Roland Personal Injury Attorneys

Life can be abruptly changed by accidents and injuries. During these tough periods, personal injury lawyers are essential. They advocate for those harmed by negligence, helping them obtain rightful compensation. This article highlights the significant role personal injury lawyers play in guiding individuals through their claims and aiding in recovery.

Helmet Use and Your Bicycle Accident Claim: It Matters

When you’re filing a claim for injuries sustained during a bicycle accident, questions about fault and how your actions impact your settlement amount will arise. Particularly, if you abstained from helmet use, your bicycle accident claim can be affected by this choice.

Iowa Helmet Laws

Iowa is one of 13 states without a bicycle helmet law, meaning there is no legal obligation for riders of any age to wear helmets. Thus, the fact that you were not wearing a helmet doesn't automatically mean you are negligent or lawless.

Comparative Negligence Laws

However, the absence of a bicycle helmet law does not prevent the defendant from arguing that you acted negligently. Negligence is defined as irresponsible and unreasonable behavior. Despite the lack of a legal requirement, the defense could argue that the importance of a helmet is common knowledge and that not wearing one is unreasonable and unsafe.

This allegation is especially relevant if you sustained head injuries. Injuries to other regions of the body usually aren't impacted by helmet use. Additionally, other cycling rules, such as the rear light law, may also come into play. Consult a bicycle attorney to see if these relate to your case.

If the driver argues that your actions were unreasonable, your claim may fall under the state’s comparative negligence laws. These laws allow a victim to recover damages when they are less than 50 percent at fault for the accident but reduce the recovery amount by their proportion of the blame.

Proving the Negligence of the Other Party

Even with a head injury, it's possible to hold the other party fully liable. You must demonstrate that the other party acted negligently and that your injuries would not have occurred but for these negligent actions.

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

In Iowa, five pedalcyclist fatalities occurred in 2011, with Polk County having the most bicycle-car accidents from 2009-2014. The goal is to reduce bicyclist accidents to zero. Here are common bicycle accident types and how to prevent them:

Right Hook Accident

A right hook accident occurs when a car making a right-hand turn turns into the path of a cyclist. These accidents can be avoided by:

- Ensuring you're slightly in front of vehicles in the right-hand lane when stopped at a red light or stop sign.
- Never passing a vehicle on the right. Always pass on the left.

Dooring Accident

A dooring accident happens when a cyclist is hit by a car door opening unexpectedly. To avoid these accidents:

- Use bike lanes separate from the road when available.
- Stay alert for parked cars, slow down, and pay attention when approaching one.

Vehicle Turning Left

Left-turning vehicles may fail to see cyclists, especially in poor lighting. To avoid these accidents:

- Ensure your bike has a light and wear bright colors.
- Make eye contact with left-turning drivers before proceeding through an intersection.
- Avoid riding on sidewalks as motorists don't check them for fast-moving vehicles.

Failure to Yield

Cyclists must exercise caution when proceeding into intersections, ensuring they’re in the clear and visible to other drivers.

Common Tactics and Defenses Insurance Adjusters Use in Personal Injury Cases

Insurance adjusters often use tactics to deny, discredit, or delay personal injury claims. Here are common tactics and ways to protect yourself:

Common Insurance Adjuster Tactics

- Accessing Your Medical Records: Insurers may seek permission to access your entire medical history, looking for ways to minimize your claim.
- Offering a Quick, Low-Ball Offer: Adjusters may offer a small settlement soon after the accident, hoping you’ll accept it without considering potential future medical needs.
- Placing You Under Surveillance: Adjusters may surveil you performing daily tasks to argue you're not as injured as claimed.
- Discouraging You from Hiring a Lawyer: Adjusters may promise fairness, knowing an attorney will thwart their tactics.

Protecting Yourself from Shady Insurance Adjuster Tactics

- Review Your Insurance Policy: If your claim is denied or you’re misinformed about your coverage, insist on receiving your policy in writing.
- Refuse to Release Full Medical Records: Only provide documents related to the accident.
- Assume You’re Being Observed: Follow your doctor’s advice and avoid strenuous activities without assistance.
- Avoid Quick Settlements: Don’t accept low offers without consulting a lawyer.

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.