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Sudden accidents and injuries can drastically disrupt lives. In such difficult periods, personal injury lawyers are indispensable. They specialize in representing those harmed by negligence, helping them secure proper compensation. This article delves into the important role personal injury lawyers play in guiding individuals through their claims and aiding in recovery.
Filing a Claim for a Head Injury from a Bike Accident
Bicyclists, particularly those who do not wear helmets, face significant risks of sustaining head injuries in accidents involving motor vehicles. Both victims and their loved ones often feel overwhelmed when it comes to filing an injury claim following such an incident. This guide aims to help you navigate the claims process, understand the potential damages you may be entitled to, and take the necessary next steps after a bicycle accident in Iowa.
Determining Liability for Injuries
The initial step in the claims process is identifying who is responsible for the accident. In Iowa, the person at fault for the injury is typically the liable party. In many bicycle accidents, the motor vehicle driver involved is often at fault, meaning their insurance is responsible for covering the damages.
Proving Liability
Motor vehicle drivers may attempt to shift the blame onto the cyclist, claiming that the cyclist's actions contributed to the crash. To prove liability and substantiate your claim, 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 individuals who saw the accident.
Additionally, you must demonstrate that your head injury directly resulted from the accident and was not pre-existing.
Assessing Compensation
The amount of compensation you may be entitled to depends on the severity of your injuries and other factors. The insurance adjuster will consider:
- The extent of your injuries
- Medical bills incurred
- Lost wages or loss of earning capacity
- The need to repair or replace your bicycle
If you are found partially at fault, such as not having rear lights while riding at night, your compensation may be reduced accordingly.
When a Settlement Isn't Sufficient
If the settlement offered does not adequately cover your damages, you have the right to negotiate for a higher amount or file a claim in civil court. Ensure you file your claim within the two-year statute of limitations as per Iowa Code section 614.1. Given that brain injuries can incur substantial costs, a civil suit may be necessary to secure full compensation.
Determining Fault in Vehicle-Motorcycle Collisions
Determining fault in accidents where a vehicle turns left in front of a motorcycle can be complex. In most cases, the driver making the left turn may be found liable, especially if they failed to yield the right of way to oncoming traffic. However, exceptions exist, such as if the motorcyclist was speeding or running a red light, which could mitigate the driver's liability.
Establishing Liability
Proving liability in these cases often requires thorough investigation and legal expertise. Securing legal help from an injury law firm can help protect your rights and ensure a fair evaluation of the accident details.
Road Bike Safety Tips for New Cyclists
Bicycling is popular for sport, fitness, and commuting, offering numerous benefits, including health and environmental advantages. However, cycling can also be hazardous, particularly for new riders unfamiliar with road safety rules.
Safety Tips for Cyclists
Before hitting the road, new cyclists should familiarize themselves with essential safety tips:
- Learn Local Laws: Understand the traffic laws for cyclists in your area.
- Practice Safely: Start in areas without traffic to master basic skills.
- Take a Safety Course:
- Ride with Traffic: Always ride in the same direction as traffic.
- Stay Visible: Use reflectors, lights, and wear bright clothing.
- Avoid Distractions: Do not wear earbuds and stay alert to traffic sounds.
- Stay Out of Blind Spots: Keep clear of drivers' blind spots and give parked cars a wide berth to avoid "dooring."
- Regular Maintenance: Ensure your bike is in good working order before riding.
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.