Kingsley Personal Injury Attorneys

Accidents and injuries can swiftly change lives. During these challenging times, personal injury lawyers are essential. They represent individuals harmed by others' negligence, ensuring they receive fair compensation. This article highlights the important role personal injury lawyers play in navigating claims and helping people rebuild their lives.

Helmet Use and Your Bicycle Accident Claim: It Matters

When filing a claim for injuries sustained during a bicycle accident, questions about fault and how it impacts your settlement amount are common. Moreover, if you were not wearing a helmet, this choice could affect your bicycle accident claim.

Iowa Helmet Laws

Iowa is one of 13 states in the nation with no bicycle helmet law. As such, there is no legal obligation for riders of any age to wear helmets in Iowa. This means that not wearing a helmet does not automatically make you a negligent or lawless person.

Comparative Negligence Laws

Even though Iowa has no bicycle helmet law, the defendant might argue that you acted negligently by not wearing one. Negligence is loosely defined as irresponsible and unreasonable behavior. The defense could claim that, despite the lack of a legal requirement, the importance of helmet use is common knowledge, making the lack of one unreasonable and unsafe, especially if the injuries are to the head.

Injuries to other body parts typically don't hinge on helmet use. Besides helmets, other cycling rules in Iowa, such as the rear light law, may also be relevant to your case. Consult a bicycle attorney to see if these laws affect your claim.

Under Iowa’s comparative negligence laws, a victim can still recover damages if they are less than 50% at fault for the accident. However, the recovery amount will be reduced by their proportion of blame.

Proving the Negligence of the Other Party

To hold the other party completely liable, you must demonstrate that, helmet or not, their negligent actions directly caused your injuries. This means gathering evidence to show that your injuries would not have occurred but for the other party's negligence.

How to Prevent Alcohol-Related Bike Accidents

Just like drinking and driving, drinking and biking are dangerous combinations. Alcohol impairs cognitive and motor skills and slows reaction time. Despite the dangers, many people still ride under the influence. In Iowa, 3.2% of people admit to getting behind the wheel after drinking too much, significantly higher than the national average of 1.9%, according to the Centers for Disease Control and Prevention.

Statistical Snapshot of Alcohol-Related Bike Accidents

Statistics from the National Highway Traffic Safety Administration highlight the dangers:
- In 34% of fatal bicycle accidents, either the cyclist or the driver was under the influence of alcohol.
- In 2013, 20% of bicyclists who died in traffic accidents had a blood alcohol concentration (BAC) of 0.08 g/dL, the legal limit for alcohol.
- Nearly one-quarter had a BAC of 0.01 g/dL.

Intoxication Affects Bike Accident Liability

Biking under the influence not only endangers lives but also has legal repercussions. If you cause an accident while intoxicated, you will face criminal charges and be held liable for damages due to Iowa being an at-fault car insurance state. This means the injured party can legally pursue recovery from you.

Filing a Claim for a Head Injury from a Bike Accident

Bicyclists, especially those who don’t wear helmets, are at a significant risk of head injuries in accidents with motor vehicles. The process of filing an injury claim can be overwhelming for victims and their loved ones. Here’s a guide to help you understand the claims process in Iowa, the damages you may be entitled to, and the steps to take next.

Who’s Liable for Injuries?

In Iowa, the party at fault for the injury is liable for it. In bike accidents, it is often the motor vehicle driver who is at fault, meaning their insurance will cover the damages.

How to Prove Liability

To substantiate your claim and prove liability, gather the following evidence:
- Police reports
- Physical evidence from the scene (e.g., broken bicycle parts)
- Witness testimony

Additionally, you must prove that your head injury was a direct result of the accident.

How Much Am I Entitled To?

The insurance adjuster overseeing your claim determines the settlement amount based on:
- The extent of your injuries
- Medical bills
- Lost work time or ability to work
- Bicycle replacement needs

If you were partially at fault, your damage amount might be reduced. For example, if you were riding at night without mandatory rear bicycle lights, this could be considered negligence.

When a Settlement Amount Isn’t Enough

You have the right to negotiate for a higher settlement if the offered amount is insufficient. You may also file a claim against the at-fault driver in civil court. Remember to file your claim within two years, per Iowa Code section 614.1.

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.