Corning Personal Injury Attorneys

Sudden accidents and injuries can drastically disrupt lives. In such tough moments, personal injury lawyers are crucial. They specialize in representing those affected by others' negligence, ensuring they get rightful compensation. This article highlights the significant role personal injury lawyers play in navigating claims and helping people recover.

Helmet Use and Your Bicycle Accident Claim: It Matters

Filing a claim for injuries sustained in a bicycle accident raises numerous questions about fault and how different factors can impact your settlement amount. One significant aspect is whether or not you were wearing a helmet at the time of the accident. In Iowa, the choice to wear a helmet can influence your bicycle accident claim, but the state's legal framework provides context for this issue.

Iowa Helmet Laws

Iowa is one of 13 states with no bicycle helmet law. This means that cyclists, regardless of age, are not legally required to wear helmets. As such, not wearing a helmet does not automatically make you negligent or unlawful. However, the absence of a helmet might still be scrutinized in a personal injury claim, especially if the injuries are head-related.

Comparative Negligence Laws

Although Iowa does not mandate helmet use, the defense might argue that failing to wear one constitutes negligence. Negligence is broadly defined as acting in a careless or unreasonable manner. The defense could contend that, given the well-known benefits of helmet use, not wearing one is irresponsible.

This argument is particularly potent if you sustained head injuries, as helmets are designed to protect the head. Injuries to other body parts typically don’t hinge on helmet use. Iowa's comparative negligence laws state that a victim can recover damages if they are less than 50% at fault for the accident. However, the compensation is reduced by the victim’s percentage of fault.

Proving the Negligence of the Other Party

Even with head injuries, it's possible to hold the other party fully liable by demonstrating that their negligence caused the accident. This requires showing that the other party's actions directly led to your injuries, regardless of helmet use.

Road Bike Safety Tips for New Cyclists

Over 46 million Americans ride bicycles each year for various reasons, including sport, fitness, fun, and commuting. While bicycling offers numerous benefits, it can also be hazardous, especially for new cyclists who are unfamiliar with road rules.

Road Safety Tips for Cyclists

Before hitting the road, familiarize yourself with key safety practices. These tips can help prevent accidents and ensure a safer riding experience:

1. Learn Local Laws: Each city and state has specific traffic laws for cyclists.
2. Practice in Safe Areas: Start in low-traffic areas to master bike control, including braking and maneuvering.
3. Take a Safety Course: 
4. Ride with Traffic: Always ride in the same direction as traffic.
5. Stay Right: If no bike path is available, ride as far to the right as practicable. Avoid sidewalks.
6. Wear a Helmet: Use a helmet on every trip without exception.
7. Stay Visible: Wear reflective clothing and use lights at night. Bright clothing is recommended during the day.
8. Avoid Earbuds: Stay alert to surrounding sounds, such as traffic noises.
9. Be Aware of Cars: Make eye contact with drivers when possible and avoid their blind spots.
10. Leave Room for Parked Cars: This prevents being "doored" if someone opens a car door suddenly.
11. Do Not Speed: Allow time to react to unexpected situations.
12. Check Your Bike: Ensure your bike is in good repair before riding.

Safe Passing Distance in Iowa

Iowa law requires drivers to pass cyclists at a “safe distance,” though it does not specify an exact measure. A good standard, adopted by many states, is three feet. When drivers fail to maintain a safe distance, they can cause severe accidents, endangering cyclists.

Consequences of Unsafe Passing

Close passing can result in:
- The cyclist being struck
- Forcing the cyclist into traffic
- Running the cyclist off the road

Proving Driver Liability

To hold a driver accountable for unsafe passing, evidence such as witness testimony, video footage, police reports, and physical evidence is essential. This proof can help establish the driver's fault and secure compensation for the cyclist’s injuries and damages.

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.