Shell Rock Personal Injury Attorneys

When accidents and injuries disrupt lives, personal injury lawyers become essential. They advocate for those harmed by negligence, helping them secure fair compensation. This article explores the significant role personal injury lawyers play in guiding individuals through their claims and aiding in recovery.

Options for Compensation after a Bicycle Accident Hit and Run

Hit and Run Bicycle Accidents in Iowa

Hit and run bicycle accidents are all too common. National bicycle accident statistics reveal that over 800 pedalcyclists died in accidents in 2015. This statistic is troubling, but even more distressing is the fact that some irresponsible drivers, who may be driving under the influence or without a license, often flee the scene of an accident out of fear of reprisal. Fleeing the scene makes it exceedingly more difficult for bicyclists to recover financial damages after suffering at an accident scene.

There is no viable excuse for the illegal and unethical act of leaving the scene of an accident. If you or your loved one suffered a bike accident hit and run, you would likely need to look to your insurance policies to pay for your damages.

Finding the Driver Responsible for Your Accident

If you were hurt by a hit-and-run driver, don’t assume that all is lost. Drivers with a conscience sometimes come back to turn themselves in. Likewise, law enforcement investigation efforts sometimes prove successful. They are often able to use evidence such as traffic or surveillance camera footage and eyewitness testimonies to identify the driver.

You might want to call the local news station and request they cover your story. If they air your hit-and-run accident story, viewers may be able to tip law enforcement. Once a driver is identified, they will not only face criminal charges, but you will also be able to file a claim with their insurer or sue them directly for the harm you’ve sustained.

Obtaining Compensation after a Hit and Run Bike Accident

If the driver stays put or the police find them after the crash, you would be able to file a claim with the driver’s insurance company to cover your damages. If the driver flees, your damages may be compensable under your auto insurance policy’s uninsured/underinsured motorist coverage (UM/UIM).

UM/UIM covers your damages in these instances:

- The driver doesn’t have insurance.
- The driver lacks enough insurance to cover your damages.
- The driver flees the scene.

Coverage is usually extended to include traffic accidents when you are a pedestrian or bicyclist. Not all auto policies include UM/UIM, though. It’s an optional coverage in Iowa. If you do carry it, the minimum coverage is $20,000 for each person/$40,000 for each accident. You’ll need to check with your insurance agent to determine what your coverage entails.

Filing a Claim for a Head Injury from a Bike Accident

Bicyclists, especially those who don’t wear helmets, are at serious risk of sustaining a head injury in an accident with a motor vehicle. Victims' loved ones, as well as the victims themselves, may feel overwhelmed with the process of filing an injury claim after a head injury.

Here’s a quick guide to help you understand the claims process for a bicycle accident in Iowa, the damages to which you may be entitled, and how to take the next steps.

Who’s Liable for Injuries?

The first step in the claims process is often determining who is responsible for the damage. In Iowa, the person who is at fault for the injury is the party who 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.

How to Prove Liability

The at-fault driver may try to skirt responsibility for the accident and injuries by claiming that you—the cyclist—did something to contribute to the crash. You can substantiate your claim and prove liability with the following pieces of evidence:

- Police reports
- Physical evidence from the scene (broken bicycle parts, for example)
- Witness testimony

In addition to determining liability, you’ll also have to prove that your head injury was a direct result of the accident and not independent of it.

How Much Am I Entitled?

You probably also have questions about how much you’re entitled to. The insurance adjuster responsible for overseeing your claim is the person who makes this determination. The amount will depend upon the extent of damages suffered.

Circumstances that come under consideration when determining a settlement amount are:

- The extent of your injuries
- The amount of medical bills
- Whether you have lost time from work or lost your ability to work
- Whether your bike needs to be replaced

If you were partially at fault for the accident, then your damage amount may be reduced. For example, rear bicycle lights are becoming mandatory in Iowa, and if you were riding at night without them, the motor vehicle driver may say that you contributed to the crash through negligence.

When a Settlement Amount Isn’t Enough

If you’re offered a settlement amount that isn’t sufficient, you do not have to accept it. You have the right to negotiate for a higher settlement amount, and if need be, file a claim against the at-fault driver in civil court.

To do so, you’ll need to make sure you file your claim within two years, pursuant to Iowa Code section 614.1. Because brain injuries often cause thousands, if not hundreds of thousands, of dollars’ worth of damages, a civil suit may be necessary to recover your full compensation amount.

Iowa Pedestrian Law as It Applies to Pedestrians

According to the National Highway Traffic Safety Administration (NHTSA), every year more than 4,000 pedestrians are killed in traffic accidents and tens of thousands are injured across the United States. It is imperative that pedestrians learn about the pedestrian laws in their state to ensure they’re in compliance and prevent dangerous accidents.

The NHTSA reports that 75 percent of pedestrian accidents occur in urban areas, on clear or cloudy days, and at nighttime. Read about the pedestrian laws in Iowa before chasing an accident claim.

The Pedestrian Laws in Iowa

In Iowa, traffic laws specify that pedestrians must obey the rules of the road and the traffic control signals. They also dictate who has the right of way at intersections and elsewhere on the road. A pedestrian has the right of way at intersections where there are no traffic lights and when walking on the crosswalk, both marked and unmarked.

A motorist has to yield to pedestrians when entering or leaving:

- A driveway
- A parking lot
- An alley

However, pedestrians should be extremely cautious when crossing and never assume that a vehicle will stop even if a law mandates it.

The above-mentioned law also entails that a pedestrian gives the right of way to motorists, which also includes cyclists, when crossing a road at any point other than an intersection, where there are no marked or unmarked crosswalks. A pedestrian has to also give the right of way to motorists and cyclists when crossing a roadway where a pedestrian tunnel or overhead crossing is available.

Further, a pedestrian must stay on the left side and thus face oncoming traffic when walking on or along a road or a highway where there is no sidewalk. This is also logical as well since if someone is driving badly or swerves, the pedestrian can attempt to move out of the way.

Iowa traffic laws also address hitchhiking. Pedestrians cannot stand on the roadway even for the purpose of soliciting vehicles to hitchhike. However, a walker can stand on any portion of a roadway that is usually not used by vehicles to solicit a ride from any motorist.

Law-Abiding Pedestrians Who End Up as Accident Victims

Like pedestrian laws, there are also specific laws for motorists in Iowa to ensure that the latter can be safe on the roads and to prevent causing harm to walkers and cyclists. However, in spite of all the laws, pedestrians often become involved in a motor accident through no fault of their own.

Pedestrians who are injured in road accidents because a motorist may have failed to abide by laws can file for damages and seek compensation for the physical and emotional trauma suffered.

To pursue compensation, a pedestrian who has been the victim of a road accident must not only prove the fault of the motorist but also must demonstrate the damages associated with the accident and resultant injuries. Pedestrians can present:

- Medical bills
- Evidence of lost wages
- Various documentation, testimony, or other evidence to establish other types of damages

This may be a challenging task if the plaintiff does not obtain the guidance of a personal injury attorney who is familiar with these cases. An attorney can not only help collect evidence but can assist victims in building a case that establishes a motorist’s negligence caused the accident.

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.