Chariton Personal Injury Attorneys

Accidents and injuries can swiftly disrupt lives. During these trying periods, personal injury lawyers are crucial allies. They specialize in representing individuals harmed by negligence, ensuring they receive rightful compensation. This article examines the important role personal injury lawyers play in guiding individuals through their claims and aiding in recovery.

The cost of pedestrian and cyclist injuries in accidents involving motor vehicles totals approximately $55 billion in lifetime expenses for victims, adjusted for inflation to 2015 dollars, according to the Association for the Advancement of Automotive Medicine. Bicyclists often sustain severe or fatal injuries in traffic accidents, leading to extensive damages listed on accident claims or lawsuits.

When an injured cyclist (or a family member) files a claim or suit against the driver involved, the driver’s insurer or attorney will likely refute some or all liability using various defenses. It's crucial for victims to enlist the help of a skilled accident attorney to build their case and dismantle any unfounded or exaggerated defenses.

Common Defenses Drivers Use in a Bike Accident Claim

Drivers and their insurers may use several common defenses to avoid liability in bicycle accident cases. Understanding these defenses can help cyclists and their attorneys prepare strong counterarguments.

Helmet Use

Drivers may argue that the cyclist is partly at fault for their injuries due to not wearing a helmet. By suggesting the cyclist's negligence in protecting themselves, the driver aims to reduce their own liability and the compensation owed.

Not Obeying Traffic Rules

Another common defense is that the cyclist was not following the rules of the road. This can include accusations of speeding, failing to stop at signals, or riding against traffic. If proven, these behaviors can shift some or all the blame to the cyclist.

Distraction

Drivers may claim that the cyclist was distracted at the time of the accident. Examples include wearing headphones, talking on the phone, or daydreaming. Such claims aim to show that the cyclist's lack of attention caused the accident.

Lack of Visibility

Drivers often argue that they could not see the cyclist, implying that the accident was unavoidable. This can be due to the cyclist not having rear lights, wearing dark clothing at night, or other visibility issues.

Navigating Settlement Offers from Insurance Companies

In Iowa, cyclists do not have to accept an insurance company’s settlement offer. There are several important considerations to keep in mind:

Assessing the Situation

1. Minor Injuries: If injuries are minor, settling on your own may be more cost-effective than paying attorney fees.
2. Medical Bills: Ensure you understand who will reimburse your medical bills. This is known as subrogation, and mishandling it can cost you your entire settlement.
3. Statute of Limitations: Know the time limits for filing a claim to avoid losing your right to compensation.

If unsure about any of these points, consult a qualified Iowa injury attorney to avoid costly mistakes.

Settlement Negotiations

Negotiation with the insurance adjuster is critical. Keep the following in mind:

1. Careful Communication: Anything said to the adjuster can be used against you. Be truthful and cautious.
2. Emotional Control: Stay calm and polite. Threats or anger can undermine your position.
3. Know Your Facts: Be well-informed about the accident details and your medical treatments.

Consulting with an experienced attorney before agreeing to any settlement is advisable to ensure you are treated fairly and not taken advantage of.

Evaluating the Value of a Claim

Several factors influence the value of a claim:

- Severity and extent of injuries
- Nature of injuries (e.g., multiple body parts, broken bones)
- Hospitalization and surgeries required
- Time missed from work
- Circumstances of the accident
- Available insurance coverage
- Potential for underinsured motorist coverage

Consult an attorney to accurately evaluate and maximize your claim.

Hit and Run Bicycle Accidents

Hit-and-run bicycle accidents pose significant challenges. In 2015, over 800 pedalcyclists died in such accidents. Drivers may flee the scene out of fear, complicating the process of recovering damages.

Finding the Responsible Driver

Efforts to identify the driver include:

- Law Enforcement: Police use traffic or surveillance footage and eyewitness testimonies.
- Media Coverage: Local news stations can help by airing the story and soliciting tips from viewers.

Once identified, the driver faces criminal charges, and you can file a claim with their insurer.

Obtaining Compensation

If the driver is not found, compensation may come from your auto insurance policy’s uninsured/underinsured motorist coverage (UM/UIM), which covers damages when:

- The driver lacks insurance
- The driver’s insurance is insufficient
- The driver flees the scene

Check your policy to determine coverage specifics.

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.