Oakland Personal Injury Attorneys

Accidents and injuries can unexpectedly alter lives. In such challenging times, personal injury lawyers are crucial allies. They represent individuals affected by others' negligence, ensuring they receive proper compensation. This article delves into the vital role personal injury lawyers play in navigating claims and helping people rebuild their lives.

Bicycle accidents involving motor vehicles can lead to severe injuries and substantial financial burdens for victims. According to the Association for the Advancement of Automotive Medicine, pedestrian and cyclist injuries from motor vehicle accidents amount to approximately $55 billion in lifetime expenses. When an injured cyclist files a claim or lawsuit against a driver, the driver's insurer or attorney may employ various defenses to refute liability. This article delves into common defenses, prevention strategies for cyclists, and options for compensation after a hit-and-run incident.

Common Defenses Drivers Use in a Bicycle Accident Claim

When a cyclist files a claim, the driver's insurer or attorney might use several defenses to minimize or negate their liability. Successfully challenging these defenses is crucial for the injured cyclist to receive fair compensation.

Helmet Use

One defense often used is arguing that the cyclist was partially at fault for their injuries by not wearing a helmet. Insurers may claim that the lack of a helmet contributed to the severity of the injuries, thus reducing the driver's liability.

Not Obeying Traffic Rules

Drivers can also argue that the cyclist was not following traffic laws. Common examples include speeding, not stopping at stop signs, and riding against traffic. If the driver can prove the cyclist's negligence, it may diminish the compensation awarded.

Distraction

Another defense is that the cyclist was distracted at the time of the accident. Drivers might argue that the cyclist was wearing headphones, talking on the phone, or daydreaming, which led to the collision.

Lack of Visibility

Drivers often claim they could not see the cyclist, especially if the cyclist did not have lights on their bike or was wearing dark clothing at night. This defense suggests that the accident could have been avoided if the cyclist had made themselves more visible.

Preventing Bicycle Accidents

Understanding common accident types and how to avoid them can help cyclists reduce their risk of collisions.

Right Hook Accidents

Right hook accidents occur when a car making a right turn cuts off a cyclist going straight. To avoid this, cyclists should position themselves slightly ahead of vehicles at stoplights and avoid passing cars on the right.

Dooring Accidents

These accidents happen when a parked car's door opens into a cyclist's path. Cyclists should ride at a safe distance from parked cars and remain alert for doors opening unexpectedly.

Left-Turn Accidents

Left-turn accidents occur when a vehicle turning left fails to see an oncoming cyclist. Cyclists should make eye contact with drivers and wear bright clothing to enhance visibility.

Failure to Yield

Cyclists must be cautious at intersections and ensure that drivers see them before proceeding. Misjudging a vehicle's speed or distance can lead to accidents.

What to Do After a Bicycle Accident

If you're involved in a bicycle accident in Iowa, it's essential to know your legal options and steps to take for seeking compensation.

Seeking Legal Assistance

Contacting an experienced accident attorney can help you navigate the complexities of your case. Attorneys can:

- Determine fault
- File claims for damages
- Represent you in court if necessary

Compensation Options for Hit-and-Run Accidents

Hit-and-run accidents pose unique challenges, but there are ways to seek compensation.

Identifying the Driver

Law enforcement may use evidence like traffic camera footage and eyewitness testimony to identify the hit-and-run driver. Media coverage can also help by encouraging witnesses to come forward.

Insurance Claims

If the hit-and-run driver is not found, cyclists may turn to their own auto insurance policies. Uninsured/underinsured motorist coverage (UM/UIM) can cover damages in these situations. However, not all policies include UM/UIM, and it's an optional coverage 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.