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Life can be suddenly altered by accidents and injuries. During these difficult moments, personal injury lawyers are indispensable. They advocate for individuals harmed by negligence, helping them secure proper compensation. This article highlights the important role personal injury lawyers play in navigating claims and helping people reclaim their lives.
Determining fault in an accident where a vehicle turns left in front of a motorcycle can be complex. Across Iowa, while it’s common for the turning vehicle's driver to be found liable, this is not always straightforward. Several factors and potential defenses can complicate the situation, making legal assistance crucial for an accurate determination.
Assessing Fault in Left-Turn Accidents
In most cases, when a vehicle makes a left turn in front of a motorcycle, the driver of the turning vehicle is found at fault. This is primarily because drivers are required to yield to oncoming traffic when making left-hand turns. If a driver fails to do so, they are generally liable for any resulting collision.
However, motorcycles can be harder to see than larger vehicles, and this is a common cause of car-motorcycle accidents. Despite this, the law still holds drivers responsible for ensuring it is safe to turn.
Exceptions to Liability
There are notable exceptions where the motorcyclist could share or bear the fault:
- Speeding: If the motorcyclist was speeding, it could reduce the liability of the turning vehicle's driver.
- Running a Red Light: If the motorcyclist ran a red light, the vehicle making the left turn may not be liable.
Do You Have to Accept the Insurance Company's Settlement?
In Iowa, accepting a settlement from an insurance company is not mandatory. However, it is crucial to consider several factors before making a decision:
1. Minor Injuries: For minor injuries, settling without a lawyer might be more cost-effective. However, ensure all medical bills are covered.
2. Subrogation: If another insurance company paid your medical bills, they might require reimbursement from your settlement.
3. Statute of Limitations: Be aware of the time limits for filing a claim to avoid losing your right to compensation.
Negotiating a Settlement
Insurance companies rarely offer their best settlement initially. Negotiation is often necessary, but proceed cautiously:
- Avoiding Admissions: Be mindful of what you tell the insurance adjuster, as it can be used against you.
- Polite Negotiations: Maintain a courteous demeanor to facilitate better negotiations.
- Knowledge of Facts: Be well-versed in your case details, including injuries and treatments.
Consulting a qualified Iowa injury attorney can help ensure you are treated fairly and not taken advantage of by the insurance company.
Common Defenses Drivers Use in Bicycle Accident Claims
Bicyclists often face severe injuries in accidents with motor vehicles, and drivers may employ various defenses to reduce liability. Understanding these common defenses can help build a stronger case against them.
Typical Defenses
1. Helmet Use: If the cyclist was not wearing a helmet, the driver might argue that this contributed to the injuries.
2. Traffic Rules: Claims that the cyclist was not following traffic laws, such as speeding or not stopping, can shift some liability.
3. Distraction: Allegations that the cyclist was distracted (e.g., using headphones) can also be used to deflect blame.
4. Visibility: Drivers may claim they couldn’t see the cyclist due to poor visibility or lack of proper bike lights.
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.