- Waverly Motorcycle Accident Injury Attorneys
- Phone: 641-792-3595
- Directions
Motorcycle injury attorneys serve as steadfast advocates for riders when tragedy strikes. With a focus on motorcycle accidents, they adeptly manage legal challenges to ensure injured riders receive fair justice and compensation.
In Iowa, motorcycle accidents are unfortunately all too common. In 2012 alone, there were over 1,000 motorcycle injury crashes reported by the Iowa Department of Transportation. Given that motorcyclists have limited protection in accidents, they often sustain serious injuries, with broken bones among the most frequent. Recovering from these injuries is not only painful but also costly, often requiring long-term medical care and recovery time. For riders injured by another party’s negligence, recovering compensation for medical bills, lost income, and pain and suffering is essential.
Common Broken Bones in Motorcycle Accidents
Motorcycle accidents can lead to various types of bone fractures, depending on the severity and nature of the crash. Some of the most commonly broken bones in motorcycle accidents include the following:
- Ribs: Often fractured upon impact with the ground or another vehicle.
- Collarbone: A common break due to falls and shoulder impacts.
- Legs and Arms: These limbs are exposed in a crash, making fractures frequent.
- Spine: Severe accidents may result in fractures or breaks to the spine, leading to permanent damage.
- Pelvis: Can break upon high-impact collisions, especially if the lower body hits a hard surface.
The specific types and severity of fractures vary based on the crash’s angle, the motorcyclist’s speed, and the impacted body part. More serious fractures, like those of the spine, can be life-changing, potentially leading to permanent impairment.
Symptoms of a Broken Bone
Broken bones are typically easy to identify due to intense, localized pain. Other symptoms can include:
- Swelling and bruising
- Limited mobility near the fracture
- Numbness or tingling
- Visible deformities or protrusions if the bone breaks through the skin
If you experience any of these symptoms after a motorcycle accident, seeking immediate medical care is critical.
Recovering from Broken Bones and Potential Complications
Recovering from fractures depends on the location and severity of the injury. Common treatments include cast immobilization, braces, or, in severe cases, surgery. For major breaks, recovery may take months, and complications can sometimes arise. One such complication is post-traumatic arthritis, which can develop later in life at the fracture site, potentially impacting mobility and causing chronic pain.
In cases where the spinal column is fractured, particularly when the spinal cord is impacted, lifelong complications like paralysis may result. Addressing these complications in a legal claim is essential to ensure long-term care is considered in any compensation settlement.
Liability in Iowa Motorcycle Accidents
When another driver’s negligence causes a motorcycle accident, that driver may be legally responsible for the injured motorcyclist’s medical expenses, lost wages, and pain and suffering. For an injured motorcyclist to recover damages, it is crucial to prove that the other driver acted negligently, whether by reckless driving, improper lane changes, or other unsafe actions.
In Iowa, motorcyclists have two years from the date of the accident to file a personal injury claim. It’s important to speak with an attorney as soon as possible to gather evidence and begin building a strong case.
Filing a Claim as an Injured Passenger
In addition to the motorcyclist, a passenger injured on a motorcycle can also pursue compensation. Whether through the motorcyclist’s or another party’s insurance, passengers may file a claim for injuries depending on who is at fault. If the motorcyclist is at fault, the passenger can file under their coverage; if a third-party driver is responsible, the passenger can pursue that driver’s insurance.
Iowa law requires that all motorcyclists carry a minimum of $20,000 in bodily injury liability for one person, $40,000 for multiple injuries in a single accident, and $15,000 for property damage. However, when insurance coverage isn’t enough to cover severe injuries, injured passengers may file a lawsuit against the responsible party to recover full damages.
Establishing Negligence in a Motorcycle Accident
To win a motorcycle accident claim, the injured party must prove the other driver’s negligence caused the crash. This could involve evidence like police reports, photos, video footage, witness statements, and even details of the damage to the vehicles. For example, a driver who failed to check for motorcyclists while making a turn or merging lanes could be deemed negligent if this caused the accident.
It’s also worth noting that while Iowa does not require motorcyclists to wear helmets, helmet use may still impact a claim. If a rider sustains a head injury while not wearing a helmet, the defense might argue that this choice contributed to the injury’s severity. Iowa follows a modified comparative negligence rule, so if a rider is found partially at fault, any compensation may be reduced proportionally. For example, if a rider is assigned 10% fault, their damages would be reduced by that amount.
Types of Damages in a Motorcycle Accident Claim
Damages recoverable in a motorcycle accident case include:
- Medical Expenses: Covers emergency care, surgeries, hospital stays, and future treatment needs.
- Lost Wages and Loss of Earning Capacity: For time off work during recovery and potential future losses if injuries prevent returning to previous employment.
- Pain and Suffering: Compensates for physical pain and emotional suffering resulting from the accident.
- Loss of Quality of Life: For injuries that impact daily life, mobility, or cause long-term disability.
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.