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Accidents and injuries can unexpectedly change lives. During these difficult moments, personal injury lawyers are crucial. They advocate for those harmed by others' negligence, ensuring they get proper compensation. This article delves into the essential role personal injury lawyers play in navigating claims and helping people reclaim their lives.
Iowa Might Not Be as Bike-Friendly as You Think
In The Des Moines Register’s recent article, “Why Iowa Isn't as Bike-Friendly as You Might Think,” reporter Timothy Meinch highlighted some of the state’s bicycle safety shortcomings. The League of American Bicyclists ranks states each year according to their bike-friendliness, and Iowa has historically been in the middle of the pack, ranking 25th last year. However, in 2015, Iowa fell three spots to 28th, a decline that disappointed Iowa cyclists.
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 a head injury in an accident with a motor vehicle. Here’s a quick guide to help you understand the claims process for a bicycle accident in Iowa, the damages to which you may be entitled, and how to take the next steps.
Who’s Liable for Injuries?
The first step in the claims process is determining who is responsible for the damage. In Iowa, the person at fault for the injury is liable for it. In a bike accident, it is likely that the motor vehicle driver involved was to blame, making the driver’s insurance responsible for damages.
How to Prove Liability
The at-fault driver may try to avoid responsibility by claiming that the cyclist contributed to the crash. You can substantiate your claim with the following evidence:
- Police Reports
- Physical Evidence: Broken bicycle parts, for example.
- Witness Testimony
Additionally, you’ll need to prove that your head injury was a direct result of the accident and not independent of it.
How Much Am I Entitled To?
The insurance adjuster overseeing your claim determines the settlement amount based on the extent of damages suffered. Factors include:
- The extent of your injuries.
- The amount of medical bills.
- Whether you have lost time from work or lost your ability to work.
- Whether your bike needs to be replaced.
If you were partially at fault for the accident, your damage amount may be reduced. For example, if you were riding at night without mandatory rear bicycle lights, the motor vehicle driver may argue you contributed to the crash.
When a Settlement Amount Isn’t Enough
If you’re offered an insufficient settlement amount, you have the right to negotiate for a higher amount and, if necessary, file a claim against the at-fault driver in civil court. You must file your claim within two years, pursuant to Iowa Code section 614.1. Because brain injuries often cause substantial damages, a civil suit may be necessary to recover full compensation.
Road Bike Safety Tips for New Cyclists
Over 46 million people ride bicycles each year in America for sport, fitness, fun, and commuting. Bicycling is economical, environmentally friendly, and beneficial for health. However, it can also be dangerous, especially for new cyclists. Here are some safety tips:
Road Safety Tips for Cyclists
1. Learn Local Bicycling Laws: Each city and state can have distinct traffic laws for cyclists.
2. Practice in Safe Areas: Before riding in high-traffic areas, practice in safe, low-traffic areas.
3. Take a Safety Course
4. Ride with Traffic: Always ride with traffic, not against it.
5. Use Bike Lanes: Stay as far to the right as practicable if no bike path is available.
6. Wear a Helmet: Always wear a helmet, without exception.
7. Stay Visible: Wear reflective clothing and use lights at night. Wear bright clothing during the day.
8. Stay Alert: Do not wear earbuds; stay alert to traffic sounds.
9. Pay Attention to Cars: Be aware of what cars around you are doing and try to make eye contact with drivers.
10. Avoid Blind Spots: Do not ride in drivers’ blind spots.
11. Avoid Door Zones: Leave space between yourself and parked cars.
12. Do Not Speed: Leave ample time to react.
13. Maintain Your Bike: Ensure your bike is in good repair before hitting the road.
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.