Ackley Personal Injury Attorneys

Sudden accidents and injuries can drastically alter lives. In such tough periods, personal injury lawyers are invaluable. They specialize in representing those affected by others' negligence, ensuring they get fair compensation. This article discusses the vital role personal injury lawyers play in navigating claims and helping people recover.

Filing a Claim for a Head Injury from a Bike Accident and Other Legal Considerations

Bicyclists, especially those who don’t wear helmets, are at serious risk of sustaining head injuries in accidents involving motor vehicles. Both the victims and their loved ones can feel overwhelmed by the process of filing an injury claim after such an incident. This article will guide you through the claims process for a bicycle accident in Iowa, explain the types of damages you may be entitled to, and detail the necessary steps to take.

Determining Liability in a Bicycle Accident

In Iowa, the party at fault for the injury is liable for the damages. In the case of a bike accident, the motor vehicle driver is often to blame, meaning their insurance company will likely be responsible for compensating the victim.

Proving Liability

To establish liability, you must demonstrate that the driver's negligence caused the accident. Evidence that can support your claim includes:

- Police reports
- Physical evidence from the scene (e.g., broken bicycle parts)
- Witness testimony

Additionally, you must show that your head injury was directly caused by the accident.

Estimating Compensation

The compensation you receive depends on the extent of your injuries and the associated damages. Factors considered in determining a settlement include:

- The severity of your injuries
- Medical expenses incurred
- Lost wages and reduced earning capacity
- Replacement or repair costs for your bicycle

If you were partially at fault, such as not having required rear bicycle lights while riding at night, your compensation might be reduced.

Handling Insufficient Settlement Offers

If the settlement offer from the insurance company is inadequate, you have the right to negotiate or file a civil lawsuit against the at-fault driver. Iowa law (Iowa Code section 614.1) allows you two years to file such a claim. Given the potential high costs associated with brain injuries, legal action may be necessary to secure full compensation.

Determining Fault in Left-Turn Motorcycle Accidents

Establishing fault in accidents where a vehicle turns left in front of a motorcycle can be complex. Generally, the driver making the left turn is liable, as they must yield to oncoming traffic. However, exceptions exist, such as if the motorcyclist was speeding or ran a red light.

For instance, if you were riding through an intersection and a car turned left in front of you, the driver would likely be found at fault. Legal assistance can be crucial in such cases to protect your rights and ensure proper evaluation of the accident details.

Understanding Iowa Dramshop Claims

Dramshop claims arise when a bar or restaurant serves alcohol to an intoxicated person who then causes injury or damage. Iowa’s Dramshop Law holds establishments liable if they serve alcohol to someone who is visibly intoxicated or to the point of intoxication.

Proving a Dramshop Claim

To prove a dramshop claim, you must demonstrate that:

1. The establishment served alcohol to an already intoxicated person.
2. The establishment served alcohol to a person to the point of intoxication.

Types of Damages in a Dramshop Case

Victims in dramshop cases can seek various damages, including:

- Medical bills
- Lost wages
- Property damage
- Pain and suffering
- Wrongful death

Limitations of Dramshop Liability

The dramshop law applies only to licensed vendors. Private citizens hosting parties are not liable under this law. Furthermore, only those injured by the intoxicated person (not the intoxicated person themselves) can file a claim.

We Are Here To Help

Remember, you are not alone in recovering from your injuries. We have helped thousands of Iowans through their physical, emotional, and financial recoveries. If you have questions about what you are going through, feel free to call our office for your confidential injury conference. We will take the time to listen to you and give you our advice concerning your injury matter at no cost or risk to you.

Free Book at No Cost 

If you are not ready to speak with an attorney yet but would like to learn more about Iowa injury cases including tips about how you can avoid making common costly mistakes request a copy of our Iowa Personal Injury book which includes 14 myths about Iowa injury cases and 5 things to know before hiring an attorney.

If you have specific questions about your injury matter feel free to call our office to speak with our Injury team at 641-792-3595 or use our Chat feature by clicking here 24 hours a day/7 days per week. Your information will remain confidential and there is no cost or obligation.