislodged. In some cases, damaged ligaments or spinal discs create secondary harm to the spinal cord itself. The location and severity of the injury determine the extent of the resulting disability, and in many cases that full extent is not known for weeks or even months after the crash.

Complete and Incomplete Spinal Cord Injuries

Medical professionals classify spinal cord injuries into two fundamental categories, each carrying very different implications for a rider's long-term prognosis:

• Complete injuries: A complete spinal cord injury means the rider has experienced a total loss of sensation and movement below the site of the injury. There is no remaining motor or sensory function in the affected areas.
• Incomplete injuries: 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 take weeks or months after the accident to determine exactly how much of the victim's condition will remain permanent.

The St. James University Hospital study identified important statistical patterns among riders who sustained spinal cord injuries in motorcycle crashes:

• Isolated injuries to the spine occurred in over 23 percent of riders
• Multiple vertebral levels, including 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
• The lumbar spine was injured in 30 percent of cases
• Twenty-seven percent of riders injured their cervical spine
• Neurologic injury occurred in nearly 20 percent of accidents

Physical Complications Following a Spinal Cord Injury

The damage to the spinal cord itself is only one dimension of what victims face. A spinal cord injury triggers a cascade of secondary health complications that affect virtually every system in the body. Riders and their families should be prepared for the possibility of:

• Blood clots
• Pressure sores
• Breathing difficulties
• Uncontrolled muscle movements
• Loss of bladder or bowel control
• Increased risk of urinary infections, kidney infections, and bladder stones
• Blood pressure problems
• Susceptibility to lung problems and pneumonia
• Muscle atrophy
• Weight issues, including both weight loss and obesity
• Sexual and reproductive function issues
• Muscle and joint pain
• Nerve pain

The Danger of Undiagnosed Vertebral Fractures

One of the most important things a motorcycle accident victim should understand is that serious spinal injuries are not always immediately apparent. Undiagnosed compression fractures can lead to long-term complications, including kyphosis, a curvature of the spine that causes deformity, compresses organs, and creates a host of serious downstream health problems.

Additional complications of undiagnosed compression fractures include chronic pain, reduced physical function, impaired lung function, a decreased ability to perform daily activities at work and at home, and depression, anxiety, and decreased enjoyment of life. If vertebral fractures are left untreated, painful symptoms will increase over time and can eventually cause permanent disability. In many cases, compression fractures are hairline and may not initially appear on standard X-rays, which is why thorough follow-up evaluation is so important after any significant crash. If you suspect a compression fracture, seek medical attention immediately and do not wait for symptoms to worsen.

Mental and Emotional Impact After a Motorcycle Spinal Cord Injury

The physical complications of a spinal cord injury are severe enough on their own, but the mental and emotional toll is equally significant and often underestimated. 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 among spinal cord injury victims. Researchers at the Monash University Center for Developmental Psychology and Psychiatry found that nearly half of spinal cord patients suffer from mental health problems, including:

• Depression in 37 percent of cases
• Anxiety in 30 percent of cases
• Clinical-level stress in 25 percent of cases
• Post-traumatic stress disorder in 8.4 percent of cases

These psychological consequences are real, measurable, and compensable under Iowa law. A thorough injury claim must account for the full scope of both physical and emotional harm a rider has sustained, not only the immediate medical bills.

Defenses Insurance Companies Use Against Waverly Motorcycle Accident Claims

If you have been injured in a motorcycle accident and are pursuing a claim for damages, the insurance company or the at-fault driver's legal team will almost certainly raise arguments designed to reduce or eliminate your recovery. Knowing what these defenses look like before they are deployed allows you and your attorney to prepare a response and protect the full value of your claim. The following are the most common defenses raised against motorcycle accident claims in Iowa.

Allegations That You Violated Motorcycle Regulations

The most commonly raised defense is that the motorcyclist was violating a motorcycle-specific law or regulation at the time of the accident. Iowa has statutes that apply specifically to motorcycle operation, including Iowa Code 321.275(6), which prohibits carrying a package that prevents the rider from using both hands on the handlebars, and Iowa Code 321.275(4), which prohibits riding more than two abreast in a lane. If the opposing side can establish that a violation occurred and that the violation contributed to causing the accident, your claim could be in serious jeopardy. Your attorney's job is to challenge those allegations and demonstrate that any alleged violation did not actually cause or contribute to the crash.

