Fort Madison Personal Injury Attorneys

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

Filing a Claim for a Head Injury from a Bike Accident: A Comprehensive Guide

Bicyclists, especially those without helmets, are at significant risk of sustaining head injuries in accidents involving motor vehicles. The aftermath can be overwhelming for victims and their families, particularly when navigating the claims process. This guide provides an overview of filing a claim after a head injury from a bike accident in Iowa, including determining liability, calculating damages, and the importance of legal representation.

Determining Liability in Bike Accidents

The first step in filing a claim is identifying who is responsible for the accident. In Iowa, the at-fault party is liable for the resulting damages. Typically, if a motor vehicle is involved in a bike accident, the driver is often to blame. This means the driver’s insurance is responsible for covering the damages.

Proving Liability

To establish liability, you must demonstrate that the driver’s negligence caused the accident. This involves gathering evidence such as:
- Police reports: Official documentation of the accident.
- Physical evidence: Items like broken bicycle parts or damaged personal belongings.
- Witness testimony: Statements from individuals who saw the accident occur.

Additionally, you must prove that your head injury directly resulted from the accident. Medical records and expert testimony can help substantiate your claim.

Calculating Damages

The compensation you may be entitled to depends on several factors, including the severity of your injuries and their impact on your life. An insurance adjuster typically determines the settlement amount based on:
- The extent of your injuries
- Medical bills and treatment costs
- Lost wages and reduced earning capacity
- Property damage, such as the need to replace your bike

Comparative Negligence in Iowa

Iowa’s comparative negligence law can affect your compensation. If you are found partially at fault for the accident, your damages will be reduced by your percentage of fault. For instance, if you were not using required safety equipment like rear bicycle lights at night, this might be considered contributory negligence.

When a Settlement Offer Isn’t Enough

If the settlement offer from the insurance company is insufficient, you have the right to negotiate for a higher amount. If negotiations fail, you may need to file a civil lawsuit against the at-fault driver. Iowa Code section 614.1 requires that you file your claim within two years of the accident.

Steps to Take When Filing a Lawsuit

Filing a lawsuit involves:
- Understanding state and federal laws
- Meeting the statute of limitations
- Preparing for potential challenges and prolonged legal proceedings

The Importance of Legal Representation

Navigating the claims process and negotiating with insurance companies can be daunting, especially when dealing with severe injuries. Hiring an attorney ensures your claim is handled effectively and increases your chances of receiving fair compensation.

Reasons to Hire an Attorney

1. Iowa’s Comparative Negligence Laws: An attorney can help minimize your percentage of fault, maximizing your compensation.
2. Negotiating Settlements: Legal representation can help you negotiate a fair settlement and prevent insurance companies from underpaying your claim.
3. Filing a Lawsuit: An experienced lawyer can guide you through the lawsuit process if necessary, ensuring all legal requirements are met.

How an Attorney Can Help

Attorneys at Walker, Billingsley & Bair are equipped to assist with:
- Filing your claim and gathering evidence
- Proving the fault of the other party
- Negotiating settlement amounts
- Representing you in court if needed

Specific Case: Vehicle Turning Left in Front of a Motorcycle

Determining fault when a vehicle turns left in front of a motorcycle and causes an accident often places liability on the turning driver. By law, drivers must yield to oncoming traffic when making left turns. Failure to do so generally results in liability for the accident.

Exceptions to Liability

However, exceptions exist. If the motorcyclist was speeding or ran a red light, this could reduce or eliminate the driver's liability. Establishing liability in such cases requires a thorough investigation and legal expertise.

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.