Madrid Personal Injury Attorneys

When accidents and injuries disrupt lives, personal injury lawyers become indispensable. They focus on representing individuals harmed by others' negligence, helping them secure proper compensation. This article delves into the vital role personal injury lawyers play in guiding individuals through their claims and helping them reclaim their lives.

Should You Hire an Attorney for a Bicycle Accident?

Bicycle accidents can lead to serious injuries, complex legal scenarios, and disputes over fault and compensation. Navigating the aftermath of a bicycle accident in Iowa can be challenging, but hiring an attorney can significantly benefit your case. Here's why seeking legal representation is crucial and how helmet use, negligence laws, and liability issues can affect your claim.

Understanding Iowa’s Comparative Negligence Laws

One of the primary reasons to hire an attorney after a bicycle accident is Iowa's comparative negligence law. This law dictates that your damages amount can be reduced by your proportion of fault. For instance, if you are found to be 10 percent at fault for your accident, your compensation will be reduced by 10 percent. This law incentivizes insurance companies and defendants to focus on any errors you might have made to minimize their payout. An experienced attorney can help counter these tactics and ensure that fault is accurately assessed.

The Role of an Attorney in Settlement Negotiations

An attorney can play a pivotal role in negotiating a fair settlement. Insurance companies often aim to pay less than what victims deserve. With legal representation, you have a professional who can demonstrate the other party's fault and advocate for the full compensation you are entitled to receive. Attorneys are skilled in negotiating with insurance companies, ensuring that your interests are prioritized.

Filing a Lawsuit

In some cases, settlement negotiations may not suffice, especially if injuries are severe. When a lawsuit becomes necessary, an attorney is indispensable. Filing a lawsuit requires knowledge of state and federal laws, adherence to statutes of limitations, and considerable time and effort. An attorney can guide you through this complex process, helping to build a strong case and represent you in court if needed.

Helmet Use and Its Impact on Your Claim

Helmet use can significantly impact your bicycle accident claim, even though Iowa does not mandate helmet use. While the absence of a helmet law means you are not legally required to wear one, the defendant might argue that not wearing a helmet was negligent. This argument is particularly relevant in cases involving head injuries.

Iowa Helmet Laws

Iowa is one of 13 states without a bicycle helmet law, meaning riders of any age are not legally obligated to wear helmets. However, the defense might contend that not wearing a helmet constitutes unreasonable behavior, despite the absence of a legal requirement. This can influence how negligence is assessed in your case.

Comparative Negligence and Helmet Use

If the defense successfully argues that your lack of helmet use was unreasonable, your claim might be subject to Iowa's comparative negligence laws. These laws allow victims to recover damages if they are less than 50 percent at fault, but the recovery amount is reduced by their percentage of fault.

Proving the Negligence of the Other Party

Even if you were not wearing a helmet, it is possible to hold the other party liable by proving their negligence. This requires demonstrating that the other party’s actions were the primary cause of your injuries, regardless of helmet use.

Proving Liability in Right Turn Bicycle Accidents

"Right hook" accidents, where a car turning right strikes a bicyclist, are common and often the driver's fault. Proving liability in these cases involves collecting evidence of the driver’s negligence.

How Right Turn Bicycle Accidents Occur

Right turn bicycle accidents typically happen in the following scenarios:

1. A car turns right at an intersection, failing to see a cyclist on the right shoulder or bike lane.
2. A cyclist overtakes a slower-moving car on the right as the car turns.
3. A car and a cyclist wait at a light, and the car turns right when the signal changes, cutting off or hitting the cyclist.

Gathering Evidence

To prove liability, you will need evidence such as:

- Police reports: These detail the accident scene and include any citations issued.
- Eyewitness accounts: Witnesses can describe what happened before the collision.
- Video footage: Traffic cameras or surveillance footage from nearby businesses can provide crucial evidence.

Avoiding Right Turn Bicycle Accidents

To reduce the risk of right turn accidents, cyclists should:

- Keep a safe distance behind vehicles.
- Check mirrors when approaching intersections.
- Avoid passing cars on the right unless necessary.

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.