Carter Lake Personal Injury Attorneys

Life can be abruptly disrupted by accidents and injuries. In such challenging times, personal injury lawyers are crucial allies. They advocate for individuals affected by negligence, helping them obtain the compensation they deserve. This article delves into the significant role personal injury lawyers play in guiding individuals through their claims and aiding in recovery.

How to Prevent Alcohol-Related Bike Accidents

Just like drinking and driving, drinking and biking do not mix. Alcohol impairs your cognitive and motor skills and slows your reaction time. Despite the obvious dangers of operating a motor vehicle or bicycle while under the influence of alcohol, millions of people still do it. Roughly 3.2 percent of Iowans admit to getting behind the wheel in the past 30 days after drinking too much, which, incidentally, is significantly higher than the national average of 1.9 percent, according to the Centers for Disease Control and Prevention.

Statistical Snapshot of Alcohol-Related Bike Accidents

Statistics don’t lie. One glance at the following figures provided by the National Highway Traffic Safety Administration and it becomes obvious just how deadly the mix between alcohol and driving/biking can be.

- In 34 percent of fatal bicycle accidents, either the cyclist or the driver was under the influence of alcohol.
- Of all the bicyclists who died in traffic accidents in 2013, 20 percent had a blood alcohol concentration of 0.08 g/dL, the legal limit for alcohol, and nearly one-quarter of them had a BAC of 0.01 g/dL.

Intoxication Affects Bike Accident Liability

In addition to putting your and others’ lives in danger when you bike or drink while under the influence, you also put yourself at risk legally. First of all, if you are ever responsible for an accident and your BAC exceeded the legal limits, you will be subject to criminal charges. This can mean jail time, fines, and lost driving privileges, among other penalties.

Also, driving or cycling while intoxicated is considered negligence in an accident claim or lawsuit. As such, if ever you are in a crash and were inebriated at the time, you will be the party responsible for the damages. This is because Iowa is an at-fault car insurance state. This means that when you hurt someone, they are legally entitled to pursue recovery from you, i.e., sue you.

Involved in an alcohol-related bike accident? Call our injury attorney for a free consultation. If you were recently in a bicycle accident and sustained damages, it’s in your best interest to run your case by an attorney to determine your options and the best way to seek restitution.

How Much Space Must Drivers Give Cyclists Under Iowa Law?

There is no specific amount of distance that Iowa law requires drivers to give cyclists; instead, the law reads that vehicles must pass bicyclists at a “safe distance.” While this distance may be a bit arbitrary, other states say that a safe passing distance is three feet and is a good standard to apply.

In Iowa, bicycle and traffic laws help to maintain a safe relationship between drivers and cyclists. But when drivers infringe upon these laws, accidents can result.

When Drivers Fail to Follow the Safe Distance Law

When drivers fail to pass or ride next to a cyclist at a safe distance, the motorist is in violation of the law. Not only has a legal violation occurred (resulting in a traffic citation), but the cyclist may be in danger, too.

Driving too close to a cyclist can cause many terrible consequences:
- The cyclist being struck by the driver
- Forcing the biker into traffic
- Running a pedalcyclist off the road

Who’s Liable for an Accident Caused by an Unsafe Distance?

When driving too closely to a cyclist who is riding safely around traffic results in an accident, the driver may be held accountable for damages.

Ways to prove that a driver was driving at an unsafe distance—and that this, in fact, caused the accident—include the following:
- Witness testimony
- Video footage
- Police reports
- Testimony of parties involved
- Physical evidence

The types of evidence listed above are crucial if filing an accident claim for a bike crash. If the fault of the driver in question can be proven, then the cyclist will be able to recover damages for all monetary losses, and may also be eligible for noneconomic damage recovery, too.

Do You Have to Accept The Insurance Companies Settlement?

In Iowa, you definitely do not have to accept an insurance company settlement offer, but there are several things to keep in mind:

1. Are your injuries minor such that you may be better off settling the case on your own in order to avoid having to pay an attorney a percentage of your settlement?
2. If your medical bills have been paid by your health insurance or another insurance company, who will be reimbursing them? This is called subrogation and can cost you your entire settlement if you do not know what you are doing.
3. How much time do you have until the statute of limitations expires and you will likely receive nothing?

If you don't know the answers to any of the above questions, then we strongly recommend that you at least contact and speak with a qualified Iowa injury attorney. Failing to do so could cost you thousands of dollars and sometimes your entire case.

Settlement Negotiations

Keep in mind that it is very rare that the insurance company's first offer is their best offer. You should definitely try to negotiate with the insurance adjuster in any case in which you are trying to represent yourself, but keep in mind the following:

1. Anything you tell the insurance adjuster can and will be used against you in your claim and later on if there is a lawsuit so be careful about what you tell the insurance adjustor, but definitely do not lie. Keep in mind that if you have prior injuries and accidents, they will find out about them in their database that insurance companies share with each other.

2. It is not a good idea to threaten the insurance adjustor. As with most things in life, being nice will get you a lot further than being upset and angry with someone.

3. You should know your facts including how the injuries happened, who you treated with and the conditions you have been diagnosed with.

Before you agree to any settlement offer in a case involving injuries, it is always a good idea to speak with a qualified Iowa injury attorney in order to find out if you are being taken advantage of or being treated fairly. Yes, you can ask your family and friends what they think, but it is better to ask someone who deals with insurance companies on a daily basis and who has handled hundreds of injury cases similar to yours. No two cases are identical, they all share common items.

How to Evaluate the Value of a Claim

- The severity and extent of the injuries
- The nature of the injuries such as multiple body parts being injured
- Are there objective injuries like broken bones?
- Were they hospitalized?
- Did they require surgery?
- How much time did they miss from work?
- Where were they working when they were injured?
- How much insurance coverage is available?
- Is there a claim to be brought for underinsured motorist coverage?

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.