Creston Personal Injury Attorneys

Accidents and injuries can suddenly disrupt lives. During these trying periods, personal injury lawyers are crucial allies. They focus on advocating for those harmed by negligence, ensuring they secure the compensation they deserve. This article highlights the essential role personal injury lawyers play in navigating claims and helping individuals rebuild their lives.

When a car turning right strikes a bicyclist, it's often referred to as a "right hook" accident. This commonly happens when a cyclist is riding on the right shoulder of the road or in the bike lane alongside a car. In these types of accidents, it's usually the driver's fault, but to prove that they were liable for your injuries you must present proper evidence of their negligence.

How Right Turn Bicycle Accidents Occur

Right turn bicycle accidents typically occur in the following scenarios:

- Intersection Turn: A bicyclist and a car approach an intersection, and the car turns right, failing to see the bicyclist until it's too late.
- Overtaking on the Right: A bicyclist overtakes a slower-moving car on the right, unintentionally putting themselves in harm's way when the car turns right.
- Waiting at a Light: Both a bike and a car are waiting at a light, and when the signal changes, the car turns right, cutting off or hitting the cyclist.

Liability for a Right Turn Bicycle Accident

To prove that the driver was primarily at fault for causing the right turn accident and not the cyclist, several types of evidence are necessary:

- Police Report: This document details the accident scene and the events as described by the responding officer. It includes notes of any citations issued to the driver or the cyclist.
- Eyewitness Accounts: These are crucial as they can reveal what both the bike and the car were doing prior to the collision.
- Negligent Behavior: Evidence that the driver was speeding, failed to use a turn signal, or abruptly changed lanes can prove negligence. Conversely, if witnesses report the bicyclist was swerving between lanes, riding too close to vehicles, or ignoring a traffic control device, it may be used as a defense by the driver.
- Video or Photo Evidence: Traffic cameras or surveillance cameras from nearby businesses might have captured the incident.

Avoiding Right Turn Bicycle Accidents

To minimize the risk of right turn accidents, cyclists should:

- Maintain a Safe Distance: Keep a safe distance behind vehicles to anticipate turns or lane changes.
- Be Cautious at Intersections: Check mirrors for nearby vehicles and avoid passing on the right unless necessary.
- Ensure Ample Space: When passing a car, make sure there is enough empty area to the right in case you need to swerve to avoid a right-turning vehicle.

Filing a Claim for a Head Injury from a Bike Accident

Bicyclists, especially those who don’t wear helmets, are at serious risk of sustaining head injuries in accidents with motor vehicles. Both victims and their loved ones may feel overwhelmed when filing an injury claim after a head injury.

Who’s Liable for Injuries?

In Iowa, the person at fault for the injury is the party who is liable. In a bike accident, it is likely that the motor vehicle driver is to blame, meaning their insurance will be responsible for paying damages.

How to Prove Liability

To substantiate your claim and prove liability, you can use the following evidence:

- Police Reports
- Physical Evidence from the Scene: For example, broken bicycle parts.
- Witness Testimony

Additionally, you must prove that your head injury was a direct result of the accident, not independent of it.

How Much Am I Entitled To?

The insurance adjuster overseeing your claim determines the amount, considering:

- Extent of Injuries
- Medical Bills
- Lost Wages or Loss of Ability to Work
- Bicycle Replacement Costs

If you were partially at fault, your damage amount may be reduced. For example, if you were riding without mandatory rear bicycle lights at night, it might be argued that you contributed to the crash through negligence.

When a Settlement Amount Isn’t Enough

If offered a settlement that isn’t sufficient, you have the right to negotiate for a higher amount or file a claim against the at-fault driver in civil court. Ensure you file within the two-year statute of limitations as per Iowa Code section 614.1.

Filing a Bike Accident Claim to Recover Damages for Your Injuries

A bicycle accident claim, filed with an insurance company, can help you recover damages following a crash. Whether you suffered a right hook accident, a dooring accident, or another common type of bicycle accident, understanding the claims process is crucial.

Who Was at Fault for the Accident?

Determining fault significantly impacts how you file your claim. If the other driver caused the accident, you should file a claim with their insurance company. If you were partially at fault, your car insurance policy might still provide coverage through uninsured or underinsured motorist coverage or medical payments coverage.

Seeking Medical Help and Filing a Claim for Bodily Injury Damage

Seek medical attention immediately after an accident. Medical care is essential for your well-being and for determining the compensation amount needed for your claim. Assuming the other driver was at least partially at fault, file your bodily injury claim with their insurance company.

Documenting All Medical Treatment

Documenting your medical treatments is vital. Keep notes on:

- Initial Date of Injury
- Date of First Treatment
- Injury Details
- Doctor’s Prognosis
- Estimated Treatment Length
- Medications or Surgeries
- Appointment Dates

Filing Your Claim

File your claim as soon as possible. Your insurance agent can guide you through the process. Be truthful when filing and consult an attorney before signing anything.

Proving the Fault of the Other Driver

Proving fault can be challenging. Gather and document all evidence related to the accident, including witness testimonies. Negligence, such as speeding, drinking while driving, or failure to yield, can help pin fault on the responsible driver.

Negotiating a Settlement Amount

Insurance companies often offer initial settlements lower than deserved. You have the right to negotiate for a more appropriate amount.

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.