Spirit Lake Personal Injury Attorneys

When accidents and injuries suddenly change lives, personal injury lawyers become indispensable. They advocate for those affected by negligence, ensuring they receive the compensation they deserve. This article explores the crucial role personal injury lawyers play in guiding individuals through their claims and aiding in recovery.

Rules of Driving on the Road When a Pedestrian is Present

Every year, about 70,000 pedestrians are injured in motor vehicle accidents on the roads and highways of the United States, according to the National Highway Traffic Safety Administration. Despite well-established laws for both pedestrians and motorists, many of these accidents occur due to ignorance of the rules regarding driving around pedestrians.

Iowa Rules of the Road Around Pedestrians

In addition to general traffic laws, the Iowa Department of Transportation has specific regulations for motorists in situations involving pedestrians. The responsibility primarily falls on the motorist, as their vehicle can cause significant harm if not operated correctly.

Key Points for Motorists:

1. Right of Way: Motorists must yield to pedestrians when entering or leaving:
   - Driveways
   - Parking lots
   - Alleys

2. Crosswalks: Pedestrians have the right of way at intersections, both marked and unmarked, when no traffic signals are present.

3. Special Precautions: Drivers must exercise extra caution in areas with high pedestrian activity, such as:
   - Residential areas
   - Near schools
   - Shopping centers
   - Parking lots
   - Congested downtown areas

Determining Fault in Vehicle and Motorcycle Collisions

Determining fault in accidents, especially those involving a vehicle turning left in front of a motorcycle, is complex. While fault isn't always clear-cut, the driver making the left turn is often found liable, provided they failed to yield to oncoming traffic.

Common Causes and Considerations:

- Visibility: Motorcycles are often harder for drivers to see, but this does not excuse the driver’s responsibility to yield.
- Legal Duty: Drivers making left-hand turns must ensure it is safe to do so, yielding the right of way to oncoming traffic.
- Accident Scenarios: For example, if a car makes a left turn at the intersection of E. 9th Street and E. University Avenue and collides with an oncoming motorcycle, the car’s driver is likely at fault.

Exceptions:

- If the motorcyclist was speeding or ran a red light, their actions could diminish or eliminate the driver's liability.

Filing a Claim for a Head Injury from a Bike Accident

Bicyclists, especially those not wearing helmets, are at high risk for head injuries in accidents involving motor vehicles. Both the victims and their families may find the claims process overwhelming. Here is a guide to understanding and navigating the process.

Determining Liability:

In Iowa, the party at fault for the injury is liable for damages. In bike accidents, the motor vehicle driver is often at fault, meaning their insurance must cover the damages.

Proving Liability:

To substantiate your claim, gather evidence such as:
- Police reports
- Physical evidence (e.g., broken bicycle parts)
- Witness testimonies

Additionally, you must prove that your head injury resulted directly from the accident.

Compensation:

The amount of compensation depends on:
- The severity of injuries
- Medical bills
- Lost work time or ability to work
- Bicycle repair or replacement costs

If partially at fault, such as not having rear lights while riding at night, your compensation may be reduced.

Handling Inadequate Settlements:

If offered a settlement that does not cover your needs, you can negotiate for a higher amount or file a claim against the at-fault driver in civil court. Ensure to file within two years, as per Iowa Code section 614.1.

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.