Bondurant Personal Injury Attorneys

Finding the Driver Responsible for Your Accident

If you were hurt by a hit-and-run driver, don't assume all is lost. Sometimes drivers with a conscience return to turn themselves in. Law enforcement can also be successful in identifying drivers using traffic or surveillance camera footage and eyewitness testimonies.

You might consider contacting a local news station to cover your story. Public exposure can lead to tips that help law enforcement identify the driver. Once identified, the driver will face criminal charges, and you will be able to file a claim with their insurer or sue them directly for the harm you've sustained.

Obtaining Compensation after a Hit and Run Bike Accident

If the driver is found, you can file a claim with their insurance company to cover your damages. If the driver flees and remains unidentified, your damages may be compensable under your auto insurance policy's uninsured/underinsured motorist coverage (UM/UIM).

Uninsured/Underinsured Motorist Coverage

UM/UIM coverage applies in the following scenarios:

- The driver doesn't have insurance.
- The driver lacks enough insurance to cover your damages.
- The driver flees the scene.

This coverage typically extends to traffic accidents when you are a pedestrian or bicyclist. Note that not all auto policies include UM/UIM, as it is optional in Iowa. If you do carry it, the minimum coverage is $20,000 per person and $40,000 per accident. Check with your insurance agent to determine your coverage.

Helmet Use and Your Bicycle Accident Claim

When filing a claim for injuries sustained during a bicycle accident, questions about fault and how it impacts your settlement amount are common. Not wearing a helmet can also affect your claim.

Iowa Helmet Laws

Iowa is one of 13 states with no bicycle helmet law. Riders of any age are not legally required to wear helmets. Thus, not wearing a helmet doesn't automatically mean you are negligent.

Comparative Negligence Laws

Despite the absence of a helmet law, the defendant may argue that you acted negligently by not wearing a helmet. Negligence is defined as irresponsible and unreasonable behavior. The defense might claim that helmet use is common knowledge and that not wearing one is unsafe.

This argument is particularly relevant if you sustained head injuries. For other injuries, helmet use is generally not a factor. Iowa’s comparative negligence laws do not bar victims from recovering damages if they are less than 50% at fault for the accident but reduce recovery amounts proportionately.

Proving Negligence

Even if your injury was to the head, it is possible to hold the other party completely liable. You will need to demonstrate that the other party acted negligently and that your injuries would not have occurred but for their actions.

Bicycle Accidents in Iowa: Prevention and Response

In Iowa, there were five pedalcyclist fatalities in 2011. Polk County had the most bicycle-car accidents from 2009-2014. The goal is to reduce these numbers to zero. Here are common types of bicycle accidents and tips to prevent them:

Right Hook Accident

A right hook accident occurs when a car turning right cuts off a cyclist. This can happen at intersections or when a vehicle exits a driveway or parking lot. To avoid this, always position yourself slightly in front of vehicles at red lights or stop signs and never pass on the right.

Dooring Accident

A dooring accident happens when a cyclist hits an open car door or swerves into traffic to avoid one. To prevent this, use bike lanes when available, stay alert for parked cars, and slow down when passing them.

Vehicle Turning Left

Left-turning vehicles may not see cyclists, especially in poor lighting. Ensure your bike has a light, wear bright colors, make eye contact with drivers, and avoid riding on sidewalks.

Failure to Yield

Cyclists may misjudge a car's speed or distance, leading to accidents. Always exercise caution 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.