Cascade Personal Injury Attorneys

Accidents and injuries can unexpectedly disrupt lives. During these difficult 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 significant role personal injury lawyers play in helping individuals navigate their claims and rebuild their lives.

Options for Compensation after a Bicycle Accident Hit and Run

Hit and run bicycle accidents are unfortunately common. National bicycle accident statistics reveal that over 800 pedalcyclists died in accidents in 2015. Often, irresponsible drivers, who may be driving under the influence or without a license, flee the scene out of fear of reprisal. This makes it exceedingly difficult for bicyclists to recover financial damages after suffering an accident.

There's no viable excuse for the illegal and unethical act of leaving the scene of an accident. If you or your loved one suffered a bike accident hit and run, you may need to look to your insurance policies to pay for your damages.

Finding the Driver Responsible for Your Accident

If you were hurt by a hit-and-run driver, don't assume all is lost. Drivers with a conscience sometimes return to turn themselves in. Law enforcement investigations sometimes prove successful using evidence such as traffic or surveillance camera footage and eyewitness testimonies to identify the driver.

You might also consider contacting local news stations to cover your story. If aired, viewers may provide tips that help law enforcement identify the driver. Once identified, the driver will face criminal charges, and you can 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 stays put or the police find them after the crash, you can file a claim with the driver’s insurance company to cover your damages. If the driver flees, your damages may be compensable under your auto insurance policy's uninsured/underinsured motorist coverage (UM/UIM).

UM/UIM covers your damages in these instances:
- The driver doesn't have insurance.
- The driver lacks enough insurance to cover your damages.
- The driver flees the scene.

Coverage typically extends to traffic accidents when you are a pedestrian or bicyclist. Not all auto policies include UM/UIM, as it is optional coverage 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.

Iowa Pedestrian Law as It Applies to Pedestrians

According to the National Highway Traffic Safety Administration (NHTSA), over 4,000 pedestrians are killed in traffic accidents yearly, and tens of thousands are injured across the United States. It's imperative that pedestrians learn about the pedestrian laws in their state to ensure compliance and prevent dangerous accidents.

The NHTSA reports that 75 percent of pedestrian accidents occur in urban areas, on clear or cloudy days, and at nighttime. Understanding pedestrian laws in Iowa can help prevent accidents and aid in claiming damages if an accident occurs.

The Pedestrian Laws in Iowa

In Iowa, traffic laws specify that pedestrians must obey the rules of the road and traffic control signals. These laws also dictate who has the right of way at intersections and elsewhere on the road. Pedestrians have the right of way at intersections without traffic lights and when walking on crosswalks, both marked and unmarked.

Motorists must yield to pedestrians when entering or leaving:
- A driveway
- A parking lot
- An alley

However, pedestrians should be cautious when crossing and never assume a vehicle will stop even if the law mandates it.

Pedestrians must give right of way to motorists, including cyclists, when crossing a road at any point other than an intersection where there are no marked or unmarked crosswalks. Additionally, pedestrians should stay on the left side facing oncoming traffic when walking along roads without sidewalks. This allows them to see and move out of the way if a vehicle swerves.

Iowa traffic laws also address hitchhiking. Pedestrians cannot stand on the roadway to solicit vehicles for hitchhiking but can stand on parts of the road not usually used by vehicles to solicit rides.

Law-Abiding Pedestrians Who End Up as Accident Victims

Despite following the laws, pedestrians can still become accident victims due to negligent motorists. Injured pedestrians can file for damages and seek compensation for physical and emotional trauma.

To pursue compensation, pedestrians must prove the motorist's fault and demonstrate the damages associated with the accident. This may include presenting medical bills, evidence of lost wages, and other documentation.

Filing a Claim for a Head Injury from a Bike Accident

Bicyclists, especially those who don’t wear helmets, are at serious risk of sustaining a head injury in an accident with a motor vehicle. The process of filing an injury claim can be overwhelming for victims and their loved ones. This guide helps you understand the claims process for a bicycle accident in Iowa, the damages you may be entitled to, and the next steps.

Who’s Liable for Injuries?

The first step in the claims process is determining who is responsible for the damage. In Iowa, the person at fault for the injury is the party liable. In a bike accident, the motor vehicle driver involved is usually to blame, meaning their insurance will be liable for paying for damages.

How to Prove Liability

The at-fault driver may try to avoid responsibility by claiming that you, the cyclist, contributed to the crash. You can substantiate your claim and prove liability with evidence such as:
- Police reports
- Physical evidence from the scene (e.g., broken bicycle parts)
- Witness testimony

You must also prove that your head injury was a direct result of the accident.

How Much Am I Entitled To?

The insurance adjuster overseeing your claim will determine the amount based on the extent of damages suffered. Considerations include:
- The extent of your injuries
- Medical bills
- Lost time from work or lost ability to work
- Replacement of your bike

If you were partially at fault, your damage amount may be reduced. For example, if you were riding at night without required rear bicycle lights, the driver may argue you contributed to the crash through negligence.

When a Settlement Amount Isn’t Enough

If the settlement offer is insufficient, you do not have to accept it. You have the right to negotiate for a higher amount and, if necessary, file a claim against the at-fault driver in civil court. You must file your claim within two years, per 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.