Our Wilmington motorcycle accident attorneys find that one of the most dire motorcycle injuries is to the head. Sustaining a serious head injury is every motorcyclist and their family’s worst nightmare. You or a loved one may never regain full function from before the accident.
If you have been injured in a motorcycle accident, the attorneys at Horton Mendez can help you as you seek financial compensation.
Common Motorcycle Accident Head Injuries
Motorcycle accidents may often involve some type of impact to your head. You would most often be thrown from your bike, and your head would hit the pavement.
The brain is unlike any other part of the body. It is so delicate that even a momentary shock could cause permanent damage. The brain does not regenerate and heal itself like other parts of the body.
Head injuries that you may suffer in a motorcycle accident include:
- Fractured skull
- Diffuse Axonal brain injuries
- Coup-Contrecoup brain injuries
Treatment for Brain Injuries
The brain does not recover quickly. In fact, many people do not recover at all from a brain injury. You may be able to regain some functions, but others may be lost permanently.
Even if you can eventually make a recovery, it may only come after an extensive rehabilitation process that can include the following:
- Physical therapy
- Speech therapy
- Occupational therapy
- Surgical procedures
- Psychiatric and psychological support
Rehabilitation can take place both in inpatient and outpatient settings. In many cases, the initial stages of rehabilitation will be extensive enough that you would be in an inpatient rehabilitation facility. The early stages of coming to terms with a brain injury are challenging. Rehabilitation can be trying and frustrating, but it is something that you must do to recover as much of your functioning as possible.
The rehabilitation process can take years. Much of the initial recovery from the brain injury, if it happens, will occur within the first year after the injury. It is possible for brain injury victims to make some recovery for up to two years. Even after that, technology and rehabilitation methods have advanced to the point that accident victims can make some improvement even after that.
The Benefits of Motorcycle Helmets and Choosing the Right One
North Carolina law requires that motorcyclists and their passengers wear helmets when the bike is in operation. Helmets reduce the chances of a serious brain injury. A helmet could mean that you suffer a less serious if your head is impacted during an accident. However, a helmet does not fully protect you in a crash. One CDC study shows that helmets reduce the risk of a head injury by 69%.
Any helmet that you select must comply with Department of Transportation requirements. In many cases, the most visually appealing helmets are the ones that do not meet safety standards. You should consider safety first when selecting a motorcycle helmet. It could make the difference between a lesser head injury and a severe one that changes your life forever.
Here are some of the safety requirements for a motorcycle helmet:
- Helmets should weigh at least one pound (lighter helmets may not offer sufficient protection from impacts)
- Helmets should have a shell-type design, with the outer layer intended to protect your head from impact
- An impact-absorbing layer that absorbs some of the impact of a crash and trauma
- A chin strap so the helmet fits securely
You should look for a sticker on the back of the helmet that certifies that it meets requirements from:
- Snell Memorial Foundation
- Department of Transportation
The Costs of a Brain Injury for Motorcyclists
The costs of treating a brain injury are staggering. Of course, everything depends on the severity of the injury. Medical costs alone could approach $3 million over a lifetime for the highest-severity injuries. Even less serious injuries will cost hundreds of thousands to treat.
The medical costs are just part of the damages that you suffer from a motorcycle accident head injury. Suffering a serious injury disrupts your life, and you have the right to be compensated for it. Not only does the responsible driver need to pay medical bills, but they must also cover the following:
- Lost wages for the time missed from work
- Pain and suffering (both physical and psychological)
- Property damage
- Permanent scarring and disfigurement
- The cost of a caregiver who helps with daily activities
How to Collect Damages After Your Motorcycle Accident Brain Injury
You must maximize any opportunities you have to obtain financial compensation after your motorcycle head injury. The driver involved in the accident would have a legal obligation to pay for your damages if you are able to prove that they were negligent.
First, you would need to gather evidence that shows what they did to cause the crash. Then, you would need to defend yourself when their insurance company inevitably blames you. The driver’s insurance company would be obligated to pay you up to the policy maximum.
Then, you would file a claim against your own insurance policy if the driver’s coverage is not enough to fully pay you. The driver would be personally liable for any other uncovered damages, although it is difficult to collect judgments from individual defendants.
Contact a Wilmington Attorney After a Motorcycle Accident Brain Injury
The attorneys at Horton Mendez will fight for you when you have sustained a head injury in a motorcycle accident. We know how to work with medical experts to fully value your claim.
Then, we will stand up to the insurance company when they either try to pin fault on you for the accident or pay you less than you deserve. We offer free initial consultations. You can send us a message online, or you can call us today at (910) 668-8067.