Slater Personal Injury Attorneys

Whether you were hit while walking, are dealing with your own insurance company, or are trying to figure out if the other driver's insurer can be trusted, injury claims near Slater come with a lot to sort out. The Slater personal injury attorneys at Walker, Billingsley & Bair want local residents to understand Iowa's pedestrian laws, how insurance companies really operate, and what to do to protect a claim from start to finish.

Iowa Pedestrian Law and Making a Pedestrian Accident Claim

According to the National Highway Traffic Safety Administration, more than 4,000 pedestrians are killed in traffic accidents every year, and tens of thousands more are injured across the United States. The NHTSA reports that 75 percent of pedestrian accidents occur in urban areas, on clear or cloudy days, and at nighttime. It is important for pedestrians near Slater to understand the rules of the road before pursuing an accident claim.

The Pedestrian Laws in Iowa

In Iowa, traffic laws specify that pedestrians must obey the rules of the road and traffic control signals, and they dictate who has the right of way at intersections and elsewhere on the road. A pedestrian has the right of way at intersections without traffic lights and when walking on a marked or unmarked crosswalk. A motorist has to yield to pedestrians when entering or leaving a driveway, parking lot, or alley, though pedestrians should still be cautious and never assume a vehicle will stop even when the law requires it.

Iowa law also requires a pedestrian to give the right of way to motorists and cyclists when crossing a road at any point other than an intersection where there is no marked or unmarked crosswalk, and to give the right of way when crossing a roadway where a pedestrian tunnel or overhead crossing is available. A pedestrian must stay on the left side, facing oncoming traffic, when walking along a road or highway with no sidewalk, since this allows someone to move out of the way if a vehicle swerves. Iowa traffic laws also address hitchhiking, and pedestrians cannot stand on the roadway itself to solicit a ride, though they can stand on a portion of the roadway not typically used by vehicles to do so.

Law-Abiding Pedestrians Who End Up as Accident Victims

Despite these laws, pedestrians often become involved in an accident through no fault of their own. Pedestrians injured because a motorist failed to follow the law can file for damages and seek compensation for their physical and emotional trauma. To pursue compensation, a pedestrian must not only prove the motorist's fault but also demonstrate the damages associated with the accident and resulting injuries, which can include medical bills, evidence of lost wages, and other documentation or testimony.

Can You Trust the Insurance Company?

In Iowa alone, more than 100 insurance companies sell insurance, and the policies they issue range from personal injury to workers' compensation coverage. Just because you pay a premium does not mean your insurance company is going to look out for you. Some people think their own insurer will go after the other party on their behalf after an injury, but this is simply not true. While your insurance company will try to recover what it paid for property damage, it is highly unlikely they will pursue a claim for your personal injuries.

What You Should Know About the Other Side's Insurance Company

If you are dealing with the insurance company for a driver who injured you, or the workers' compensation company for your employer, keep the following in mind. The insurance company is not representing you or your best interests, and they are not required to tell you the truth. The insurance company is in the business of making the most profit possible, which means paying you as little as possible. The insurance adjuster may be nice to you, but they are not looking out for you, and insurance companies generally do not like paying claims.

Tips for Dealing With Insurance Companies

Always tell the truth. Anything you say can and may be used against you by the insurance company and their lawyers, and even a small lie can ruin your credibility. When dealing with an insurance adjuster, be smart and watch what you say, since it could later be used against you. Insurance companies have professionals working for them, so it is worth considering having a professional, such as an attorney, on your side who can deal with the insurance company on your behalf.

Keep documentation of your damages by maintaining a diary or journal of how you are feeling, which can help prove the extent of your damages and may mean a higher evaluation of your claim. This includes keeping doctors' excuses for missed work and tracking the time missed for appointments, along with reviewing and retaining medical bills or explanation of benefits forms from your health insurer.

Be thorough at your medical appointments, since the records generated during these visits, including your description of the injury, your complaints, and the doctor's findings, are very important. The insurance company will base its offer on this information, so if you fail to mention something that hurts, it will not be treated properly and no one will know about it. If you first complain about a problem weeks or months after being hurt, the insurance company will likely claim it is unrelated and reduce its offer. Regularly attend your medical appointments as well, since failing to see a physician regularly is treated as evidence that you have fully recovered. If your doctor says to follow up as needed, that means returning in a few weeks if problems continue, since skipping that follow-up can be read as a sign you have made a full recovery.

Why the Insurance Company Is Not Always on Your Side

Beyond the general tips above, there are a few more specific things to consider if you are dealing directly with an insurance adjuster near Slater rather than hiring an attorney.

Recorded Statements

You are generally not required to provide a recorded statement to the other party's insurer. If they insist, you may agree to provide one but ask that it not be recorded. If you make a claim against your own insurance company, such as an underinsured motorist claim, your policy may require a recorded statement, which carries the same weight as a deposition given under oath. If you are asked a question you do not understand, speak up rather than risk answering it incorrectly, and be especially careful with broad questions like whether you have ever had a certain type of pain, since this may refer to your entire lifetime.

Do Not Try to Hide Prior Accidents or Injuries

Insurance companies have access to databases containing claims history from across the country. Being untruthful about prior claims raises a red flag in your file and may hurt your case if it comes out later, especially if you were asked about it directly.

Know Your Statute of Limitations

You should know how long you have to bring a claim. Under Iowa law, it is generally two years from the date of injury, though there are exceptions. If you are unfamiliar with the laws that apply to your situation, it is worth contacting a qualified attorney.

Be Careful When Attempting to Settle on Your Own

If you are attempting to settle a case on your own, understand that you are likely giving up all rights to future compensation and medical care in exchange for a sum of money today. Make sure you understand all the terms, including who will pay your medical bills and how any subrogation, or reimbursement owed to your health insurer, will be handled.