Fairfax Personal Injury Attorneys

Accidents and injuries can swiftly disrupt lives. During these challenging periods, personal injury lawyers are indispensable allies. They focus on advocating for those harmed by negligence, ensuring they get the compensation they deserve. This article examines the important role personal injury lawyers play in navigating claims and aiding in recovery.

Options for Compensation After a Bicycle Accident Hit and Run

Hit and run bicycle accidents are alarmingly common. In 2015 alone, over 800 pedalcyclists died in accidents. This statistic is distressing enough, but the situation worsens when irresponsible drivers flee the scene. This act, often driven by fear of repercussions, can make it exceedingly difficult for bicyclists to recover financial damages.

There’s no valid excuse for the illegal and unethical act of leaving the scene of an accident. If you or a loved one suffered a bike accident hit and run, you would likely need to look to your insurance policies to pay for your damages.

Finding the Driver Responsible for Your Accident

If you were hurt by a hit-and-run driver, don’t assume all is lost. Sometimes, drivers with a conscience turn themselves in. Law enforcement efforts, often successful, utilize traffic or surveillance camera footage and eyewitness testimonies to identify the driver. 

You might also consider contacting local news stations to cover your story. If aired, viewers may provide tips to law enforcement. Once the driver is identified, they will face criminal charges, and you can file a claim with their insurer or sue them directly for the harm sustained.

Obtaining Compensation After a Hit and Run Bike Accident

If the driver is found, you can file a claim with their insurance company to cover your damages. If the driver flees and is not found, your damages may be compensable under your auto insurance policy’s uninsured/underinsured motorist coverage (UM/UIM). 

UM/UIM covers damages in cases where:
- The driver doesn’t have insurance.
- The driver lacks enough insurance to cover your damages.
- The driver flees the scene.

This coverage typically includes traffic accidents when you are a pedestrian or bicyclist. However, not all auto policies include UM/UIM as it is optional in Iowa. If you do carry it, the minimum coverage is $20,000 per person and $40,000 per accident. Check with your insurance agent to determine your coverage details.

Iowa Pedestrian Law as It Applies to Pedestrians

The National Highway Traffic Safety Administration (NHTSA) reports that over 4,000 pedestrians are killed and tens of thousands are injured annually in traffic accidents across the United States. Pedestrians must understand the laws in their state to stay safe and avoid accidents.

Pedestrian Laws in Iowa

In Iowa, pedestrians must obey traffic control signals and the rules of the road, dictating right-of-way at intersections and elsewhere. Pedestrians have the right of way at intersections without traffic lights and when walking on crosswalks, both marked and unmarked.

Motorists must yield to pedestrians when entering or leaving driveways, parking lots, or alleys. However, pedestrians should exercise caution and not assume vehicles will stop, even if the law mandates it.

Pedestrians must yield to motorists and cyclists when crossing a road outside intersections or where no marked or unmarked crosswalks exist. They should also use pedestrian tunnels or overhead crossings where available.

When walking along a road or highway without a sidewalk, pedestrians must stay on the left side, facing oncoming traffic, to see and react to approaching vehicles. Hitchhiking on the roadway is prohibited, although standing on portions not used by vehicles to solicit a ride is allowed.

Legal Recourse for Injured Pedestrians

Despite adhering to laws, pedestrians can still be involved in accidents due to motorists' negligence. Injured pedestrians can file for damages to seek compensation for physical and emotional trauma. They must prove the motorist's fault and demonstrate the damages associated with the accident and injuries.

Evidence may include:
- Medical bills
- Evidence of lost wages
- Various documentation, testimony, or other proof of damages

Navigating this process can be challenging without a personal injury attorney experienced in these cases. An attorney can help gather evidence and build a strong case to establish the motorist's negligence.

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. Victims and their loved ones may feel overwhelmed with the process of filing an injury claim.

Determining Liability

In Iowa, the party at fault for the injury is liable for damages. In a bike accident, the motor vehicle driver is often to blame, making their insurance liable for paying damages. However, the at-fault driver may try to evade responsibility by claiming the cyclist contributed to the crash.

Proving Liability

To substantiate your claim and prove liability, gather the following evidence:
- Police reports
- Physical evidence from the scene (e.g., broken bicycle parts)
- Witness testimony

You must also prove that the head injury directly resulted from the accident.

Calculating Compensation

The insurance adjuster will determine the settlement amount based on:
- The extent of injuries
- Medical bills
- Lost wages or ability to work
- Bicycle replacement needs

If you were partially at fault, your compensation might be reduced. For instance, riding at night without mandatory rear bicycle lights could be seen as contributory negligence.

When a Settlement Isn’t Enough

If offered an insufficient settlement, you have the right to negotiate for more or file a claim against the at-fault driver in civil court. Ensure to file your claim within two years, pursuant to Iowa Code section 614.1. Due to the high costs associated with brain injuries, a civil suit may be necessary for full compensation.

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.