Monroe Personal Injury Attorneys

Sudden accidents and injuries can drastically alter lives. In such trying times, personal injury lawyers are crucial. They specialize in representing those harmed by negligence, helping them secure proper compensation. This article discusses the essential role personal injury lawyers play in guiding individuals through their claims and aiding in recovery.

Bicycle Accidents in Iowa: How to Avoid Them and What to Do When It Happens to You

In Iowa, there were five pedalcyclist fatalities in 2011, according to the National Highway Traffic Safety Administration. Polk County had the most bicycle-car accidents in Iowa from 2009-2014. The goal is to reduce the number of bicyclist accidents in the state to zero. If you’re a bicyclist, here are some of the most common types of bicycle accidents and what you can do to prevent them from happening:

Common Types of Bicycle Accidents and How to Avoid Them

1. A Right Hook Accident

A right hook accident refers to an accident where a car making a right-hand turn crosses the path of the cyclist. These crashes can happen at intersections or when a vehicle pulls out of a driveway or parking lot. Because some drivers fail to use their turn signals, predicting a right turn can be challenging. 

Prevention Tips:
- When stopped at a red light or stop sign, position yourself slightly in front of vehicles in the right-hand lane to stay in the driver's direct vision.
- Never pass a vehicle on the right. Always pass on the left to ensure the car sees you.

2. A "Dooring" Accident

A "dooring" accident occurs when a cyclist is riding between traffic lanes and parked cars, and a motorist unexpectedly opens a door into the cyclist's path. This can cause the cyclist to swerve into traffic or collide with the door.

Prevention Tips:
- Use bike lanes whenever possible, especially if they are separate from the road.
- Stay alert and slow down when riding near parked cars, watching for signs that someone might be about to open a door.

3. A Vehicle Turning Left

At intersections, left-turning vehicles must yield to oncoming traffic unless they have a green turn arrow. Cyclists can be hard to see, particularly in poor lighting, and may be struck by a vehicle making a left-hand turn.

Prevention Tips:
- Ensure your bike has proper lighting and wear bright colors to improve visibility.
- Make eye contact with drivers before proceeding through an intersection.
- Avoid riding on sidewalks where drivers are not looking for fast-moving bicycles.

4. Failure to Yield

Cyclists may fail to yield at intersections, misjudging the speed and distance of oncoming vehicles.

Prevention Tips:
- Always exercise caution when entering an intersection, even if you have the right of way.
- Double-check that other drivers see you before proceeding.

Steps to Take if You're in a Bicycle Accident

If you are in a bicycle accident in Iowa, taking the right steps can ensure you receive the compensation you deserve for your injuries.

1. Talk to a Lawyer

The attorneys at Walker, Billingsley & Bair can help you with:
- Determining fault
- Filing your claim for damages against the insurance company
- Filing a lawsuit if your injuries are severe or if your claim is denied

Types of Alternative Dispute Resolutions for Personal Injury Cases

While many personal injury cases are resolved through negotiations with an insurance company, sometimes alternative means are necessary to reach an agreement and avoid going to trial.

1. Arbitrating a Personal Injury Case

Arbitration is similar to a courtroom hearing but has fewer rules surrounding the use of evidence. An arbitrator:
- Reviews the facts and evidence
- Listens to testimony from witnesses
- Makes a final decision

Arbitration can be binding or non-binding and is typically less costly and time-consuming than litigation. Both parties agree on the arbitrator, and the hearing can be held in a convenient setting.

2. Mediating a Personal Injury Case

Mediation is even less formal and commonly used in personal injury cases. A mediator:
- Is an unbiased third party
- Helps both parties share their sides and guides them toward a mutually satisfactory agreement
- Does not make a decision or ruling

Mediation often requires some give and take, but it allows both sides to reach an agreeable resolution without going to trial.

Pros and Cons of Alternative Dispute Resolutions

Pros:
- Saves time, money, and stress
- Encourages rational and calm decision-making
- Involves parties more in the decision-making process

Cons:
- May spend money without resolving the dispute
- Additional funds might be needed for litigation if ADR fails

Filing a Claim for a Head Injury from a Bike Accident

Bicyclists, especially those without helmets, are at serious risk of sustaining a head injury in an accident with a motor vehicle. Here’s a quick guide to help you understand the claims process for a bicycle accident in Iowa.

1. Determining Liability

In Iowa, the person at fault for the injury is liable. Typically, the motor vehicle driver involved is at fault, making their insurance liable for damages.

2. Proving Liability

You can substantiate your claim and prove liability with:
- Police reports
- Physical evidence from the scene
- Witness testimony

You must also prove that your head injury was directly caused by the accident.

3. Assessing Damages

The amount you’re entitled to depends on the extent of your injuries, medical bills, lost work time, and other factors. If you were partially at fault, your damages might be reduced.

4. Negotiating or Filing a Claim

If offered a settlement that isn’t sufficient, you have the right to negotiate for a higher amount or file a claim in civil court. Make sure to file your claim within two years, per Iowa Code section 614.1.

5. Getting Legal Help

Filing a claim after a head injury can be overwhelming. An experienced attorney can help ensure your claim is handled smoothly and equitably.

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.