Center Point Personal Injury Attorneys

When accidents and injuries abruptly disrupt lives, personal injury lawyers become indispensable. They focus on representing those harmed by negligence, helping them obtain rightful compensation. This article examines the important role personal injury lawyers play in guiding individuals through their claims and aiding in recovery.

Should I Hire an Attorney for a Bicycle Accident?

Without an attorney for a bicycle accident, you may encounter difficulties getting your full compensation amount or proving that you weren’t at fault. After a bicycle accident in Iowa, here are three compelling reasons why you should speak to an attorney.

Iowa’s Comparative Negligence Laws

One of the main reasons to hire an attorney after a bicycle accident is Iowa’s comparative negligence law. This law allows for your damages amount to be reduced by your proportion of fault. For example, if you were 10 percent at fault for your bike accident, your compensation payout will be reduced by 10 percent. When filing a claim, you can be sure the defendant/insurance company will focus on any errors you made, hoping to pay you less than you deserve.

Negotiating a Settlement Amount

An attorney can help you demonstrate that your injuries were incurred because of the fault of the other party. They can also guide you through settlement negotiations. It’s not uncommon for insurance companies to try to pay you less than you’re entitled to. To ensure you’re getting your full payout amount, a legal advocate can be crucial.

Filing a Lawsuit

Sometimes, settlements don’t work out as they should, or injuries are so severe that filing a claim with the insurance company alone isn’t enough. In such cases, you may want to file a lawsuit. Filing a lawsuit requires knowledge of state and federal law, adherence to the state’s statute of limitations, and time and perseverance in the face of adversity.

Helmet Use and Your Bicycle Accident Claim

When filing a claim for injuries sustained during a bicycle accident, questions about fault and how error impacts your settlement amount often arise. Not wearing a helmet can affect your bicycle accident claim.

Iowa Helmet Laws

Iowa is one of 13 states with no bicycle helmet law. Therefore, riders of any age in Iowa are not legally obligated to wear helmets. Despite this, not wearing a helmet doesn't automatically mean you are negligent. 

Comparative Negligence Laws

The absence of a helmet law does not prevent the defendant from arguing that you acted negligently. Negligence is defined as irresponsible and unreasonable behavior. The defense might claim that, despite the lack of a legal requirement, not wearing a helmet is unsafe and unreasonable, especially if the injuries sustained are head injuries. 

If the driver argues that your actions were unreasonable, your claim may fall subject to the state’s comparative negligence laws. These laws allow recovery of damages if the victim is less than 50 percent at fault but reduce the recovery amount by their proportion of blame.

Proving the Negligence of the Other Party

Even if your injury was to the head, you can still hold the other party completely liable. You must demonstrate that, helmet or not, the other party acted negligently and that your injuries would not have been sustained but for these negligent actions.

Common Defenses Drivers Have to Bicyclists' Accident Claims

The cost of pedestrian and cyclist injuries in accidents involving motor vehicles totals approximately $55 billion in lifetime expenses for victims, according to the Association for the Advancement of Automotive Medicine. Bicyclists often sustain severe or fatal injuries, leading to extensive damages listed on accident claims or lawsuits. 

Common Defenses Drivers Use in a Bike Accident Claim

Here are some common defenses drivers and their insurers might use:

1. Helmet Use: If the driver proves the cyclist was not wearing a helmet, they may argue the cyclist is partly responsible for their injuries and thus entitled to less compensation.
2. Not Obeying Traffic Rules: The driver might claim the cyclist was at fault for not following traffic rules, such as speeding, not stopping, or riding against traffic.
3. Distraction: The driver might argue the cyclist was distracted, for example, wearing headphones or using a phone, leading to the accident.
4. Lack of Visibility: Drivers often claim they couldn’t see the cyclist, especially if the cyclist didn’t have rear lights or was wearing dark clothes at night.

Take Action to Find Representation Today

At Walker, Billingsley & Bair, our attorneys are ready to get to work on your claim today. We want to help you complete the necessary steps:

- Negotiations: Ensuring you get a fair settlement amount.
- Proving Fault: Demonstrating the negligence of the other party.
- Filing a Lawsuit: If necessary, pursuing legal action.
- Support System: Acting as your support system throughout the process.

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.