Clear Lake Personal Injury Attorneys

Accidents and injuries can swiftly change lives. In these challenging times, personal injury lawyers are essential. They advocate for those harmed by negligence, ensuring they get proper compensation. This article delves into the vital role personal injury lawyers fulfill in navigating claims and helping people reclaim their lives.

Types of Alternative Dispute Resolutions for Personal Injury Cases

Many personal injury cases are resolved through negotiations with an insurance company. But sometimes the dispute necessitates alternative means of reaching an agreement, which can help avoid taking the case all the way to trial. Learn the types of alternative dispute resolutions that claimants might utilize and how they function.

Arbitrating a Personal Injury Case

Most people want to avoid litigation if possible. One way is through arbitration, which in some ways is similar to a courtroom hearing but with fewer rules surrounding the use of evidence.

An arbitrator:

- Reviews the facts and evidence
- Listens to testimony from witnesses
- Makes a final decision

It is less costly than litigation and usually takes less time. However, arbitration can be binding or non-binding, meaning the arbitrator's decision will be final or the parties may choose not to accept the decision, respectively.

Both sides have to agree on who will serve as the arbitrator. The hearing can be held in virtually any setting, which usually makes it more convenient for everyone. At the arbitration hearing, both parties will present their side. There may or may not be opening and closing statements.

Facts are established through evidence, which could include:

- Tangible items
- Medical records
- Pictures
- Video footage
- Other pertinent documentation

Witnesses provide testimony and are cross-examined. It could be an individual who observed the incident/accident causing injury or it may be an expert (e.g., medical expert, accident reconstruction).

Mediating a Personal Injury Case

An even less formal method of reaching a resolution is through mediation. It’s more commonly used in personal injury cases and again, not only avoids litigation but saves time, money, and even stress.

The mediator is an unbiased third party who, unlike an arbitrator, doesn’t make a decision or ruling. In fact, the mediator doesn’t even give his/her opinion. The mediator's job is to allow both parties to share their sides of the matter and then guide them toward an agreement that is mutually satisfactory.

In fact, the mediator may help both parties to realize that they agree on certain elements of the case. Then helps the parties bridge their differences wherever possible and work toward a resolution that is fair for everyone.

Most mediation starts with both parties meeting together in one room. Then the mediator will take each party to a separate room. Offers, demands, questions, and requests may go back and forth as the mediator moves from one party to the next.

Oftentimes it requires some give and take. In fact, most people who mediate a personal injury case should expect to make some compromises. Of course, if the matter cannot be resolved then it may have to go to trial.

Pros and Cons of Alternative Dispute Resolutions in a Personal Injury Case

Most of the benefits have already been mentioned: it can take less time, money, and hassle. Parties may approach these alternative means of resolving a dispute in a calmer and more rational manner, as litigation can sometimes stir up emotions.

Also, with mediation, the parties are more involved in the decision-making process, allowing them to have more say in the final outcome. If the case goes to trial and the other side is victorious, the injured person could end up with nothing, whereas mediation allows both sides to reach an agreeable resolution.

But it’s also important to consider some of the cons. The parties may spend money to resolve the dispute, but it does not produce any results. So more funds must be spent on litigating the case in addition to the alternative dispute resolution.

Common Defenses Drivers Have to Bicyclists' Accident Claims

The cost of pedestrian and cyclist injuries in accidents involving motor vehicles totals an approximate $55 billion (adjusted for inflation to 2015 dollars) in lifetime expenses for victims, according to an article in the Association for the Advancement of Automotive Medicine. Bicyclists often sustain severe if not fatal injuries in bicycle traffic accidents, so the damages listed on the accident claim or lawsuit are often extensive.

After an injured cyclist (or his/her family member) files a claim or suit against the driver involved (defendant), the driver’s insurer or attorney will likely refute some or all of the liability for the accident, using one of various defenses. It’s important for victims to enlist the help of a skilled accident attorney to help prove their case and tear down any bogus or exaggerated defenses.

