Blue Grass Personal Injury Attorneys

Sudden accidents and injuries can drastically alter lives. In such trying times, personal injury lawyers are crucial allies. They specialize in representing those harmed by negligence, helping them secure proper compensation. This article highlights the essential role personal injury lawyers play in guiding individuals through their claims and aiding in recovery.

Many personal injury cases are resolved through negotiations with an insurance company. However, sometimes the dispute necessitates alternative means of reaching an agreement, which can help avoid taking the case all the way to trial. Understanding the types of alternative dispute resolutions (ADRs) that claimants might utilize and how they function can be crucial in effectively managing personal injury cases.

Arbitrating a Personal Injury Case

Arbitration is one method of ADR that can serve as an alternative to litigation. It is somewhat similar to a courtroom hearing but involves fewer rules surrounding the use of evidence. In arbitration:

- An arbitrator reviews the facts and evidence.
- The arbitrator listens to testimony from witnesses.
- The arbitrator then makes a final decision.

Arbitration can be less costly and time-consuming than litigation. However, arbitration can be binding or non-binding, meaning the arbitrator's decision will be final or the parties may choose not to accept the decision, respectively.

Setting and Conduct

Both sides must agree on who will serve as the arbitrator. The hearing can be held in virtually any setting, making it more convenient for everyone. At the arbitration hearing, both parties will present their side, with or without opening and closing statements. Facts are established through evidence, which may include:

- Tangible items
- Medical records
- Pictures
- Video footage
- Other pertinent documentation

Witnesses provide testimony and are cross-examined. Witnesses can include individuals who observed the incident or experts such as medical professionals or accident reconstructionists.

Mediating a Personal Injury Case

Mediation is a less formal method of ADR compared to arbitration and is more commonly used in personal injury cases. It helps avoid litigation, saving time, money, and stress. In mediation:

- A mediator acts as an unbiased third party.
- The mediator does not make a decision or ruling.
- The mediator facilitates communication between parties to help them reach a mutually satisfactory agreement.

Conduct of Mediation

Mediation usually starts with both parties meeting together in one room. The mediator then takes each party to a separate room, shuttling offers, demands, questions, and requests back and forth. It often requires some give and take, and parties should expect to make compromises. If mediation does not resolve the issue, the case may still go to trial.

Pros and Cons of Alternative Dispute Resolutions in a Personal Injury Case

Benefits of ADR

The benefits of ADR include:

- Less time-consuming than litigation
- Less costly than litigation
- Less hassle and stress
- Parties may approach the dispute more calmly and rationally
- Mediation allows parties to be more involved in the decision-making process

In mediation, the parties have more say in the final outcome. If the case goes to trial and the other side wins, the injured person could end up with nothing, whereas mediation allows both sides to reach an agreeable resolution.

Drawbacks of ADR

However, there are also potential drawbacks:

- ADR may not produce results, leading to additional expenses if litigation becomes necessary.
- Parties may spend money on ADR only to end up litigating the case anyway.

How Much Space Must Drivers Give Cyclists Under Iowa Law?

Iowa law does not specify an exact distance that drivers must give cyclists. Instead, the law mandates that vehicles must pass bicyclists at a “safe distance.” While this distance may be somewhat arbitrary, many states suggest that a safe passing distance is three feet, which serves as a good standard to apply.

Consequences of Unsafe Passing

When drivers fail to pass or ride next to a cyclist at a safe distance, they are in violation of the law. This legal violation can lead to traffic citations and pose significant dangers to cyclists, including:

- The cyclist being struck by the driver
- Forcing the biker into traffic
- Running a pedalcyclist off the road

Liability for Accidents

When a driver fails to maintain a safe distance and causes an accident, they may be held accountable for damages. Proving that a driver was driving at an unsafe distance—and that this caused the accident—can involve various types of evidence, including:

- Witness testimony
- Video footage
- Police reports
- Testimony of the parties involved
- Physical evidence

This evidence is crucial if filing an accident claim for a bike crash. If the fault of the driver can be proven, the cyclist can recover damages for all monetary losses and may also be eligible for non-economic damage recovery.

Options for Compensation after a Bicycle Accident Hit and Run

Hit-and-run bicycle accidents are, unfortunately, common. Over 800 pedalcyclists died in accidents in 2015. Irresponsible drivers, possibly driving under the influence or without a license, often flee the scene out of fear of reprisal. This illegal and unethical act makes it exceedingly difficult for bicyclists to recover financial damages.

Finding the Responsible Driver

If a driver leaves the scene, it is important not to lose hope. Sometimes, drivers with a conscience return to turn themselves in, and law enforcement investigations can be successful. Evidence such as traffic or surveillance camera footage and eyewitness testimonies can help identify the driver. Additionally, local news coverage of the incident can prompt viewers to provide tips to law enforcement.

Compensation Options

If the driver is identified, they will face criminal charges, and the victim can file a claim with their insurer or sue them directly. If the driver flees and is not found, compensation may be sought through the victim's auto insurance policy’s uninsured/underinsured motorist coverage (UM/UIM). This coverage applies if:

- The driver does not have insurance.
- The driver lacks enough insurance to cover the damages.
- The driver flees the scene.

Coverage is typically extended to include traffic accidents when the victim is a pedestrian or bicyclist. UM/UIM coverage is optional in Iowa, with minimum coverage being $20,000 per person and $40,000 per accident.

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.