Monona Personal Injury Attorneys

Sudden accidents and injuries can drastically alter lives. During these difficult moments, personal injury lawyers are crucial allies. They specialize in representing those harmed by others' negligence, ensuring they get proper compensation. This article examines the important role personal injury lawyers play in navigating claims and helping people rebuild their lives.

Filing a Claim for a Head Injury from a Bike Accident

Bicyclists, especially those who don’t wear helmets, are at a serious risk of sustaining a head injury in an accident with a motor vehicle. Victims and their loved ones may feel overwhelmed by the process of filing an injury claim after a head injury. Here’s a comprehensive guide to help you understand the claims process for a bicycle accident in Iowa, the damages to which you may be entitled, and how to take the next steps.

Who’s Liable for Injuries?

The first step in the claims process is often determining who is responsible for the damage. In Iowa, the person who is at fault for the injury is the party who is liable for it. In the event of a bike accident, it is likely that the motor vehicle driver involved was to blame, meaning that the driver’s insurance will be liable for paying for damages.

How to Prove Liability

The at-fault driver may try to avoid responsibility for the accident and injuries by claiming that you—the cyclist—did something to contribute to the crash. You can substantiate your claim and prove liability with the following pieces of evidence:

- Police reports
- Physical evidence from the scene (e.g., broken bicycle parts)
- Witness testimony

Additionally, you’ll have to prove that your head injury was a direct result of the accident and not independent of it.

How Much Am I Entitled To?

The insurance adjuster responsible for overseeing your claim determines the amount you’re entitled to receive. The settlement amount depends on the extent of damages suffered, including:

- The severity of your injuries
- The amount of medical bills
- Lost time from work or loss of ability to work
- The need to replace your bike

If you were partially at fault for the accident, your damage amount may be reduced. For example, if you were riding at night without mandatory rear bicycle lights, the motor vehicle driver may claim that you contributed to the crash through negligence.

When a Settlement Amount Isn’t Enough

If you’re offered a settlement amount that isn’t sufficient, you do not have to accept it. You have the right to negotiate for a higher settlement amount and, if necessary, file a claim against the at-fault driver in civil court. Ensure you file your claim within two years, pursuant to Iowa Code section 614.1. Brain injuries often cause thousands, if not hundreds of thousands, of dollars’ worth of damages, so a civil suit may be necessary to recover your full compensation amount.

Take Action! How a Bike Accident Attorney Can Help You

If you’ve suffered a head injury in a bike accident, physical or mental incapacities may limit your ability to file your claim on your own. Additionally, you may not know how to file a claim or what you need to do to get your full damages amount. To ensure your claim is handled as smoothly and equitably as possible, the attorneys at Walker, Billingsley & Bair are ready to represent you. Contact us at (888) 435-9886.

Road Bike Safety Tips for New Cyclists

Over 46 million people ride bicycles each year in America for sport, fitness, fun, and commute. Bicycling is an economical form of recreation and commute, has a minimal carbon impact, and is beneficial for your health. However, bicycling can also be dangerous, particularly for new cyclists who have yet to learn all the rules of the road. High-traffic areas and roads that are not bike-friendly are especially hazardous.

Road Safety Tips for Cyclists

Before you hop on the saddle and hit the road, make sure you’ve acquainted yourself with relevant bike safety information. It could save your life. Our firm represents injured cyclists and families of fatally injured cyclists, and we’ve come across a host of horrific accidents that could have been prevented with simple safety precautions.

- Learn the Bicycling Rules of the Road: Each city and state can have distinct traffic laws for cyclists.
- Practice in Safe Areas: Practice in areas without cars before traveling in congestion. Make sure you know how to safely maneuver your bike.
- Take a Bicycle Safety Course: 
- Ride with Traffic: Always ride with traffic, not against it.
- Stay to the Right: Stay as far to the right of cars as practicable if no bike path is available.
- Wear a Helmet: Wear a helmet for every trip without exception.
- Stay Visible: Wear reflective clothing and use reflectors and lights at night. Rear lights are mandatory in Iowa. Wear bright clothing during the day.
- Stay Alert: Do not wear earbuds so you can stay alert to the sounds of traffic.
- Pay Attention: Pay attention to what cars around you are doing and try to make eye contact with drivers when possible.
- Avoid Blind Spots: Do not ride in drivers’ blind spots.
- Leave Room: Leave room between yourself and parked cars to avoid being doored.
- Avoid Speeding: Leave ample time to react.
- Check Your Bike: Make sure your bike is in good repair before hitting the road.

Helmet Use and Your Bicycle Accident Claim: It Matters

When filing a claim for injuries sustained during a bicycle accident, questions about fault and how error will impact your settlement amount are common. If you abstained from helmet use, your bicycle accident claim could be affected by this choice.

Iowa Helmet Laws

Iowa is one of 13 states with no bicycle helmet law, so there is no legal obligation to wear a helmet. Riders of any age in Iowa do not have to wear helmets, meaning that not wearing a helmet doesn’t automatically make you negligent or lawless.

Comparative Negligence Laws

Despite the lack of a legal requirement, the defense may argue that you acted negligently by not wearing a helmet. Negligence is defined as an act of irresponsible and unreasonable behavior. The defense might claim that, despite no legal requirement, the importance of a helmet is common knowledge, making not wearing one unreasonable and unsafe.

An allegation of dangerous behavior is particularly relevant if the injuries sustained are head injuries. Injuries to other regions of the body usually don't hinge on whether you wore a helmet. Check with a bicycle attorney to see if other rules, such as the rear light law, relate to your case.

If the driver argues that your actions were unreasonable, your claim may fall subject to the state’s comparative negligence laws. These laws do not bar a victim from recovering damages when the victim is less than 50 percent at fault for the accident but do diminish the recovery amount by the victim’s proportion of the blame.

Proving the Negligence of the Other Party

Even if your injury was to the head, it is still possible to hold the other party completely liable. To do so, you must demonstrate that, helmet or not, the other party acted negligently and that your injuries would not have occurred but for these negligent 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.