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When accidents and injuries abruptly alter lives, personal injury lawyers become essential. They specialize in representing those harmed by others' negligence, helping them secure fair compensation. This article delves into the significant role personal injury lawyers play in navigating claims and aiding in recovery.
How to Prevent Alcohol-Related Bike Accidents
Just like drinking and driving, drinking and biking do not mix. Alcohol impairs cognitive and motor skills and slows reaction time. Despite the obvious dangers, millions of people still do it. In Iowa, about 3.2 percent of people admit to getting behind the wheel after drinking too much, significantly higher than the national average of 1.9 percent, according to the Centers for Disease Control and Prevention.
Statistical Snapshot of Alcohol-Related Bike Accidents
Statistics provided by the National Highway Traffic Safety Administration highlight the dangers:
- In 34 percent of fatal bicycle accidents, either the cyclist or the driver was under the influence of alcohol.
- Of all the bicyclists who died in traffic accidents in 2013, 20 percent had a blood alcohol concentration (BAC) of 0.08 g/dL, the legal limit for alcohol, and nearly one-quarter had a BAC of 0.01 g/dL.
Intoxication Affects Bike Accident Liability
Biking under the influence not only endangers lives but also carries legal risks. If responsible for an accident with a BAC exceeding legal limits, you face criminal charges, including jail time, fines, and lost driving privileges.
In an accident claim or lawsuit, intoxication is considered negligence. In Iowa, an at-fault car insurance state, if you are inebriated during a crash, you are responsible for the damages, and victims can legally pursue recovery from you.
Common Defenses Drivers Have to Bicyclists' Accident Claims
Bicycle accidents can result in severe, if not fatal, injuries, leading to extensive claims or lawsuits. Drivers and their insurers often refute liability using various defenses. It's crucial for victims to have a skilled accident attorney to counter these defenses.
Common Defenses Drivers Use in Bike Accident Claims
Helmet Use: Drivers’ insurers may argue that the cyclist was partly at fault for their injuries due to not wearing a helmet, reducing the driver's liability.
Not Obeying Traffic Rules: Drivers may claim the cyclist was at fault for not following traffic rules, such as speeding, not stopping, or riding against traffic.
Distraction: Drivers can argue that the cyclist's distraction, such as wearing headphones or using a phone, caused the accident.
Lack of Visibility: Drivers often claim they couldn't see the cyclist, arguing that the cyclist’s lack of lights or dark clothing at night contributed to the accident.
Understanding Comparative Negligence Rule in a Car Accident Claim
In Iowa, pursuing compensation after a car accident requires establishing negligence. The state follows the modified comparative fault – 51% rule. To file a claim, your fault must be 50% or less. If found 51% or more at fault, you cannot recover damages.
Even if at fault for less than 51%, your compensation may be reduced. For example, if involved in an accident on Interstate 235 where the other driver made an unsafe lane change, but you were speeding, your claim could be reduced.
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.