Allegations That You Were Speeding

Another frequently raised argument is that the motorcyclist was speeding or otherwise violating traffic laws at the time of the collision. If the defense can prove that you were speeding, making an illegal lane change, or committing another traffic violation, you may be found partially or entirely at fault for the accident. Iowa follows a comparative fault system. If you are found to be partially at fault, your damages will be reduced proportionally to your percentage of fault. However, if you are found to be more than 50 percent at fault, you may be completely barred from recovering any damages at all. This makes it critically important to have an attorney who can investigate the facts thoroughly and push back on exaggerated fault allegations.

Allegations of Impairment

A third common defense is that the rider was operating under the influence of drugs or alcohol at the time of the accident. If impairment can be established, it will severely affect your ability to recover damages. The court or insurance company will assign you a percentage of fault based on the impairment, which can dramatically reduce your recovery. In many cases involving impairment, victims are prevented from recovering damages altogether. If this defense is being raised against your claim, having an attorney review all available evidence is essential.

Allegations Related to Helmet Use

Iowa does not require motorcycle riders to wear a helmet, but that does not mean helmet use is irrelevant to your claim. If you suffered head or neck injuries and were not wearing a helmet at the time of the crash, the insurance company or opposing driver may argue that your injuries would have been less severe had you been wearing one. This argument is used to increase your comparative negligence percentage and reduce your recovery. Your attorney can work to establish that helmet use did not have a meaningful impact on the severity of the specific injuries you sustained, particularly when the injuries involve the spine, limbs, or other areas where helmet protection is irrelevant.

What a Waverly Motorcycle Accident Attorney Will Do for Your Case

Pursuing a motorcycle accident claim on your own while recovering from a spinal cord injury or other serious harm is an enormous and often counterproductive undertaking. Insurance companies are experienced at defending these claims, and the defenses described above can be difficult to overcome without skilled legal representation. Before hiring an attorney, take the time to review their track record. Look at client reviews on platforms like Avvo.com and Google and look specifically for feedback about the results clients actually received, not just general satisfaction. The fact that a law firm handles personal injury cases does not mean they handle them well.

If you decide to work with an Iowa motorcycle accident attorney, here is a thorough picture of the work that will be done on your behalf. All of this is performed at no upfront cost or risk to you because a qualified attorney is only paid if your case is successful:

• Educating you about Iowa injury laws and how they apply to the specific facts of your motorcycle accident
• Gathering documentary evidence including the police accident report, your medical records, and all related bills
• Hiring an investigator when necessary to interview witnesses and locate additional evidence from the scene
• Collecting physical evidence such as photographs of the vehicles, the accident scene, road conditions, and any gear involved
• Reviewing and analyzing legal issues that could affect your claim, including comparative fault, assumption of risk, and the specific Iowa motorcycle regulations the defense may attempt to invoke
• Communicating directly with your physicians and obtaining written medical reports to fully document your condition, including the long-term prognosis for any spinal injuries
• Analyzing your insurance policy to identify all coverages that may pay medical bills or other expenses while your claim is pending
• Reviewing and challenging any liens asserted by medical providers, insurance companies, or employers who claim a right to a share of your recovery
• Notifying the at-fault party's insurance company of your claim and managing all communications with the insurer on your behalf
• Preparing a comprehensive demand package to send to the defendant in an effort to reach a fair settlement
• Preparing for mediation or other pre-trial settlement proceedings if appropriate
• If a lawsuit is filed, preparing you, your witnesses, and your healthcare providers for depositions
• Taking the depositions of the at-fault driver and other relevant witnesses
• Filing motions and legal briefs with the court to protect what evidence will be allowed at trial
• Preparing medical and demonstrative exhibits for trial
• Taking your case to trial before a jury if a fair settlement cannot be reached
• Reviewing any verdict and advising you on whether an appeal is warranted

For victims of serious spinal cord injuries, this level of comprehensive legal representation is not a luxury. The medical costs alone can reach hundreds of thousands of dollars, and new treatments for spinal injury victims, while becoming available, remain very expensive. If another party was liable for the accident, you have the right to pursue compensation that reflects the true scope of your losses, including not only your immediate medical bills but your future care needs, lost income, pain and suffering, disability, disfigurement, mental anguish, and reduced quality of life.

Consulting a Waverly 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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