Britt Personal Injury Attorneys

Life can be abruptly disrupted by accidents and injuries. In such trying moments, personal injury lawyers are crucial. They advocate for those harmed by others' negligence, ensuring they get the compensation they deserve. This article discusses the essential role personal injury lawyers play in helping individuals navigate their claims and rebuild their lives.

Understanding Bicycle Accident Claims and Helmet Use in Iowa

When filing a claim for injuries sustained during a bicycle accident, several factors come into play, including fault and negligence. One critical aspect that can influence your claim is whether or not you were wearing a helmet at the time of the accident.

Iowa Helmet Laws

Iowa is one of 13 states without a bicycle helmet law, meaning there is no legal requirement for cyclists of any age to wear a helmet. Therefore, not wearing a helmet does not automatically label you as negligent or lawless. However, the absence of a helmet can still affect your claim, particularly if you sustained head injuries.

Comparative Negligence Laws

Despite the lack 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 for safety, and not wearing one is unreasonable. This argument is especially relevant if your injuries are head-related. 

Under Iowa's comparative negligence laws, a victim can recover damages if they are less than 50% at fault for the accident. However, the recovery amount is reduced by the victim’s percentage of fault. Thus, if the defense successfully argues that your lack of helmet use contributed to your injuries, your compensation might be diminished.

Proving the Negligence of the Other Party

Even if your injuries involve the head, it is still possible to hold the other party entirely liable. You must demonstrate that the other party acted negligently and that your injuries would not have occurred but for their actions.

Road Bike Safety Tips for New Cyclists

Bicycling is a popular activity for sport, fitness, and commuting, with over 46 million Americans riding each year. While beneficial, bicycling can also be dangerous, especially for new cyclists unfamiliar with road safety rules. High-traffic areas and non-bike-friendly roads pose significant hazards.

Road Safety Tips

- Learn Local Laws: Familiarize yourself with bicycling rules specific to your town or state.
- Practice: Start in safe areas without cars to master bike maneuvering skills.
- Safety Courses: Consider taking a bicycle safety course
- Ride with Traffic: Always ride in the same direction as traffic.
- Stay Right: Keep as far to the right as practicable if no bike path is available, and avoid riding on sidewalks.
- Helmet Use: Always wear a helmet, regardless of legal requirements.
- Visibility: Wear reflective clothing, use lights at night, and wear bright clothing during the day.
- Stay Alert: Avoid wearing earbuds and remain attentive to traffic sounds.
- Driver Awareness: Pay attention to what cars around you are doing and try to make eye contact with drivers.
- Avoid Blind Spots: Do not ride in drivers’ blind spots.
- Safe Distance: Leave room between yourself and parked cars to avoid dooring incidents.
- Speed Control: Do not speed; leave ample time to react.
- Bike Maintenance: Ensure your bike is in good repair before riding.

Filing a Claim for a Head Injury from a Bike Accident

If you sustain a head injury in a bicycle accident, understanding the claims process in Iowa is crucial for seeking compensation.

Determining Liability

The first step is identifying who is responsible for the injury. Typically, the motor vehicle driver involved in the accident is liable, and their insurance must cover the damages. The at-fault driver may try to shift blame onto the cyclist, so proving liability is essential.

Proving Liability

You can substantiate your claim with evidence such as:
- Police Reports
- Physical Evidence: For example, broken bicycle parts.
- Witness Testimony

Additionally, you must prove that your head injury resulted directly from the accident.

Calculating Compensation

An insurance adjuster determines the compensation amount based on factors such as:
- Extent of Injuries
- Medical Bills
- Lost Wages or Ability to Work
- Bicycle Replacement Costs

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

Negotiating Settlements

If offered a settlement amount that is insufficient, you have the right to negotiate or file a claim in civil court. Ensure you file within the two-year statute of limitations under Iowa Code section 614.1.

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.