Common Defenses Drivers Use in a Bike Accident Claim

If a driver uses a defense and convinces the court or insurer of its authenticity, the injured cyclist may not receive compensation for damages.

Here are a few of the common defenses drivers/insurers have used in bicycle accident cases:

- Helmet use: If the driver can prove that the cyclist is at least partly at fault for the injuries, the driver will reduce his own liability. Many drivers’ insurers say that because the cyclist was not wearing a helmet, s/he is partly responsible for his/her injuries, and thus is entitled to less compensation.
- Not obeying traffic rules: The driver can also claim that the cyclist was at fault because s/he was not following the rules of the road. Common examples include speeding, not coming to a complete stop when appropriate, and riding against traffic.
- Distraction: The driver can use this defense against the claim by saying that the cyclist’s distraction is what caused the accident. For example, s/he may be have been wearing headphones, talking on the phone, or simply daydreaming when struck.
- Lack of visibility: Drivers often say that they couldn’t see the cyclist and that had they seen the rider, they would have been able to prevent the accident. Sometimes this can be established if the cyclist didn’t have rear lights on the bike or was wearing dark clothes at night.

Iowa Bicycle Laws: Cars and Cyclists Must Abide!

If you live in Iowa, it’s important that you know the laws of the state. One set of laws that can be pertinent to safety are the laws regarding cyclists. Whether you consider yourself to be an avid biker or prefer to use streets via vehicle, knowing the rules of the road is critical. The following reviews bicycle laws in Iowa, all of which cars (when applicable) and cyclists must abide.

Pass on the Left

Just like vehicles, bicyclists are required to pass cars on the left if passing is necessary. According to Iowa bicycle law, to pass a motor vehicle, a bicycle must first move into the left lane. After ensuring that it is safe to pass, the bicycle may pass, but then must move back into the right lane.

Ride With Traffic, Not Against It

Another law that cyclists must abide by, which doesn’t affect pedestrians on sidewalks, is always to ride in the same direction that traffic is traveling. Riding on the wrong side of the road isn’t only illegal, but it also increases the chances that a deadly head-on collision could occur.

Always Use a Light When It’s Dark Out

Any rider that is riding a bicycle after sunset or before sunrise must use bike lights. Iowa law stipulates that a bike must be equipped with “a lamp on the front exhibiting a white light and a red light or reflector on the rear.” Both lights must be visible for a minimum distance of at least 300 feet. Using a light helps a cyclist to see the road and know where they’re traveling, and it also helps to increase the cyclist’s ability to be seen by other motorists.

Stop for School Buses

Some cyclists might assume that because they’re on a bike, they don’t have to stop for school buses. However, Iowa law requires that all modes of transportation stop for buses when a bus has its stop sign displayed or its lights flashing. Failing to stop is against the law and can result in a traffic citation.

Use Proper Hand and Arm Signals

While bicycles may not come equipped with the same sort of signaling devices as cars do, signals are still required under the law. Cyclists should familiarize themselves with and use the proper hand and arm signals.

These signals include the following:

- Left turn: left arm extended horizontally
- Right turn: left arm bent at the elbow, hand facing upwards
- Slow down/stop: left arm bent at the elbow, hand facing downwards

All signals should be made with the left arm so that motorists can clearly see the signals.

Always Report Traffic Crashes

Iowa law also requires that cyclists report all traffic crashes. Cyclists are also required to exchange information with the other party involved in the event of an accident.

Never Ride in Non-Bicycle Areas

Not all areas in the state that are open to motor vehicles are open to bicyclists. While nearly all neighborhood and main roads permit cyclists, interstates are banned for those on bikes. Some highways are also off-limits to cyclists for safety reasons. Also, keep in mind that many cities within Iowa prohibit a cyclist from riding on the sidewalk.

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.