Orange City Personal Injury Attorneys

Accidents and injuries can unexpectedly change lives. During these difficult moments, personal injury lawyers are crucial. They advocate for those harmed by others' negligence, ensuring they get proper compensation. This article delves into the essential role personal injury lawyers play in navigating claims and helping people reclaim their lives.

Understanding Liability and Filing a Claim

Bicyclists, particularly those not wearing helmets, face a significant risk of sustaining head injuries in accidents involving motor vehicles. The process of filing an injury claim after such an accident can be daunting for victims and their loved ones. This guide provides an overview of the claims process in Iowa, potential damages, and steps to take.

Determining Liability

The first step in the claims process is determining who is responsible for the accident. In Iowa, the at-fault party is liable for the damages. In bicycle accidents, the motor vehicle driver is often at fault, meaning their insurance is responsible for covering the damages.

Proving Liability

The at-fault driver may attempt to evade responsibility by claiming the cyclist contributed to the crash. To substantiate your claim and prove liability, gather the following evidence:
- Police Reports: Official documentation of the accident.
- Physical Evidence: Items from the scene, such as broken bicycle parts.
- Witness Testimony: Statements from those who saw the accident.

Additionally, you must prove that your head injury directly resulted from the accident, not from another cause.

Assessing Damages

The compensation amount depends on the extent of the damages suffered. An insurance adjuster evaluates the claim based on factors such as:
- Injury Severity: The extent of your injuries.
- Medical Expenses: Current and future medical bills.
- Lost Income: Whether you’ve missed work or lost earning capacity.
- Property Damage: The need to replace your bike.

If you were partially at fault (e.g., riding without mandatory rear bicycle lights at night), your compensation might be reduced.

Handling Inadequate Settlements

If the settlement offer is insufficient, you have the right to negotiate for a higher amount or file a civil claim against the at-fault driver. Iowa Code section 614.1 mandates filing the claim within two years. Given the high costs associated with head injuries, a civil suit might be necessary to secure full compensation.

Iowa Bicycle Laws: Essential Regulations for Cyclists and Motorists

Understanding and adhering to Iowa’s bicycle laws is crucial for safety. Here are some key regulations:

Passing and Riding Directions

- Pass on the Left: Cyclists must move into the left lane to pass vehicles safely and then return to the right lane.
- Ride with Traffic: Cyclists must ride in the same direction as traffic to prevent head-on collisions.

Equipment and Safety

- Lights at Night: Cyclists must use a front white light and a rear red light or reflector visible from at least 300 feet after sunset and before sunrise.
- School Buses: Cyclists must stop for school buses displaying stop signs or flashing lights, just like other vehicles.

Signaling and Reporting

- Hand and Arm Signals: Cyclists must use the following signals:
  - Left turn: Left arm extended horizontally.
  - Right turn: Left arm bent at the elbow, hand facing upwards.
  - Slow down/stop: Left arm bent at the elbow, hand facing downwards.
- Report Accidents: Cyclists must report traffic crashes and exchange information with the involved parties.

Restricted Areas

Cyclists must avoid non-bicycle areas, such as interstates and certain highways, for safety reasons. Local regulations may also prohibit cycling on sidewalks.

Common Tactics Used by Insurance Adjusters

Insurance adjusters may employ various tactics to deny, discredit, or delay your personal injury claim. Here are some common strategies and how to protect yourself:

Medical Records Access

Adjusters may seek access to your entire medical history to find reasons to minimize your claim. Only provide records relevant to the accident.

Quick Settlement Offers

Adjusters might offer a low settlement shortly after the accident. Avoid accepting early offers that may not cover all your expenses. Consult a lawyer before signing any agreement.

Surveillance

Insurance companies might place you under surveillance to find evidence that contradicts your injury claims. Always follow your doctor’s advice and avoid activities that could be misinterpreted.

Discouraging Legal Representation

Adjusters may suggest that hiring a lawyer is unnecessary, aiming to settle your claim for less. Legal representation can help ensure you receive fair compensation.

Protecting Yourself

- Understand Your Rights: Educate yourself about the claims process and your policy coverage.
- Medical Records: Only authorize the release of records related to the accident.
- Surveillance Awareness: Assume you might be under observation and follow medical advice strictly.
- Settlement Offers: Have a reasonable compensation amount in mind and negotiate for a fair settlement. Consult a lawyer before agreeing to any terms.

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.