Count On Experienced Representation For Your Motorcycle Accident Injury Claim
A false move on the road can be a life-changer, particularly for motorcyclists. Seemingly minor driver errors like failing to check a blind spot or stopping abruptly can end in a driver having to lay his or her bike down. Simply being a motorcyclist does not make you responsible for the injuries you sustained in an accident. Unfortunately, that is what many at-fault parties will try to claim. They may say that you would not have been injured as badly if you were wearing certain gear, or if you were in a different vehicle.
Remember that you have a right to be on the road just like any other driver, and everyone is responsible for road safety. When you contact Johnson, Mulholland, Cochrane, Cochrane, Yung & Engler, P.L.C., we can help protect you from assertions aimed at reducing the compensation you deserve for your injury. Contact our office today if you or a loved one has been injured in a motorcycle accident on an Iowa city street, highway or interstate.
Motorcycle Crash Injuries Are Often Catastrophic
Motorcycle injuries often result in serious lifelong injuries. Our attorneys have represented many bikers in cases that involve:
- Broken/crushed bones
- Scars and disfigurement
- Road burns/road rash
- Lost limbs/amputations
- Nerve damage
- Head trauma, traumatic brain injuries, open/closed head injuries
- Fatal injuries that lead to a wrongful death claim
Even comparatively minor issues, like chronic headaches following a concussion, can have a significant impact on a person’s life. We understand that your injury can affect your medical bills, your financial security, your ability to work and your ability to care for your loved ones.
Was Your Accident Caused By A Defective Or Recalled Motorcycle?
A defect in a motorcycle or one of its parts can cause serious accidents. A defective helmet might not provide the protection it is intended to, resulting in more serious head injuries. A defect in the brakes may not allow you to stop in time to avoid an accident. If you were injured in a motorcycle accident that you believe was caused by a defective part, our lawyers can evaluate your situation and advise you of your legal options.
If you suspect that your motorcycle has a dangerous safety defect, you can report this defect to the National Highway Traffic Safety Administration, a federal agency tasked with investigating alleged defects, issuing safety standards for vehicles and ordering manufacturers to recall vehicles that do not meet federal safety standards.
Strict Liability For Defective Motorcycles And Motorcycle Parts
A plaintiff may bring a strict liability action against the manufacturer of a defective motorcycle or component part. A motorcycle or part may be defective because of a design defect, manufacturing defect or the failure to provide adequate warnings about its safe use. To establish a case for strict liability for an injury caused by a defective motorcycle, the plaintiff must prove each of the following:
- The motorcycle was in a defective condition that made it unreasonably dangerous
- The defective condition was attributable to the defendant
- The defective condition of the motorcycle was a proximate cause of the plaintiff’s injury
- The defendant is in the business of manufacturing or selling motorcycles.
Some states also have a requirement that the plaintiff prove that at the time he or she was injured, the motorcycle was being used in its intended or reasonably foreseeable manner. A defendant will not be held strictly liable if the motorcycle was not defective or unreasonably dangerous; the condition of the motorcycle did not cause the plaintiff’s injury; or the condition is not attributable to the defendant.
How The Failure To Wear A Helmet Can Affect Your Case
Wearing a helmet is an effective way to protect yourself in the event of a motorcycle accident. If a motorcyclist is hit and falls off the bike, a head injury often occurs. A helmet may save the life of a motorcycle driver or passenger by reducing the severity of head injuries. Some states have universal helmet laws for all riders, other states have laws only requiring some riders to wear helmets, and some have no helmet-use laws at all.
Iowa has no law mandating the use of helmets. Riders face no criminal penalties for riding without one. However, failing to wear a helmet could impact a personal injury claim. In an action brought by an injured motorcyclist, the defendant may argue that the rider’s own negligence was actually the cause of his or her injuries. Generally, to establish that the injured party was negligent, the defendant must prove that the injured party had a duty of some kind to operate his or her motorcycle in a safe and reasonable manner; that the injured party breached this duty in some way; and that the breach of duty was a proximate cause of the accident. If the defendant can prove all these elements and establish that the injured party was negligent, the injured party’s recovery may be barred or reduced because of his or her comparative negligence.
We’re Here To Help – Reach Out Today
Since we opened our doors in 1950 as The Johnson Law Firm, our practice has been advocating for accident victims in Webster County and surrounding areas of Iowa. We want to help you, too. Let us help you regain what you’ve lost as much as possible. We can help you get the medical records you need and pursue the most comprehensive compensation package possible.