Lenox Personal Injury Attorneys

Accidents and injuries can unexpectedly change lives. In such challenging times, personal injury lawyers are crucial allies. They represent individuals affected by others' negligence, ensuring they receive proper compensation. This article examines the important role personal injury lawyers play in navigating claims and helping people rebuild their lives.

Filing a Bike Accident Claim to Recover Damages for Your Injuries

A bicycle accident claim, filed with an insurance company, can help you recover damages following a crash. Whether you suffered a right hook accident, a dooring accident, or another common type of bicycle accident, you’ll need to review how to recover compensation. The following provides a comprehensive review of the claims process and key considerations when filing.

Determining Fault in a Bike Accident

Determining fault in a bike accident claim significantly impacts how you file. If you caused the accident, file your claim with your car insurance company. If the other driver caused the accident, file a claim with their insurance company.

Even if you were on your bike, your car insurance policy might provide coverage. Uninsured or underinsured motorist coverage and medical payments coverage can help get you compensation. Understanding the specifics of your policy is crucial when filing a bicycle accident claim.

Seeking Medical Help and Filing a Claim for Bodily Injury Damage

If you’ve been in a bicycle accident, it’s likely that you’ll need to file a claim for bodily injury damage. The first step is seeking medical attention. Getting care is not only critical to your wellbeing but also necessary for determining the compensation amount needed for your bicycle accident claim.

Assuming the other driver was even partially at fault, file your bodily injury claim with that driver’s insurance company.

Documenting All Medical Treatment

You’ll need to document all treatments meticulously. Keep notes on:

- Initial date of your injury
- Date you first received treatment
- How the injury occurred
- Prognosis issued by your doctor
- Estimated length of treatment
- Any medications or surgeries
- Dates of all appointments related to the accident

Filing Your Claim

Once you’ve documented the necessary information and sought medical treatment, it’s time to file your claim. The earlier you file, the better. Your insurance agent should guide you through the process, either on the phone or having you file your claim independently. Always be truthful and avoid signing anything without an attorney present.

Proving the Fault of the Other Driver

Proving the other driver’s fault can be challenging. If the insurance company believes you were even partially to blame, they may try to deny you coverage or reduce your compensation amount.

Gather and document all evidence related to the accident. Witness testimony can also be essential. Fault is based on negligence, such as speeding, drinking while driving, failure to yield, and aggression.

Negotiating a Settlement Amount

After submitting your claim, the insurance company will offer a settlement amount. Never accept the first offer. It’s often lower than you deserve. You can usually recover a more appropriate compensation amount through negotiations.

How to Prevent Alcohol-Related Bike Accidents

Drinking and biking, like drinking and driving, do not mix. Alcohol impairs your cognitive and motor skills and slows your reaction time. Despite the dangers, millions of people still do it. According to the Centers for Disease Control and Prevention, 3.2 percent of Iowans admit to getting behind the wheel after drinking too much in the past 30 days, significantly higher than the national average of 1.9 percent.

Statistical Snapshot of Alcohol-Related Bike Accidents

Statistics provided by the National Highway Traffic Safety Administration reveal the dangers:

- In 34 percent of fatal bicycle accidents, either the cyclist or the driver was under the influence of alcohol.
- Of all bicyclists who died in traffic accidents in 2013, 20 percent had a blood alcohol concentration of 0.08 g/dL, the legal limit, and nearly one-quarter had a BAC of 0.01 g/dL.

Intoxication Affects Bike Accident Liability

Biking while under the influence puts you at legal risk. If responsible for an accident with a BAC exceeding legal limits, you face criminal charges, including jail time, fines, and lost driving privileges.

Intoxicated driving or cycling is considered negligence in an accident claim or lawsuit. Iowa is an at-fault car insurance state, meaning you can be sued for damages if you cause an accident while inebriated.

Helmet Use and Your Bicycle Accident Claim: It Matters

Iowa Helmet Laws

Iowa is one of 13 states with no bicycle helmet law, meaning riders of any age are not legally obligated to wear helmets. Therefore, not wearing a helmet doesn't automatically make you negligent or lawless.

Comparative Negligence Laws

Despite the lack of a helmet law, the defense might argue you acted negligently. Negligence is defined as irresponsible and unreasonable behavior. The defense might claim that not wearing a helmet is unsafe and unreasonable, especially if you sustained head injuries.

Iowa's comparative negligence laws do not bar a victim from recovering damages if they are less than 50 percent at fault. However, the recovery amount is diminished by the victim’s proportion of blame.

Proving the Negligence of the Other Party

Even if you weren’t wearing a helmet, you can still hold the other party liable. You must demonstrate that the other party acted negligently and that your injuries wouldn’t have occurred but for these actions.

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.