West Burlington Personal Injury Attorneys

When accidents and injuries disrupt lives, personal injury lawyers become indispensable. They specialize in advocating for those harmed by others' negligence, helping them secure proper compensation. This article examines the important role personal injury lawyers play in navigating claims and aiding in recovery.

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 head injuries in accidents with motor vehicles. The process of filing an injury claim after such an incident can be overwhelming for victims and their loved ones. This guide will help you understand the claims process for a bicycle accident in Iowa, the potential damages you may be entitled to, and the steps you need to take.

Who’s Liable for Injuries?

The first step in the claims process is determining who is responsible for the damage. In Iowa, the at-fault party for the injury is liable for it. In the event of a bike accident, it is likely that the motor vehicle driver involved was to blame, meaning the driver’s insurance will be responsible for paying for damages.

How to Prove Liability

The at-fault driver may try to avoid responsibility by claiming that the cyclist contributed to the crash. To substantiate your claim and prove liability, the following pieces of evidence can be crucial:

- Police Reports: These can provide an official account of the accident.
- Physical Evidence from the Scene: Such as broken bicycle parts.
- Witness Testimony: Statements from those who saw the accident occur.

Additionally, you’ll need to prove that your head injury was a direct result of the accident.

How Much Am I Entitled To?

The amount you’re entitled to depends on the extent of your damages. An insurance adjuster will consider factors like:

- The severity of your injuries.
- The amount of your medical bills.
- Lost time from work or lost earning capacity.
- The need to replace your bike.

If you were partially at fault for the accident, your damage amount may be reduced. For instance, if you were riding at night without mandatory rear bicycle lights, the driver may argue that you contributed to the crash through negligence.

When a Settlement Amount Isn’t Enough

If the offered settlement is insufficient, you have the right to negotiate for a higher amount or file a claim against the at-fault driver in civil court. You must file your claim within two years, as per Iowa Code section 614.1. Given that brain injuries can incur significant costs, a civil suit may be necessary to recover your full compensation.

Types of Alternative Dispute Resolutions for Personal Injury Cases

Many personal injury cases are resolved through negotiations with an insurance company. However, sometimes alternative dispute resolution (ADR) methods, such as arbitration and mediation, are necessary to avoid taking the case to trial.

Arbitrating a Personal Injury Case

Arbitration is similar to a courtroom hearing but with fewer rules surrounding the use of evidence. An arbitrator:

- Reviews the facts and evidence.
- Listens to witness testimony.
- Makes a final decision.

Arbitration can be binding or non-binding, depending on whether the parties agree to accept the decision. Both sides must agree on the arbitrator, and the hearing can be held in any convenient setting.

Mediating a Personal Injury Case

Mediation is less formal and more commonly used in personal injury cases. The mediator, an unbiased third party, helps both sides reach a mutually satisfactory agreement without making a decision or ruling. Mediation allows for open dialogue and negotiation, often resulting in a quicker and less costly resolution.

Pros and Cons of Alternative Dispute Resolutions

Pros:
- Takes less time and money.
- Less emotionally taxing.
- Parties have more control over the outcome.

Cons:
- May still require litigation if ADR fails.
- Additional costs if ADR is unsuccessful.

For advice on ADR in personal injury cases, contact the Miley Legal Group in Clarksburg at 304-931-4088.

How to Prevent Alcohol-Related Bike Accidents

Alcohol impairs cognitive and motor skills, making it dangerous to operate a vehicle or bicycle while under the influence. In Iowa, 3.2 percent of people admit to driving after drinking too much, which is significantly higher than the national average of 1.9 percent, according to the CDC.

Statistical Snapshot of Alcohol-Related Bike Accidents

According to the National Highway Traffic Safety Administration:

- In 34 percent of fatal bicycle accidents, either the cyclist or the driver was under the influence of alcohol.
- 20 percent of bicyclists who died in traffic accidents in 2013 had a blood alcohol concentration of 0.08 g/dL, the legal limit for alcohol, with nearly one-quarter having a BAC of 0.01 g/dL.

Intoxication Affects Bike Accident Liability

Cycling under the influence not only endangers lives but also has legal repercussions. If you cause an accident while intoxicated, you can face criminal charges and be held liable for damages in a civil lawsuit. Iowa's at-fault car insurance laws allow injured parties to pursue recovery from the responsible party.

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.