Mediapolis Personal Injury Attorneys

When accidents and injuries abruptly disrupt lives, personal injury lawyers become essential. They advocate for those harmed by negligence, helping them obtain rightful compensation. This article highlights the vital role personal injury lawyers play in guiding individuals through their claims and aiding in recovery.

Filing a Claim for a Head Injury from a Bike Accident

Riding a bicycle can be a healthy and enjoyable way to travel, but it also comes with risks, especially when sharing the road with motor vehicles. Bicyclists, particularly those who don’t wear helmets, are at significant risk of sustaining head injuries in accidents. If you or a loved one has been injured in a bike accident, the process of filing a claim can seem daunting. This comprehensive guide will help you understand the claims process in Iowa, the damages you may be entitled to, and the necessary steps to take.

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 the damages. In most bike accidents involving a motor vehicle, the driver is often found to be at fault. Therefore, the driver’s insurance will be responsible for compensating the injured cyclist.

Proving Liability

The at-fault driver may attempt to avoid responsibility by claiming that the cyclist contributed to the accident. To counter this, you will need to provide evidence to substantiate your claim and prove the driver’s liability. Useful evidence includes:

- Police Reports: Official documentation of the accident.
- Physical Evidence: Items like broken bicycle parts or damaged clothing.
- Witness Testimony: Statements from those who saw the accident.

Additionally, you must prove that your head injury resulted directly from the accident.

Compensation for Injuries

The insurance adjuster overseeing your claim will determine the settlement amount based on the extent of your damages. Factors considered include:

- The severity of your injuries.
- The amount of your medical bills.
- Any lost wages or loss of ability to work.
- The cost to repair or replace your bicycle.

If you were partially at fault for the accident (e.g., not having required rear bicycle lights at night), your compensation may be reduced.

Insufficient Settlement Offers

If the initial settlement offer is inadequate, 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 of the accident, as per Iowa Code section 614.1. Given the high costs associated with head injuries, a civil suit may be necessary to recover full compensation.

Safe Distance Law in Iowa

Iowa law requires vehicles to pass bicyclists at a “safe distance,” although it does not specify an exact measurement. Other states define a safe distance as three feet, which is a good standard to apply. Failure to maintain a safe distance can result in serious consequences for cyclists, including being struck, forced into traffic, or run off the road.

Proving Driver Negligence

If a driver fails to maintain a safe distance and causes an accident, they can be held liable for damages. Evidence to prove the driver’s negligence includes:

- Witness testimony.
- Video footage.
- Police reports.
- Physical evidence.

Common Defenses Used by Drivers

Drivers and their insurers often use various defenses to reduce their liability in bike accident claims. Some common defenses include:

- Helmet Use: Arguing that the cyclist is partly at fault for not wearing a helmet.
- Traffic Rules: Claiming the cyclist was not following traffic laws.
- Distraction: Asserting that the cyclist was distracted (e.g., wearing headphones).
- Visibility: Arguing that the cyclist was not visible (e.g., no rear lights or wearing dark clothing at night).

Overcoming Driver Defenses

It’s crucial to work with an experienced attorney to counter these defenses and build a strong case. Walker, Billingsley & Bair can help you dispute any baseless claims and ensure you receive fair compensation.

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.