Riding a motorcycle through Iowa comes with a sense of freedom, whether you are traveling Highway 20 near Fort Dodge or heading through rural Webster County on a summer afternoon. Iowa does not generally require motorcycle riders to wear helmets. But if you are hurt in a crash while riding without one, you may wonder whether that choice could affect your injury claim.
Not wearing a helmet does not make you responsible for another driver’s negligence. However, questions about helmet use may arise when determining what caused particular injuries and what compensation is available. If you were hurt in a motorcycle accident, understanding how Iowa handles fault and damages can help you make sense of these issues.
Can Not Wearing a Helmet Affect Your Compensation?
Iowa allows responsibility for an accident to be divided when more than one person contributed to what happened. Lawyers call this comparative fault. In simple terms, if you share responsibility for causing a crash, the compensation you receive may be reduced according to your percentage of fault.
Under Iowa’s general comparative-fault rule, you can recover damages when your share of fault is 50% or less, although your compensation is reduced according to that percentage. If your share of fault is greater than the combined fault of the other parties from whom you seek damages, you generally cannot recover.
Helmet use raises a different question. Riding without a helmet is not generally illegal in Iowa, so the absence of a helmet does not by itself establish that you caused a motorcycle crash. Whether helmet nonuse could affect damages for a particular injury depends on the facts of the case and applicable Iowa law.
Does the Type of Injury Matter?
Yes. When helmet use becomes an issue, the connection between the helmet and the particular injury matters. A motorcycle helmet is designed primarily to reduce the risk and severity of injuries to the head.
If you suffer a head or brain injury, there may be questions about whether wearing a helmet could have changed the severity of that injury. That does not mean an insurer can automatically reduce your compensation simply because you were not wearing one. The facts and evidence still matter.
If your primary injuries involve parts of your body that a helmet is not designed to protect, the issue may be different. A broken leg, for example, raises different questions than a traumatic brain injury. An attorney can evaluate whether helmet use has a meaningful connection to the damages being disputed.
What if the Insurance Company Raises the Helmet Issue?
After a motorcycle crash, an insurance company may investigate how the collision happened, who was responsible and what caused the injuries being claimed. That investigation may include questions about the protective gear you were wearing.
If an insurer argues that helmet nonuse should affect your compensation, the argument should be evaluated based on the evidence and applicable Iowa law. Medical records may be particularly important when determining what caused an injury and whether protective equipment could have affected its severity.
This is one reason it is helpful to separate two questions: Who caused the crash? and What caused or contributed to the injuries? They are not necessarily the same question. A personal injury lawyer can review both issues when evaluating a motorcycle accident claim.
What Should You Do After a Motorcycle Crash?
Regardless of whether you were wearing a helmet, preserving information after a crash can help establish what happened. Your health should come first, but if you are able, a few practical steps can help protect important evidence.
- Get appropriate medical attention for your injuries.
- Photograph the motorcycle, other vehicles and crash scene if possible.
- Keep the helmet and other riding gear you were using, if applicable.
- Get contact information from people who witnessed the collision.
- Save medical records, bills and information showing missed work.
- Avoid guessing about fault or the extent of your injuries when discussing the crash.
Evidence can become harder to obtain as time passes. Vehicles may be repaired, physical conditions at the crash scene can change and witnesses can become more difficult to locate. Keeping records from the beginning can make it easier to understand what happened and document your losses.
What Compensation May Be Available?
If another person’s negligence caused your motorcycle crash, Iowa personal injury law may allow you to pursue compensation for resulting losses. Depending on the circumstances, those losses may include medical expenses, lost income, reduced earning ability, and physical pain and suffering.
Serious motorcycle injuries can also require ongoing treatment or affect your ability to return to the same type of work. Understanding the full effect of an injury is important before resolving a claim because a settlement generally ends your ability to seek additional compensation from the settling party for the same claim.
Talk With a Fort Dodge Motorcycle Accident Lawyer
If you were riding without a helmet when another driver caused a crash, do not assume that you have lost your right to pursue compensation. Iowa generally does not require motorcycle helmets, and questions about fault, injury causation and damages must be evaluated based on the circumstances of the accident.
Johnson, Mulholland, Cochrane, Cochrane, Yung & Engler, P.L.C. is a Fort Dodge law firm serving individuals and families throughout North-Central and Northwest Iowa. The Johnson Law Firm combines substantial legal resources with the personal attention of a local law office. If you have questions about a motorcycle injury claim, contact our motorcycle accident attorneys to discuss your situation and learn about your legal options.