Audubon Personal Injury Attorneys

Personal injuries in Audubon can happen in more ways than one. Sometimes an injury occurs on the job because of a negligent third party. Other times it happens while walking across the street or riding a bicycle. Whatever the circumstances, understanding your legal options is the first step toward recovering the compensation you deserve.

At Walker, Billingsley & Bair, our Audubon personal injury attorneys help injured residents sort through third-party claims, pedestrian accidents, and bicycle accident claims. Below, we explain how these types of cases work under Iowa law, what to watch for, and how to protect your right to compensation.

When a Third Party Contributes to Your Audubon Work Accident

If you were injured in a work accident in Audubon, you may be able to pursue a third-party claim in addition to workers' compensation. A personal injury attorney can evaluate your case to determine who was negligent in your work-related accident and whether the negligence involved someone outside of your place of employment.

Any employee who is injured while on the job is entitled to receive workers' compensation benefits. However, the situation becomes more complicated when another party is involved, meaning someone other than the employer or a co-worker. This is why it is important to seek legal help after an Audubon work accident.

Overview of a Third-Party Claim

Employees generally cannot sue their employers for injuries that occur while at work if they accept workers' compensation payments. Employers are protected from lawsuits once those benefits are paid, even if the employer was clearly negligent and directly caused the injury. However, in some cases your injuries may have been caused by another person or company that is not related to your place of employment. This may lead you to file what is called a third-party claim. A third party may be negligent for part or all of your injuries, and an attorney can help determine whether that is the case based on the specific circumstances of your Audubon work accident.

A third-party claim can become complicated and time-consuming, which is why Audubon workers need the help of an injury attorney who handles both workers' compensation and personal injury cases.

Compensation in a Third-Party Claim

Workers' compensation benefits will cover your medical expenses and lost wages, but you cannot receive other types of damages such as pain and suffering or mental anguish through workers' compensation alone. You also cannot receive punitive damages, which relate to cases where an injury was caused by extreme recklessness or with intent to harm.

With a third-party claim, you may be able to recover damages that go above and beyond your medical expenses and lost wages. This is important in cases where injuries are severe, since there are limits on how much you can receive from workers' compensation alone, and that amount may not fully cover all of your losses. Pursuing a workers' compensation claim can already take time, and adding a third-party claim will delay it further, but it may be worth it if your injuries are severe. Contacting an Audubon workers' compensation and personal injury attorney right away can help you understand what other damages you may be entitled to pursue.

Staying Safe as a Pedestrian in Audubon

As the weather warms up throughout the year, more Audubon residents are out enjoying the outdoors. This means drivers on the road need to watch closely for pedestrians, whether they are crossing the street or simply walking along it, especially at night. Pedestrians also need to keep in mind that they should remain visible to drivers at all times and should avoid wearing dark colored clothing after dark to prevent blending into the background.

How Can You Protect Yourself When You Are a Pedestrian?

As a pedestrian in Audubon, you should never assume that a driver sees you. You do not know what is happening inside the vehicle or whether the driver is distracted. Even if you are standing at a crosswalk or by a stop sign waiting to cross, this does not guarantee the car will actually stop. You should make eye contact with the driver before walking in front of their vehicle, and you should always make sure you have plenty of time to cross without worrying about being struck.

You should never try to cross the street in the middle of a block. Always go to the next intersection instead. If there are cars parked along the side of the road, they might keep you hidden from drivers until it is too late, and most drivers are not watching closely for pedestrians in the middle of a block the way they do at intersections. If you encounter a walk light, you are generally safe to cross in the direction of the signal. If you are still struck by a car after crossing during a walk light at a crosswalk, the driver is most likely at fault.

How Can You Protect Yourself as a Driver?

As a driver in Audubon, you need to yield to pedestrians at crosswalks or you may be found negligent. It is a driver's duty to yield to pedestrians when they are crossing at the proper time, and to sound their horn as a warning if necessary. If a pedestrian decides to cross during a yellow or red light and is struck by a vehicle, the pedestrian may be considered at fault, since it is their duty to yield to vehicles when crossing during a red or yellow light. Distracted driving, including talking on a cell phone or texting, increases the risk to pedestrians walking across Audubon roads, so drivers need to stay alert at all times.

Filing a Bike Accident Claim to Recover Damages

A bicycle accident claim filed with an insurance company can help an injured Audubon cyclist recover damages following a crash. Whether the crash was a right hook accident, a dooring accident, or another common type of bicycle accident, you will need to understand how to pursue compensation.

Who Was at Fault for the Accident?

Determining fault in a bike accident claim has a significant impact on how you file. If you caused the accident, you should file your claim with your own car insurance company. If the other driver caused the accident, you should file a claim with their insurance company. Even if you were on your bike rather than in a car, if you carry a car insurance policy, it is likely that policy will provide you coverage. Uninsured or underinsured motorist coverage, along with medical payments coverage, can also help you recover compensation. Knowing the specifics of your own policy is crucial when filing a bicycle accident claim in Audubon.

Seeking Medical Help and Filing a Claim for Bodily Injury Damage

If you have been in a bicycle accident, you will likely need to file a claim for bodily injury damage. The first step is always seeking medical attention. Getting care is critical to your wellbeing, and it is also necessary for establishing how much compensation you will need for your bicycle accident claim. Assuming the other driver was even partially at fault for the crash, you should file your bodily injury claim with that driver's insurance company.

Documenting All Medical Treatment

Along with receiving medical treatment, you will need to document all of it. Keep notes on the following:

• Initial date of your injury
• Date you first received treatment
• How the injury occurred
• The prognosis issued by your doctor
• Estimated length of treatment
• Any medications or surgeries
• Dates of all appointments related to the accident

Filing Your Claim

Once you have documented the above and sought medical treatment, it is time to file your claim. The earlier you file, the better. Your insurance agent should lead you through the process, either by walking you through filing over the phone or having you file the claim on your own. Always be as truthful as possible when filing a claim, and never sign anything without an attorney present.

Proving the Fault of the Other Driver

Proving the fault of the other driver can be one of the most difficult parts of filing a claim for damages. If the insurance company believes you were even partially to blame for the accident, they may try to deny you coverage or reduce your compensation. To prove fault, you will need to gather and document all evidence related to the accident. Witness testimony can also be essential if anyone saw the crash happen. Fault is based on negligence, meaning a driver's failure to act reasonably. Speeding, drinking while driving, failing to yield, and aggressive driving are all examples of negligence that can be used to establish fault on the responsible driver.

Negotiating a Settlement Amount

Once you have submitted your claim, the insurance company will offer a settlement amount. Never accept the first amount offered. It is likely that the initial offer will be lower than what you deserve. Often, you can recover a more appropriate amount of compensation through negotiation rather than accepting the first number presented.