Saylorville Personal Injury Attorneys

Sudden accidents and injuries can significantly disrupt lives. In such difficult times, personal injury lawyers are vital. They specialize in representing those harmed by others' negligence, helping them obtain fair compensation. This article highlights the essential role personal injury lawyers play in guiding individuals through their claims and helping them rebuild their lives.

Bicyclists, especially those who don’t wear helmets, are at serious risk of sustaining head injuries in accidents with motor vehicles. Victims and their loved ones may feel overwhelmed with the process of filing an injury claim after such an incident. Here’s a comprehensive guide to help you understand the claims process for a bicycle accident in Iowa, the potential damages you may be entitled to, and the steps to take next.

Determining Liability for Injuries

The first step in the claims process is determining who is responsible for the damages. In Iowa, the person at fault for the injury is liable for it. In the event of a bike accident, it is likely that the motor vehicle driver involved was to blame, meaning that the driver’s insurance will be liable for paying for damages.

To prove liability, you will need to substantiate your claim with the following pieces of evidence:

- Police Reports: Official documentation of the incident.
- Physical Evidence: Items from the scene such as broken bicycle parts.
- Witness Testimony: Statements from those who saw the accident.

Additionally, you’ll need to prove that your head injury was a direct result of the accident and not independent of it.

Calculating Your Entitled Amount

The insurance adjuster overseeing your claim determines the settlement amount, which depends on the extent of damages suffered. Factors considered include:

- The severity of your injuries
- The amount of medical bills
- Lost wages or loss of the ability to work
- Whether your bike needs to be replaced

If you were partially at fault for the accident, your damage amount might be reduced. For instance, if you were riding without rear bicycle lights at night, the motor vehicle driver might argue that your negligence contributed to the crash.

Negotiating an Adequate Settlement

If the settlement amount offered isn’t sufficient, you do not have to accept it. You have the right to negotiate for a higher amount and, if necessary, file a claim against the at-fault driver in civil court. Make sure to file your claim within two years, as per Iowa Code section 614.1. Brain injuries can cause significant damages, potentially necessitating a civil suit to recover your full compensation.

Just like drinking and driving, drinking and biking do not mix. Alcohol impairs cognitive and motor skills and slows reaction time. Despite these dangers, many still bike under the influence. Roughly 3.2 percent of Iowans admit to getting behind the wheel after drinking too much, higher than the national average of 1.9 percent.

Statistical Snapshot of Alcohol-Related Bike Accidents

According to the National Highway Traffic Safety Administration:

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

Intoxication Affects Bike Accident Liability

Biking while under the influence can put you at risk legally and physically. If you cause an accident with a BAC exceeding legal limits, you face criminal charges, including jail time, fines, and lost driving privileges. In a crash, being inebriated is considered negligence, making you responsible for damages.

If involved in an alcohol-related bike accident, call our injury attorney for a free consultation at Walker, Billingsley & Bair at (641) 792-3595.

Helmet Use and Your Bicycle Accident Claim: It Matters

When filing a claim for injuries sustained in a bicycle accident, you’ll likely have questions about fault and how it impacts your settlement. The use of a helmet, or lack thereof, can affect your claim.

Iowa Helmet Laws

Iowa has no bicycle helmet law, meaning there is no legal obligation to wear a helmet. However, the defense may argue that not wearing a helmet is unreasonable and unsafe, particularly if you sustained head injuries.

Comparative Negligence Laws

Iowa’s comparative negligence laws do not bar recovery if you are less than 50 percent at fault for the accident. However, your recovery amount can be reduced by your proportion of the blame. The defense might argue that not wearing a helmet is negligent behavior.

Proving Negligence of the Other Party

Even if you weren’t wearing a helmet, you could still hold the other party liable by demonstrating that their negligent actions directly caused your injuries. 

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.