Milford Personal Injury Attorneys

Life can be abruptly disrupted by accidents and injuries. During these challenging times, personal injury lawyers are indispensable. They advocate for individuals affected by negligence, ensuring they receive proper compensation. This article discusses the essential role personal injury lawyers play in guiding individuals through their claims and helping people reclaim their lives.

Proving Liability for a Car in a Right Turn Bicycle Accident

When a car turning right strikes a bicyclist, it's often referred to as a "right hook" accident. This commonly happens when a cyclist is riding on the right shoulder of the road or in the bike lane alongside a car. In these types of accidents, it's usually the driver's fault, but to prove that they were liable for your injuries you must present proper evidence of their negligence.

How Right Turn Bicycle Accidents Occur

The most common scenarios for right turn bicycle accidents include:

1. Intersection Collisions: When a bicyclist and a car approach an intersection and the car turns right, the driver often fails to see the bicyclist until it's too late.
2. Overtaking Incidents: When a bicyclist goes to overtake a slower-moving car and passes on the right, unintentionally putting themselves in harm's way when the car turns right.
3. Traffic Signal Collisions: When a bike and a car are waiting at a light, and when the signal allows traffic to move, the car turns right, cutting off or hitting the cyclist.

Liability for a Right Turn Bicycle Accident

To prove that the driver was primarily at fault for causing the right turn accident and not the cyclist, several types of evidence will be necessary:

- Police Reports: A police report will detail the accident scene and the events as described by the officer responding to the call. It will also include notes of any citations issued to the driver or the cyclist.
- Eyewitness Accounts: Eyewitnesses can reveal what the bike and the car were doing prior to the collision, providing crucial information about the circumstances of the accident.
- Video and Photo Evidence: Many intersections have traffic cameras that could have captured the incident, and some nearby businesses might have surveillance cameras that caught the crash.

A driver can be proven negligent and thus liable if they were doing one or more of the following:
- Speeding
- Failing to use a turn signal
- Abruptly changing lanes

Likewise, if witnesses say the bicyclist was acting negligently, such as swerving between lanes, riding too close to vehicles, or ignoring traffic control devices, these behaviors may be used as a defense by the driver.

Avoiding Right Turn Bicycle Accidents

To reduce the risk of right turn bicycle accidents:
- Keep a Safe Distance: When riding near a vehicle, try to keep a safe distance behind it so you can anticipate when the vehicle is turning or changing lanes.
- Check Mirrors: As you approach an intersection, check your mirrors for nearby vehicles.
- Avoid Passing on the Right: Avoid passing a car on the right unless it's necessary. Ensure there is enough space to swerve out of the way if needed.

Types of Alternative Dispute Resolutions for Personal Injury Cases

Many personal injury cases are resolved through negotiations with an insurance company. But sometimes the dispute necessitates alternative means of reaching an agreement, which can help avoid taking the case all the way to trial. Learn the types of alternative dispute resolutions that claimants might utilize and how they function.

Arbitrating a Personal Injury Case

Arbitration is a formal method of dispute resolution that is less costly and time-consuming than litigation. An arbitrator reviews the facts and evidence, listens to testimony from witnesses, and then makes a final decision. Arbitration can be binding or non-binding, meaning the arbitrator's decision will be final, or the parties may choose not to accept the decision, respectively.

Both sides have to agree on who will serve as the arbitrator. At the arbitration hearing, both parties will present their side, and facts are established through evidence, which could include:
- Tangible items
- Medical records
- Pictures
- Video footage
- Other pertinent documentation

Mediating a Personal Injury Case

Mediation is an even less formal method of reaching a resolution. The mediator is an unbiased third party who facilitates discussions between both sides to help them reach a mutually satisfactory agreement. The mediator does not make a decision or ruling but helps both parties to realize their agreements and bridge their differences.

Most mediation starts with both parties meeting together in one room, and then the mediator will take each party to a separate room. Offers, demands, questions, and requests may go back and forth as the mediator moves between the parties.

Pros and Cons of Alternative Dispute Resolutions

Pros:
- Less time-consuming and costly than litigation.
- Allows parties to be more involved in the decision-making process.
- Encourages rational and calm discussions.

Cons:
- May require additional funds if initial alternative dispute resolution does not produce results.
- Some issues may still need to be litigated in court.

Common Defenses Drivers Have to Bicyclists' Accident Claims

Bicyclists often sustain severe if not fatal injuries in traffic accidents, leading to extensive damages listed on the accident claim or lawsuit. After an injured cyclist (or his/her family member) files a claim or suit against the driver involved, the driver’s insurer or attorney will likely refute some or all of the liability for the accident, using one of various defenses. It’s important for victims to enlist the help of a skilled accident attorney to help prove their case and tear down any bogus or exaggerated defenses.

Common Defenses Drivers Use in a Bike Accident Claim

If a driver uses a defense and convinces the court or insurer of its authenticity, the injured cyclist may not receive compensation for damages. Common defenses include:

- Helmet Use: If the driver can prove that the cyclist is at least partly at fault for the injuries by not wearing a helmet, the driver will reduce his own liability.
- Not Obeying Traffic Rules: The driver can claim that the cyclist was at fault because they were not following the rules of the road, such as speeding, not stopping when appropriate, or riding against traffic.
- Distraction: The driver may argue that the cyclist's distraction caused the accident. For example, wearing headphones or talking on the phone.
- Lack of Visibility: Drivers often claim that they couldn’t see the cyclist, especially if the cyclist didn’t have lights on the bike or was wearing dark clothes at night.

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.