La Porte City Personal Injury Attorneys

Sudden accidents and injuries can drastically alter lives. During these difficult periods, personal injury lawyers are crucial. They specialize in representing those harmed by negligence, helping them secure proper compensation. This article explores the significant role personal injury lawyers play in guiding individuals through their claims and aiding in recovery.

Bicyclists, especially those who don’t wear helmets, are at serious risk of sustaining head injuries in accidents involving motor vehicles. The aftermath of such an accident can be overwhelming for both victims and their loved ones, particularly when it comes to filing an injury claim. This comprehensive guide aims to help you understand the claims process for a bicycle accident in Iowa, the damages you may be entitled to, and the steps you should take next.

Determining Liability for Injuries

The first step in the claims process is determining who is responsible for the accident. In Iowa, the party at fault for the injury is liable for damages. In bicycle accidents involving motor vehicles, it is often the driver who is at fault, making their insurance company responsible for covering the damages.

Proving Liability

To substantiate your claim and prove liability, you will need the following evidence:
- Police Reports: Official documentation of the accident.
- Physical Evidence: Items from the scene, such as broken bicycle parts.
- Witness Testimony: Statements from individuals who saw the accident.

Additionally, you must prove that your head injury was a direct result of the accident and not due to some other cause.

Assessing Your Entitlement

The amount you are entitled to recover depends on the extent of the damages suffered. The insurance adjuster overseeing your claim will consider several factors, including:
- Extent of Injuries: Severity and impact on your health.
- Medical Bills: Current and future medical expenses.
- Lost Wages: Income lost due to inability to work.
- Bike Replacement: Cost of repairing or replacing your bicycle.

If you were partially at fault for the accident, your compensation may be reduced. For example, if you were riding at night without mandatory rear lights, the driver might argue that your negligence contributed to the crash.

When a Settlement Amount Isn’t Enough

If the settlement offered is insufficient, you have the right to negotiate for a higher amount. If negotiations fail, you can file a claim against the at-fault driver in civil court. In Iowa, you must file your claim within two years, as per Iowa Code section 614.1. Given the potential high cost of treating brain injuries, pursuing a civil suit may be necessary to recover full compensation.

Helmet Use and Its Impact on Your Claim

Helmet use can significantly affect your bicycle accident claim, even though Iowa has no law mandating helmet use. 

Iowa Helmet Laws

Iowa is one of 13 states without a bicycle helmet law, meaning riders of any age are not legally required to wear helmets. However, the absence of a legal requirement does not prevent the defense from arguing that not wearing a helmet was negligent, especially if the injuries sustained are head injuries.

Comparative Negligence Laws

Under Iowa's comparative negligence laws, you can recover damages as long as you are less than 51% at fault for the accident. If you are found partially at fault, your compensation will be reduced by your percentage of fault. For example, if you were speeding when the accident occurred, this could diminish your claim.

Proving Negligence

Even if you were not wearing a helmet, you can still prove that the other party was negligent. You must demonstrate that the other party's actions were unreasonable and that your injuries would not have occurred without their negligence.

Steps to Take After a Bicycle Accident

1. Seek Medical Attention: Immediate medical care is crucial.
2. Report the Accident: File a police report.
3. Gather Evidence: Collect physical evidence and witness statements.
4. Contact a Lawyer: Seek legal advice to understand your rights and next steps.

How a Bike Accident Attorney Can Help

If you have suffered a head injury in a bike accident, handling a claim on your own can be challenging due to physical or mental incapacities. A bike accident attorney can help by:
- Proving Liability: Collecting and presenting evidence.
- Negotiating Settlements: Ensuring you receive fair compensation.
- Filing Claims: Managing legal paperwork and deadlines.

Understanding Comparative Negligence in Car Accident Claims

Iowa follows the modified comparative fault – 51% rule for car accident claims. This means you can file a claim as long as you are 50% or less at fault. If you are more than 51% at fault, you cannot recover damages.

Proving the Other Party’s Negligence

To maximize your compensation, you need to demonstrate that the other party was more negligent. An experienced attorney can help you gather evidence and build a strong case.

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.