Kent Estates Personal Injury Attorneys

When accidents and injuries disrupt lives, personal injury lawyers become essential. They focus on representing those harmed by negligence, helping them obtain fair compensation. This article examines 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, several factors can influence the outcome, including who is at fault and how negligence will impact the settlement amount. Importantly, the choice to wear or abstain from wearing a helmet can significantly affect your bicycle accident claim.

Iowa Helmet Laws

Iowa is one of 13 states in the U.S. without a bicycle helmet law. This means there is no legal requirement for riders of any age to wear helmets in the state. Therefore, not wearing a helmet doesn’t automatically make you negligent or lawless. However, the absence of a helmet can still play a role in how your claim is evaluated, especially if head injuries are involved.

Comparative Negligence Laws

Even though Iowa does not mandate helmet use, the defendant in your case might argue that not wearing a helmet constitutes negligence. Negligence refers to irresponsible and unreasonable behavior that contributes to the accident or the severity of injuries.

In cases involving head injuries, the defense may claim that wearing a helmet is common knowledge for safety and that your failure to do so was unreasonable. This argument can invoke Iowa’s comparative negligence laws, which reduce your recovery amount by your percentage of fault if you are found to be partially responsible for your injuries. As long as you are less than 50 percent at fault, you can still recover damages, but the amount will be diminished accordingly.

Proving the Negligence of the Other Party

Despite any arguments about helmet use, you can still hold the other party fully liable if you can demonstrate that their negligence caused the accident and your injuries would not have occurred otherwise. This requires gathering evidence that shows the other party’s actions were the primary cause of the accident.

Options for Compensation after a Bicycle Accident Hit and Run

Hit and Run Bicycle Accidents

Hit and run bicycle accidents are unfortunately common, with over 800 pedalcyclists killed in accidents in 2015 alone. When drivers flee the scene, it becomes much harder for victims to recover financial damages. However, there are still avenues for compensation.

Finding the Driver Responsible for Your Accident

Don’t lose hope if you were hurt by a hit-and-run driver. Sometimes, drivers with a conscience return to the scene or turn themselves in. Law enforcement can use evidence such as traffic or surveillance footage and eyewitness testimonies to identify the driver. Media coverage can also help; local news stories may lead to tips that identify the driver. Once identified, the driver will face criminal charges, and you can file a claim with their insurer or sue them directly.

Obtaining Compensation

If the driver is found, you can file a claim with their insurance company. If the driver remains unidentified, you may be able to claim compensation under your auto insurance policy’s uninsured/underinsured motorist (UM/UIM) coverage. This optional coverage is available in Iowa and covers damages when:

- The driver has no insurance
- The driver’s insurance is insufficient
- The driver flees the scene

Check with your insurance agent to determine if you have UM/UIM coverage and its specifics.

Iowa Pedestrian Law as It Applies to Pedestrians

Pedestrian Accident Statistics

According to the National Highway Traffic Safety Administration (NHTSA), over 4,000 pedestrians are killed, and tens of thousands are injured in traffic accidents annually in the U.S. Understanding pedestrian laws in Iowa can help prevent accidents and ensure compliance with traffic regulations.

Iowa Pedestrian Laws

Iowa traffic laws require pedestrians to obey traffic control signals and dictate who has the right of way at intersections and other roadways. Pedestrians have the right of way at intersections without traffic lights and when using marked or unmarked crosswalks. Motorists must yield to pedestrians when entering or leaving driveways, parking lots, or alleys. However, pedestrians should always be cautious and not assume that vehicles will stop.

Pedestrians must also yield the right of way to motorists and cyclists when crossing roads at any point other than intersections or marked crosswalks. Additionally, when walking along a road without sidewalks, pedestrians must stay on the left side to face oncoming traffic, enhancing their safety by allowing them to see and react to oncoming vehicles.

Law-Abiding Pedestrians Who End Up as Accident Victims

Despite adhering to the laws, pedestrians can still be involved in accidents due to motorists' negligence. Injured pedestrians can file for damages and seek compensation for their physical and emotional trauma. To do so, they must prove the motorist’s fault and demonstrate the damages sustained.

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.