Sanborn Personal Injury Attorneys

Life can be abruptly disrupted by accidents and injuries. In such tough periods, personal injury lawyers are indispensable. They advocate for those affected by negligence, helping them obtain rightful compensation. This article delves into the significant role personal injury lawyers play in guiding individuals through their claims and aiding in recovery.

How to Prevent Alcohol-Related Bike Accidents

Just like drinking and driving, drinking and biking do not mix. Alcohol impairs your cognitive and motor skills and slows your reaction time. Despite the obvious dangers of operating a motor vehicle or bicycle while under the influence of alcohol, millions of people still do it. Roughly 3.2 percent of Iowans admit to getting behind the wheel in the past 30 days after drinking too much, which, incidentally, is significantly higher than the national average of 1.9 percent, according to the Centers for Disease Control and Prevention (CDC).

Statistical Snapshot of Alcohol-Related Bike Accidents

Statistics don’t lie. One glance at the following figures provided by the National Highway Traffic Safety Administration (NHTSA) and it becomes obvious just how deadly the mix between alcohol and driving/biking can be.

- In 34 percent of fatal bicycle accidents, either the cyclist or the driver was under the influence of alcohol.
- Of all the bicyclists who died in traffic accidents in 2013, 20 percent had a blood alcohol concentration of 0.08 g/dL, the legal limit for alcohol, and nearly one-quarter of them had a BAC of 0.01 g/dL.

Intoxication Affects Bike Accident Liability

In addition to putting your and others’ lives in danger when you bike or drive while under the influence, you also put yourself at risk legally. First of all, if you are ever responsible for an accident and your BAC exceeded the legal limits, you will be subject to criminal charges. This can mean jail time, fines, and lost driving privileges, among other penalties.

Also, driving or cycling while intoxicated is considered negligence in an accident claim or lawsuit. As such, if ever you are in a crash and were inebriated at the time, you will be the party responsible for the damages. This is because Iowa is an at-fault car insurance state, meaning that when you hurt someone, they are legally entitled to pursue recovery from you.

Proving Liability for a Car in a Right Turn Bicycle Accident

When a car turning right strikes a bicyclist, it's often referred to as a "right hook" accident. This commonly happens when a cyclist is riding on the right shoulder of the road or in the bike lane alongside a car. In these types of accidents, it's usually the driver's fault, but to prove that they were liable for your injuries, you must present proper evidence of their negligence.

How Right Turn Bicycle Accidents Occur

The most common ways right turn bicycle accidents occur are below:

- When a bicyclist and a car approach an intersection and the car turns right: in this scenario, the driver often fails to see the bicyclist until it's too late.
- When a bicyclist goes to overtake a slower-moving car and passes on the right, unintentionally putting himself in harm's way when the car turns right.
- When a bike and a car are waiting at a light, and when the signal allows traffic to move, the car turns right, cutting off or hitting the cyclist.

Liability for a Right Turn Bicycle Accident

To prove that the driver was primarily at fault for causing the right turn accident and not the cyclist, several types of evidence will be necessary. A police report will detail the accident scene and the events as described by the officer responding to the call. It will also include notes of any citations issued to the driver or the cyclist.

Eyewitness accounts are perhaps the best type of evidence as they can reveal what the bike and the car were doing prior to the collision.

A driver can be proven negligent and thus liable if s/he was doing one or more of the following:

- Speeding
- Failing to use a turn signal
- Abruptly changing lanes

Likewise, if witnesses say the bicyclist was acting in one or more of these negligent manners, they may be used as a defense in a bike accident claim by the driver:

- Swerving between lanes
- Riding too close to vehicles
- Ignoring a traffic control device

You may also want to see if anyone caught video or pictures of the accident scene. Many intersections have traffic cameras that could have captured the incident on tape, and some nearby businesses could have surveillance cameras that caught the crash.

Avoiding Right Turn Bicycle Accidents

When riding near a vehicle, try to keep a safe distance behind, so you can anticipate when the vehicle is turning or changing lanes. As you approach an intersection, check your mirrors for nearby vehicles.

Avoid passing a car on the right unless it's necessary to do so. When moving past a car, make sure there is enough empty area to the right of your lane in the event you have to swerve out of the way of a right-turning car.

Should I Hire an Attorney for a Bicycle Accident?

Without an attorney for a bicycle accident, you may run into trouble getting your full compensation amount or proving that you weren’t at fault. After a bicycle accident in Iowa, here are three reasons why you should speak to an attorney.

Iowa’s Comparative Negligence Laws

One of the main reasons that you should hire an attorney after a bicycle accident is Iowa’s comparative negligence law. This law allows for your damages amount to be reduced by your proportion of fault. In other words, if you were 10 percent at fault for your bike accident, your compensation payout will be reduced by 10 percent.

If you’re filing a claim, you can bet that the defendant/insurance company will focus on any errors you made, hoping to pay you less than you deserve.

Negotiating a Settlement Amount

Not only can an attorney help you to demonstrate that your injuries were incurred because of the fault of the other party but an attorney can also guide you through settlement negotiations.

Believe it or not, an insurance company is rarely on your side; it’s not uncommon for insurance companies to try to pay you less than you’re entitled. To ensure that you’re getting your full payout amount, make sure you have a legal advocate.

You May Want to File a Lawsuit

Sometimes, settlements don’t work out as they should. Or, injuries are so severe that filing a claim with the insurance company alone isn’t enough. When either of the above is the case, you may want to file a lawsuit.

Filing a lawsuit requires the following:

- Knowledge of state and federal law
- Completion within the state’s statute of limitations
- Time and perseverance in the face of adversity

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.