Cherokee Personal Injury Attorneys

Accidents and injuries can swiftly disrupt lives. In such difficult moments, personal injury lawyers are crucial. These professionals represent those harmed by others' negligence, helping them obtain rightful compensation. This article highlights the significant role personal injury lawyers play in navigating claims and helping people reclaim their lives.

Bicycle Accidents in Iowa: How to Avoid Them and What to Do When It Happens to You

Bicycle accidents in Iowa are a serious concern. In 2011, there were five pedalcyclist fatalities, and Polk County had the highest number of bicycle-car accidents from 2009 to 2014, according to the National Highway Traffic Safety Administration. The goal is to reduce these accidents to zero. Understanding common accident types and preventive measures can significantly enhance your safety. Here's a detailed look at common bicycle accidents, how to avoid them, and what to do if you're involved in one.

Common Types of Bicycle Accidents and Prevention Tips

1. Right Hook Accident

A right hook accident occurs when a car making a right-hand turn crosses the path of a cyclist. These accidents often happen at intersections or when cars pull out of driveways or parking lots. Drivers sometimes fail to signal their turns, making it challenging for cyclists to anticipate their movements.

Prevention Tips:
- Always position yourself slightly in front of vehicles in the right-hand lane at red lights or stop signs, ensuring drivers see you.
- Never pass a vehicle on the right. Instead, pass on the left where drivers are more likely to expect you.

2. Dooring Accident

A dooring accident happens when a cyclist collides with an open car door or is forced to swerve into traffic to avoid it. This typically occurs when riding between lanes of traffic and parked cars.

Prevention Tips:
- Use separate bike lanes when available.
- Stay alert for parked cars and slow down when approaching them.
- Maintain a safe distance from parked cars to give yourself time to react if a door opens unexpectedly.

3. Vehicle Turning Left

Left-turning vehicles at intersections are required to yield to oncoming traffic. However, cyclists are often harder to see, especially in poor lighting, leading to accidents when drivers make left turns directly into or in front of cyclists.

Prevention Tips:
- Equip your bike with lights and wear bright, visible clothing.
- Make eye contact with drivers before proceeding through intersections.
- Avoid riding on sidewalks, as motorists typically don’t check sidewalks for fast-moving bicycles.

4. Failure to Yield

Cyclists may sometimes fail to yield the right of way to vehicles at intersections, misjudging the speed and distance of oncoming cars.

Prevention Tips:
- Exercise caution and double-check before entering intersections.
- Ensure that drivers see you before proceeding, even if you have the right of way.

What to Do After a Bicycle Accident

If you are involved in a bicycle accident in Iowa, it’s crucial to take specific steps to protect your rights and health.

1. Ensure Safety and Seek Medical Attention: Move to a safe location if possible and seek immediate medical attention for any injuries.
2. Report the Accident: Contact the police to report the accident. This creates an official record that can be vital for any subsequent legal claims.
3. Gather Information: Collect details about the driver, witnesses, and any other relevant information. Take photos of the scene, your bike, and your injuries.
4. Consult an Attorney: Contact a personal injury attorney who can help determine fault, file your claim, and represent you if your claim is denied or if your injuries are severe.

Legal Assistance and Common Defenses in Bicycle Accident Claims

Bicycle accidents often result in severe injuries, leading to substantial medical expenses and other damages. After an accident, the driver’s insurer or attorney might use several defenses to reduce or deny liability. Understanding these defenses and working with an experienced attorney can help protect your rights.

Common Defenses Used by Drivers

1. Helmet Use: Insurers may argue that the cyclist’s injuries were exacerbated by not wearing a helmet, thus reducing their liability. However, Iowa does not have a bicycle helmet law, so helmet use is not legally required.
2. Traffic Rules Compliance: Drivers may claim the cyclist was at fault for not obeying traffic laws, such as speeding, not stopping, or riding against traffic.
3. Distraction: It may be argued that the cyclist was distracted (e.g., using headphones or a phone), contributing to the accident.
4. Lack of Visibility: Drivers often claim they didn’t see the cyclist, especially if the cyclist wasn’t using lights or wearing visible clothing.

Comparative Negligence in Iowa

Iowa follows comparative negligence laws, which means your compensation can be reduced by your percentage of fault. If you are found to be less than 50% at fault, you can still recover damages, but they will be reduced by your share of the blame.

Proving Negligence and Seeking Compensation

To secure compensation, you must prove the other party’s negligence. This includes demonstrating that the driver’s actions directly caused your injuries. Even if you weren’t wearing a helmet, you could still hold the driver accountable by showing their negligence.

Steps to Take:

1. Document Everything: Keep thorough records of the accident, your injuries, medical treatments, and any communications with insurers.
2. Consult a Lawyer: A skilled attorney can help gather evidence, build your case, and negotiate with insurance companies.

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.