Harlan Personal Injury Attorneys

Accidents and injuries can swiftly change lives. In such trying times, personal injury lawyers are vital. These professionals specialize in advocating for those harmed by others' negligence, helping them secure fair compensation. This article discusses the significant role personal injury lawyers play in helping individuals navigate their claims and rebuild their lives.

Common Defenses Drivers Have to Bicyclists' Accident Claims

Bicycle accidents involving motor vehicles can result in severe or even fatal injuries for cyclists, leading to substantial financial and emotional burdens. According to the Association for the Advancement of Automotive Medicine, pedestrian and cyclist injuries in such accidents amount to approximately $55 billion in lifetime expenses, adjusted to 2015 dollars. Given the extent of these damages, it is crucial for injured cyclists or their families to understand the common defenses drivers may use to refute liability and how to effectively counter these defenses with the help of a skilled accident attorney.

Common Defenses Drivers Use in Bike Accident Claims

Helmet Use

One common defense is the claim that the cyclist is partly at fault for their injuries due to not wearing a helmet. If the driver or their insurer can prove this, they may argue that the cyclist’s compensation should be reduced accordingly. The argument hinges on the notion that wearing a helmet could have mitigated the severity of the injuries sustained.

Not Obeying Traffic Rules

Drivers may also claim that the cyclist did not follow traffic rules, contributing to the accident. Examples include speeding, failing to stop at a stop sign, or riding against traffic. If the driver can convince the court or insurer that the cyclist’s actions were a significant factor in causing the accident, the liability may shift.

Distraction

Another defense involves accusing the cyclist of being distracted at the time of the accident. This can include wearing headphones, talking on the phone, or daydreaming. If the driver can present evidence of the cyclist’s distraction, it may reduce or eliminate their liability.

Lack of Visibility

Drivers often argue that they couldn’t see the cyclist, especially if the accident occurred at night and the cyclist wasn’t wearing reflective clothing or using rear lights. Lack of visibility can be a compelling defense, particularly if the cyclist did not take adequate precautions to make themselves visible to motorists.

Filing a Claim for a Head Injury from a Bike Accident

Determining Liability

In Iowa, determining who is liable for injuries in a bike accident is the first step in filing a claim. Typically, the motor vehicle driver involved is at fault, meaning their insurance should cover the damages. However, the driver may try to deflect responsibility by claiming the cyclist contributed to the crash.

Proving Liability

To prove liability, cyclists need to gather substantial evidence, including:
- Police reports
- Physical evidence from the scene (e.g., broken bicycle parts)
- Witness testimony

Additionally, it is essential to prove that the head injury was a direct result of the accident and not due to any other cause.

Calculating Compensation

The amount of compensation depends on various factors, including the extent of the injuries, medical bills, lost wages, and the need to replace or repair the bicycle. If the cyclist is found partially at fault, their compensation may be reduced. For instance, failing to use rear bicycle lights at night can be seen as contributory negligence.

When Settlement Offers Are Insufficient

If a settlement offer is insufficient, cyclists have the right to negotiate for a higher amount or file a claim in civil court. In Iowa, claims must be filed within two years of the accident, as per Iowa Code section 614.1. Given the high costs associated with brain injuries, seeking full compensation often necessitates legal action.

The Role of Negligence in Determining Fault

Iowa follows a modified comparative fault system, where a judge or jury assigns a percentage of fault to each party involved in the accident. If the injured party’s fault is 51% or higher, they cannot recover any damages. If their fault is 50% or less, their compensation is reduced by their percentage of fault.

Evidence to Reduce Fault

Key evidence to establish the other party’s fault includes:
- Accident reports
- Photographs of the scene
- Eyewitness statements
- Police observations

An attorney can help gather and present this evidence to reduce the injured party’s degree of fault and maximize 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.