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Accidents and injuries can abruptly disrupt lives. During these challenging moments, car accident injury lawyers are essential allies. They fight for those hurt by others' negligence, ensuring just compensation. This article highlights the crucial role these lawyers play in helping people manage their claims and rebuilding their lives.
Compensation Options after a Bicycle Accident Hit and Run
Bicycle accidents, particularly hit-and-runs, are unfortunately common. In 2015 alone, over 800 pedalcyclists died in such accidents. Hit-and-run drivers often flee the scene to avoid consequences, leaving injured bicyclists in a difficult position to recover financial damages.
Finding the Responsible Driver
If you’re hurt in a hit-and-run, don’t lose hope. Sometimes drivers turn themselves in, or law enforcement can identify them using traffic camera footage or eyewitness testimonies. Local news coverage can also help in finding the driver. Once identified, the driver faces criminal charges, and you can file a claim with their insurer or sue them directly.
Obtaining Compensation
If the driver is found, you can file a claim with their insurance. If they flee, your auto insurance policy’s uninsured/underinsured motorist coverage (UM/UIM) may cover your damages. UM/UIM applies if:
- The driver has no insurance.
- The driver’s insurance isn’t enough to cover your damages.
- The driver flees the scene.
Coverage usually extends to accidents involving pedestrians or bicyclists. Check with your insurance agent to understand your policy’s coverage details.
Filing a Claim for a Head Injury from a Bike Accident
Bicyclists are at significant risk of head injuries in collisions with motor vehicles. The process of filing a claim for such injuries can be overwhelming. Here’s a guide to help you understand the process in Iowa.
Liability for Injuries
In Iowa, the at-fault party is liable for damages. Typically, the motor vehicle driver is at fault in a bike accident, making their insurance responsible for covering damages.
Proving Liability
To prove liability, you can use:
- Police reports
- Physical evidence from the scene
- Witness testimony
You must also prove that your head injury resulted directly from the accident.
Determining Compensation
An insurance adjuster will determine the settlement amount based on factors like the extent of your injuries, medical bills, lost wages, and bike replacement costs. If you were partially at fault, your compensation may be reduced.
Negotiating a Settlement
If the offered settlement is insufficient, you can negotiate for a higher amount or file a civil suit. Ensure you file within two years as per Iowa Code section 614.1.
Iowa Pedestrian Law as It Applies to Pedestrians
Every year, more than 4,000 pedestrians are killed in traffic accidents in the U.S. Iowa’s pedestrian laws aim to protect walkers and reduce accidents.
Pedestrian Laws in Iowa
Pedestrians must obey traffic control signals and have the right of way at intersections without traffic lights and marked or unmarked crosswalks. Motorists must yield to pedestrians when entering or leaving driveways, parking lots, or alleys. Pedestrians must stay on the left side of the road when there are no sidewalks and give way to vehicles when crossing outside intersections.
Hitchhiking and Other Provisions
Hitchhiking on roadways is prohibited, but pedestrians can solicit rides from areas not used by vehicles.
Frozen Shoulder Injury after a Car Accident in Iowa
Adhesive capsulitis, or frozen shoulder syndrome, is a condition marked by pain and stiffness in the shoulder, often caused by trauma from a car accident.
Understanding Frozen Shoulder Syndrome
Frozen shoulder starts with limited mobility, progressing to severe stiffness and pain. It’s often caused by immobilization after a shoulder injury, such as surgery following a car accident.
Signs and Symptoms
The main symptom is the inability to move the shoulder, accompanied by pain that can extend down the upper arm. Diagnosis involves a physical examination and imaging tests.
Treatment and Recovery
Treatment includes NSAIDs, steroid injections, and physical therapy. Surgery may be necessary if other treatments fail. Recovery can take up to a year.
Compensation for Frozen Shoulder Injury
In Iowa, you can file a claim against the at-fault driver’s liability insurance within two years. Compensation can cover medical expenses, lost wages, and more. Work with your doctor and attorney to evaluate long-term effects for your claim.
Determining and Proving Fault in a Truck Accident in Iowa
Complexity of Truck Accident Cases
Truck accidents involve extensive damages, federal regulations, and are often highly disputed. These factors make legal assistance essential.
Who Can Be Held Liable?
Liability may extend beyond the truck driver to include:
- Co-drivers
- Repair shops
- Truck manufacturers
- Cargo loading companies
- Inspectors
- Truck companies
Vicarious Liability
Companies are generally liable for their employees' actions during work. Even independent contractors are considered statutory employees under FMCSA regulations.
Preserving Evidence
Substantial evidence is needed to prove liability. Key evidence includes:
- Logbooks
- Maintenance records
- Driver history
Collecting Evidence
Evidence to prove your claim includes:
- Medical records
- Accident scene photos and videos
- Eyewitness testimonies
- The truck’s black box data
- Testimony from accident reconstructionists
Steps to Take After a Truck Accident
After stabilizing medically, report the accident to your insurer, but avoid giving recorded statements until consulting a lawyer. Collect evidence and maintain an injury journal.
Shoulder Decompression after Iowa Car Accident
Shoulder decompression surgery may be necessary for shoulder injuries from a car accident. This surgery treats nerve impingement syndrome and is often performed arthroscopically.
How Surgery Works
The procedure involves small incisions and the use of an arthroscope to remove and smooth bone and tissue causing impingement.
Recovery Time
Post-surgery, the arm is placed in a sling, followed by exercises and rehabilitation. Full pain relief may take two to four months, though some cases require up to a year.
Recovering Compensation
Accident victims can recover compensation for medical bills, lost wages, and pain and suffering. Legal help is essential to ensure fair compensation.
Seeking Legal Assistance
Seeking legal counsel from experienced Iowa car accident attorneys such as those at Walker, Billingsley & Bair can provide invaluable support in filing insurance claims or pursuing personal injury lawsuits. With a comprehensive understanding of Iowa law, their team can help gather evidence, establish liability, and secure the compensation deserved by accident victims.
Suffering from the aftermath of a car accident shouldn't impede your pursuit of justice and fair compensation. The Iowa injury lawyers at Walker, Billingsley & Bair work hard to level the field between injured Iowans and insurance companies.
That's why we provide this FREE book; The Legal Insider's Guide to Iowa Car Accidents: 7 Secrets to Not Wreck Your Case. To learn more about what our legal team will do to help you protect your Iowa injury claim, contact Walker, Billingsley & Bair to schedule a no-cost consultation. Call 641-792-3595 to order your free accident book today.