Mount Pleasant Personal Injury Attorneys

Accidents and injuries can suddenly disrupt lives. In these trying times, personal injury lawyers are essential allies. They focus on representing those harmed by negligence, ensuring they secure the compensation they deserve. This article highlights the critical role personal injury lawyers play in navigating claims and helping individuals rebuild their lives.

Types of Alternative Dispute Resolutions for Personal Injury Cases

Arbitrating a Personal Injury Case

Arbitration is a common method to resolve disputes without going to trial. It involves an arbitrator who reviews the facts and evidence, listens to testimony from witnesses, and then makes a final decision. This process is less costly than litigation and typically takes less time. Arbitration can be binding, where the decision is final, or non-binding, allowing parties to reject the decision.

Both sides must agree on the arbitrator, and hearings can be held in various settings, making it more convenient. At the hearing, both parties present their case, establish facts through evidence such as tangible items, medical records, pictures, video footage, and other documentation. Witnesses provide testimony and are cross-examined, including those who observed the incident or experts like medical professionals or accident reconstructionists.

Mediating a Personal Injury Case

Mediation is an even less formal method of dispute resolution. It is commonly used in personal injury cases, saving time, money, and stress. A mediator is an unbiased third party who helps both sides reach a mutually satisfactory agreement without making decisions or giving opinions.

The process usually starts with both parties meeting together, then moving to separate rooms where the mediator facilitates communication. Offers, demands, questions, and requests go back and forth through the mediator. Mediation often requires compromise from both sides. If the matter cannot be resolved, it may proceed to trial.

Pros and Cons of Alternative Dispute Resolutions

The benefits of ADR include saving time, money, and reducing the emotional strain of litigation. Mediation allows parties to be more involved in the decision-making process, which can lead to a more satisfactory outcome. However, ADR can sometimes result in additional costs without resolution, necessitating further litigation.

How Much Space Must Drivers Give Cyclists Under Iowa Law?

Iowa law does not specify an exact distance that drivers must maintain when passing cyclists. Instead, it requires vehicles to pass at a "safe distance." While this can be subjective, other states use a standard of three feet as a safe passing distance, which is a good benchmark.

Consequences of Failing to Maintain Safe Distance

When drivers do not maintain a safe distance from cyclists, they violate the law and put cyclists at risk. Driving too close can lead to the cyclist being struck, forced into traffic, or run off the road. If an accident occurs due to unsafe passing, the driver can be held liable for damages.

Proving Liability in Bicycle Accidents

Evidence such as witness testimony, video footage, police reports, and physical evidence can prove that a driver was too close and caused an accident. If fault is established, the cyclist can recover damages for both economic and non-economic losses.

Options for Compensation After a Bicycle Accident Hit and Run

Hit-and-run bicycle accidents are unfortunately common. In 2015, over 800 pedalcyclists died in such incidents. Irresponsible drivers often flee the scene, complicating the victim's ability to recover financial damages.

Finding the Responsible Driver

Even if the driver flees, all is not lost. Law enforcement can use traffic or surveillance footage and eyewitness testimonies to identify the driver. Publicizing the incident through local news can also help find the perpetrator. Once identified, the driver faces criminal charges and can be sued for damages.

Obtaining Compensation

If the driver is identified, the victim can file a claim with their insurer. If the driver remains unidentified, victims may seek compensation through their own auto insurance policy's uninsured/underinsured motorist coverage (UM/UIM). This coverage applies to traffic accidents when the policyholder is a pedestrian or bicyclist, although it is optional in Iowa.

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.