Adel Personal Injury Attorneys

Accidents and injuries can suddenly disrupt lives. In these trying periods, personal injury lawyers are crucial allies. They focus on representing those harmed by negligence, ensuring they secure the compensation they deserve. This article highlights the essential role personal injury lawyers play in navigating claims and helping individuals rebuild their lives.

Helmet Use and Your Bicycle Accident Claim: It Matters

When you’re filing a claim for injuries sustained during a bicycle accident, it's likely you’ll have questions about fault and how negligence impacts your settlement amount. A critical factor is whether or not you wore a helmet at the time of the accident. This decision can significantly affect your bicycle accident claim.

Iowa Helmet Laws

In Iowa, there are no laws mandating bicycle helmet use, making it one of 13 states without such regulations. This lack of a legal requirement means that whether you wore a helmet doesn't automatically label you as negligent or lawless. Riders of all ages in Iowa are not legally obliged to wear helmets, which could potentially work in your favor when filing a claim.

Comparative Negligence Laws

Despite the absence of a helmet law, the defendant might argue that you acted negligently by not wearing a helmet. Negligence is defined as irresponsible and unreasonable behavior, and the defense could claim that, while not legally required, wearing a helmet is common knowledge for safety. This argument is particularly potent if your injuries are head-related, though less relevant for injuries to other body parts. Iowa’s comparative negligence laws state that victims can recover damages as long as they are less than 50% at fault. However, the compensation is reduced by the victim's percentage of fault.

Proving the Negligence of the Other Party

Even if you suffered a head injury without wearing a helmet, you can still hold the other party liable. You'll need to prove that the other party acted negligently and that your injuries resulted directly from their actions. Consulting a bicycle attorney can be crucial, as they can help prove absolute fault, file your claim, and demonstrate the extent of your damages.

Common Tactics and Defenses Insurance Adjusters Use in Personal Injury Cases

Insurance adjusters employ various tactics to deny, discredit, or delay personal injury claims. Here are some common strategies and how to protect yourself:

1. Access to Your Medical Records

Insurance adjusters often seek permission to access your entire medical history, not just records related to the accident. They aim to find any pre-existing conditions to undermine your claim. Limit their access strictly to accident-related documents.

2. Low-Ball Settlement Offers

Adjusters may offer a quick, low settlement, knowing you might be desperate for any compensation. Avoid accepting early offers without consulting a lawyer, as they typically do not cover all your expenses.

3. Surveillance

Adjusters might put you under surveillance to catch you performing activities that could suggest you’re not as injured as claimed. Always assume you are being observed and follow your doctor’s advice strictly.

4. Discouraging Legal Representation

Adjusters may dissuade you from hiring a lawyer, promising fair treatment. However, having an attorney ensures your rights are protected and can significantly impact the success of your claim.

Bicycle Accidents in Iowa: How to Avoid Them and What to Do When It Happens to You

Reducing bicycle accidents is a priority in Iowa. Here are common accident types and prevention tips:

Right Hook Accidents

These occur when a car turns right into a cyclist's path. Prevent this by positioning yourself in front of cars at intersections and avoiding passing vehicles on the right.

Dooring Accidents

Happening when a parked car door opens into a cyclist’s path, these can be severe. Use bike lanes when available, and stay vigilant around parked cars.

Vehicle Turning Left

Left-turning vehicles at intersections can collide with cyclists due to visibility issues. Enhance your visibility with lights and bright clothing, and make eye contact with drivers before crossing intersections.

Failure to Yield

Cyclists misjudging car speeds can lead to accidents. Always double-check for oncoming traffic at intersections, even if you have the right of way.

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.