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When accidents and injuries disrupt lives, personal injury lawyers become crucial allies. They specialize in advocating for those harmed by negligence, ensuring they get the compensation they deserve. This article delves into the essential role personal injury lawyers play in helping individuals navigate their claims and rebuild their lives.
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. These accidents typically occur when a cyclist is riding on the right shoulder of the road or in the bike lane alongside a car. While it is usually the driver's fault, proving liability requires proper evidence of their negligence. This article outlines the common scenarios, necessary evidence, and legal steps to take following a right turn bicycle accident.
How Right Turn Bicycle Accidents Occur
Right turn bicycle accidents commonly occur in the following scenarios:
1. Intersection Turn: A driver turns right at an intersection without noticing a bicyclist, resulting in a collision.
2. Passing on the Right: A cyclist overtakes a slower-moving car on the right, putting themselves in harm's way when the car turns right.
3. Traffic Light Start: Both the car and the bicycle wait at a light, and when the light changes, the car turns right, cutting off or hitting the cyclist.
Liability for a Right Turn Bicycle Accident
To establish that the driver was primarily at fault for a right turn accident, several types of evidence are crucial:
1. Police Report: Details the accident scene, including any citations issued to the driver or the cyclist.
2. Eyewitness Accounts: Provide valuable insights into the actions of the bike and the car before the collision.
3. Negligent Behavior: Evidence that the driver was speeding, failed to use a turn signal, or abruptly changed lanes can prove negligence.
4. Cyclist's Actions: Conversely, if witnesses report that the bicyclist was swerving between lanes, riding too close to vehicles, or ignoring traffic control devices, these factors may be used as a defense by the driver.
Additional evidence, such as traffic camera footage or surveillance videos from nearby businesses, can also be critical in establishing liability.
Avoiding Right Turn Bicycle Accidents
Cyclists can take several precautions to avoid right turn accidents:
1. Maintain Distance: Keep a safe distance behind vehicles to anticipate turns or lane changes.
2. Check Mirrors: Regularly check mirrors for nearby vehicles when approaching intersections.
3. Avoid Passing on the Right: Only pass a car on the right when necessary and ensure there is enough space to maneuver safely if the car turns right.
Should I Hire an Attorney for a Bicycle Accident?
Without an attorney, you may face challenges in obtaining full compensation or proving you weren’t at fault after a bicycle accident. Here are three reasons why hiring an attorney is crucial:
Iowa’s Comparative Negligence Laws
Iowa’s comparative negligence law allows for your damages amount to be reduced by your proportion of fault. If you were 10 percent at fault, your compensation would be reduced by 10 percent. An attorney can help demonstrate that your injuries were primarily due to the other party’s fault, countering attempts by the defendant or insurance company to reduce your payout.
Negotiating a Settlement Amount
An attorney can guide you through settlement negotiations to ensure you receive the full amount you deserve. Insurance companies often try to minimize payouts, and having a legal advocate can help protect your interests.
Filing a Lawsuit
If a settlement isn’t possible or injuries are severe, filing a lawsuit may be necessary. This process requires knowledge of state and federal laws, adherence to statutes of limitations, and perseverance. An attorney can handle these complexities, increasing your chances of a successful outcome.
Determining Fault When a Vehicle Turns Left in Front of a Motorcycle
Determining fault in accidents where a vehicle turns left in front of a motorcycle can be complex. However, in most cases, the driver making the left turn is liable. This is because drivers must yield the right of way to oncoming traffic, including motorcycles. Failure to do so often results in liability for the accident.
Exceptions to Liability
Exceptions to this general rule include scenarios where the motorcyclist was speeding or ran a red light, which can diminish or eliminate the driver’s liability. Establishing fault requires a detailed evaluation of the accident's specifics, which is why securing legal assistance is advisable.
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.