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Sudden accidents and injuries can disrupt lives. In such challenging times, personal injury lawyers are crucial allies. They specialize in advocating for those harmed by others' negligence, ensuring they receive rightful compensation. This article delves into the significant role personal injury lawyers play in guiding individuals through their claims and aiding in recovery.
Helmet Use and Your Bicycle Accident Claim: It Matters
When filing a claim for injuries sustained during a bicycle accident, various factors can impact the outcome, including helmet use. While Iowa does not have a bicycle helmet law, your decision to wear or not wear a helmet can still influence the settlement of your claim.
Iowa Helmet Laws
Iowa is one of 13 states with no bicycle helmet law, meaning riders of any age are not legally required to wear helmets. This lack of a legal requirement means that not wearing a helmet does not automatically make you negligent or lawless. However, this does not prevent the defense from arguing that your decision to forgo a helmet was unreasonable, especially if you sustained head injuries.
Comparative Negligence Laws
Iowa’s comparative negligence laws play a crucial role in determining fault and compensation in a bicycle accident claim. Even in the absence of a helmet law, the defense may argue that not wearing a helmet constitutes negligent behavior. Comparative negligence laws allow victims to recover damages if they are less than 50 percent at fault for the accident. However, the recovery amount is reduced by the victim's percentage of fault.
For instance, if you sustained head injuries and were not wearing a helmet, the defense might argue that this decision was irresponsible. This argument can affect the amount of compensation you receive. Conversely, injuries to other parts of the body are less likely to be influenced by helmet use.
Proving Negligence of the Other Party
Even if you weren't wearing a helmet, you can still hold the other party fully liable by proving their negligence. Demonstrating that the other party's actions were the primary cause of the accident and your injuries, irrespective of helmet use, is key to your claim. An experienced bicycle accident attorney can help gather evidence and present a compelling case.
Common Bicycle Accidents and Prevention
Bicycle accidents can occur in various ways, and understanding common accident types can help prevent them.
1. Right Hook Accidents: These occur when a car making a right turn cuts off a cyclist. Avoid these by staying slightly in front of vehicles at intersections and never passing a vehicle on the right.
2. Dooring Accidents: These happen when a parked car's door opens unexpectedly into the path of a cyclist. Prevent dooring accidents by riding in designated bike lanes when available and staying alert for parked cars.
3. Left-Turn Accidents: Cars turning left may not see an oncoming cyclist, especially in low light. Increase visibility with lights and bright clothing, and try to make eye contact with drivers at intersections.
4. Failure to Yield: Both cyclists and drivers may misjudge each other’s speed and distance at intersections. Always exercise caution and ensure other drivers see you before proceeding.
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.