Tiffin Personal Injury Attorneys

Life can be suddenly disrupted by accidents and injuries. In these tough moments, personal injury lawyers are key allies. They specialize in representing those harmed by others' negligence, ensuring they receive rightful compensation. This article examines the vital role personal injury lawyers play in guiding individuals through their claims and aiding in their recovery.

Filing a Bike Accident Claim to Recover Damages for Your Injuries

A bicycle accident claim, filed with an insurance company, can help you recover damages following a crash. Whether you suffered a right hook accident, a dooring accident, or another common type of bicycle accident, understanding how to recover compensation is crucial. This article provides a comprehensive review of the claims process and essential considerations when filing a claim.

Who Was at Fault for the Accident?

Determining fault in a bike accident claim significantly impacts how you file. If you caused the accident, you should file your claim with your car insurance company; if the other driver caused the accident, you should file a claim with their insurance company.

Even if you were on your bike, your car insurance policy might provide coverage. If you carry uninsured or underinsured motorist coverage or medical payments coverage, these can help get you compensation. Knowing the specifics of your policy is crucial when filing a bicycle accident claim.

Seeking Medical Help and Filing a Claim for Bodily Injury Damage

If you’ve been in a bicycle accident, you’ll likely need to file a claim for bodily injury damage. The first step is seeking medical attention. Getting care is critical to your well-being and necessary for determining the compensation amount you’ll need for your bicycle accident claim.

Assuming the other driver was at least partially at fault for the crash, you should file your bodily injury claim with that driver’s insurance company.

Documenting All Medical Treatment

Receiving and documenting all medical treatments is essential. Keep notes on the following:

- Initial date of your injury
- Date you first received treatment
- How the injury occurred
- Prognosis issued by your doctor
- Estimated length of treatment
- Any medications or surgeries
- Dates of all appointments related to the accident

Filing Your Claim

Once you’ve documented the above and sought medical treatment, it’s time to file your claim. The earlier you file your claim, the better. Your insurance agent should guide you through the process. Always be truthful when filing a claim, and don’t sign anything without an attorney present.

Proving the Fault of the Other Driver

Proving the fault of the other driver can be one of the most challenging parts of filing a claim for damages. If the insurance company believes you were even partially to blame for the accident, they may try to deny you coverage or reduce your compensation amount.

To prove fault, gather and document all evidence related to the accident. Witness testimony, video footage, police reports, and physical evidence can be crucial.

Fault is based on negligence or the driver’s failure to act reasonably. Speeding, drinking while driving, failure to yield, and aggression are examples of negligence that can help establish the responsible driver’s fault.

Negotiating a Settlement Amount

Once you’ve submitted your claim, the insurance company will offer a settlement amount. Never accept the first settlement amount offered, as it’s likely lower than you deserve. Often, you can recover a more appropriate compensation amount through negotiations.

How Much Space Must Drivers Give Cyclists Under Iowa Law?

Iowa law requires vehicles to pass bicyclists at a “safe distance,” although no specific distance is mentioned. Other states recommend a three-foot passing distance as a good standard.

When Drivers Fail to Follow the Safe Distance Law

When drivers fail to pass or ride next to a cyclist at a safe distance, it’s a legal violation and a potential safety hazard. Consequences include:

- The cyclist being struck by the driver
- Forcing the biker into traffic
- Running a pedalcyclist off the road

Who’s Liable for an Accident Caused by an Unsafe Distance?

When driving too closely to a cyclist results in an accident, the driver may be held accountable for damages. Proving that a driver was driving at an unsafe distance—and that this caused the accident—requires:

- Witness testimony
- Video footage
- Police reports
- Testimony of parties involved
- Physical evidence

This evidence is crucial for filing an accident claim. If the driver’s fault can be proven, the cyclist can recover damages for monetary losses and may also be eligible for noneconomic damage recovery.

What Has to Be Proven in an Iowa Dramshop Claim?

There are two typical scenarios for an Iowa dramshop claim: a person served too much alcohol at a bar or restaurant, who then gets into a car accident or assaults someone. Iowa’s Dramshop Law holds the bar owner, liquor licensee, or permittee accountable if they:

- Serve alcohol to an intoxicated person when they knew or should have known the person was intoxicated
- Serve a person to a point where they should have known the person would become drunk if not stopped

Iowa’s Dramshop Statute

The law restrains bars and restaurants from selling excess liquor to patrons. Establishments must exercise reasonable care to detect intoxication signs in patrons. If identified, they must stop serving alcohol.

The law’s language specifies that it applies to alcohol sold and served for consumption on the seller’s premises only. Retail companies selling packaged liquor are not subject to the law.

Damages Available in a Dramshop Case

Victims can seek:

- Medical bills
- Lost wages
- Damaged property
- Pain and suffering
- Wrongful death

Can an Intoxicated Person Sue the Bar Owner?

Only those injured by the intoxicated patron can sue the establishment. The intoxicated person cannot.

Are Private Citizens Who Host a Party Liable Under Iowa’s Dramshop Laws?

The law applies only to licensed vendors selling alcohol in restaurants and bars, not to social hosts serving alcohol at private functions.

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.