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Sudden accidents and injuries can drastically change lives. In such challenging periods, personal injury lawyers are invaluable. They specialize in representing those harmed by others' negligence, ensuring they get proper compensation. This article examines the crucial role personal injury lawyers play in navigating claims and aiding in recovery.
Understanding Comparative Negligence Rule in Car Accident Claims
When seriously injured in a car accident, establishing negligence is crucial for pursuing compensation. Iowa follows the modified comparative fault – 51% rule, meaning you can only file a claim if your fault is 50% or less. If your responsibility is 51% or higher, you cannot recover damages. However, even if your fault is below 51%, the amount of damages you receive will be reduced by your percentage of fault.
For example, if you were involved in an accident on Interstate 235 where the other driver made an unsafe lane change but you were speeding, this could reduce your claim. Thus, legal help is essential when injuries are severe, as proving the other party’s higher negligence can significantly impact your compensation.
Common Defenses Drivers Use in Bicycle Accident Claims
The cost of pedestrian and cyclist injuries in motor vehicle accidents is approximately $55 billion in lifetime expenses for victims. Bicyclists often sustain severe injuries, so damages listed on claims are extensive. When a cyclist files a claim, the driver’s insurer or attorney might refute liability using various defenses. A skilled accident attorney can help prove the case and counter these defenses.
Common Defenses in Bicycle Accident Claims
1. Helmet Use: Drivers might argue that the cyclist was partly at fault for their injuries by not wearing a helmet.
2. Traffic Rule Violations: The driver may claim the cyclist wasn’t following road rules, such as speeding or riding against traffic.
3. Distraction: The driver might say the cyclist was distracted, e.g., wearing headphones or using a phone, leading to the accident.
4. Lack of Visibility: Drivers often claim they couldn’t see the cyclist due to inadequate bike lights or dark clothing at night.
Iowa's Bike-Friendly Ranking and Efforts
Despite its reputation, Iowa is not as bike-friendly as it seems. According to the League of American Bicyclists, Iowa ranked 28th in bike-friendliness in 2015, falling from 25th the previous year.
Lake City' Bicycle Friendliness Issues
1. Lack of Designated Organizer: Unlike Minneapolis, Lake City lacks a dedicated bicycle and pedestrian department.
2. Low Bike Commuter Rate: Only 0.2% of Lake City residents commute by bike, compared to 3.5% in higher-ranking cities.
3. Insufficient Bike Lanes: Only 15% of Lake City’ major roads have bike lanes, while higher-tier cities have an average of 45%.
Former City Councilman Carl Voss noted the deficiency in the city’s biking infrastructure, stating that no one in City Hall prioritizes walking and biking.
Hope for Improvement
In July, Lake City allocated $500,000 to expand downtown bike infrastructures, add trail connections, shared lanes, conventional bike lanes, and better traffic signals. Plans also include more sheltered bike racks, over 150 bike route signs, and reverting Washington Street to two-way traffic to improve access.
Understanding Dog Bite Incidents
If you suffer a dog bite, immediate action and legal knowledge are essential.
Immediate Steps After a Dog Bite
1. Clean the Wound: Thoroughly clean the bite area with soap and water.
2. Seek Medical Attention: Timely medical intervention is crucial to prevent rabies, which progresses through four stages and can lead to paralysis, coma, and death if untreated.
Common Dog Bite Infections
Dog bites can lead to infections from pathogens like Capnocytophaga, Pasteurella multocida, and the rabies virus. Symptoms include swelling, redness, fever, and discharge. Those at higher risk include the elderly, children, and individuals with weakened immune systems.
Legal Considerations
Iowa follows a strict liability rule for dog bites, meaning dog owners are liable regardless of the dog’s history. Victims can seek compensation for medical bills, lost wages, pain and suffering, and more.
Dealing With Insurance Adjusters
When dealing with insurance adjusters after a dog bite or other injury, it’s crucial to be cautious and strategic.
Tips for Interacting with Insurance Adjusters
1. Tell the Truth: Always be honest, as discrepancies can undermine your credibility.
2. Keep Records: Document all interactions, medical visits, and expenses.
3. Medical Documentation: Ensure your medical records accurately reflect your injuries and complaints.
Handling Settlement Offers
Insurance adjusters may offer quick settlements that seem attractive but are often insufficient. Consult an attorney before accepting any offer to ensure it covers all your expenses and losses.
Filing a Claim
Victims of dog bites in Iowa can file claims for various damages. Proving the dog owner’s liability can be challenging without professional legal help.
Compensation You Can Seek
- Medical Bills: Immediate and ongoing medical expenses.
- Lost Wages: Compensation for time missed from work due to injuries.
- Pain and Suffering: For physical and emotional distress.
- Scarring and Disfigurement: Compensation for permanent physical changes.
- Emotional Disorders: Compensation for trauma-related psychological issues.
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.