Ames Personal Injury Attorneys

Ames is a city where bicycles are a primary mode of transportation for thousands of residents, students, and commuters. With that level of cycling activity comes an elevated risk of collisions with motor vehicles, and when those crashes happen, the consequences for the rider can be serious. Bicyclists have virtually no protection from the physical force of a vehicle impact, and the injuries they sustain, ranging from road rash and broken bones to traumatic brain injuries and permanent disability, frequently require extensive medical care and extended time away from normal life.

Understanding the most common types of bicycle accidents in Iowa, knowing how to prove liability when a driver causes a right hook crash, and being prepared for the tactics insurance companies use to minimize or deny injury claims are three of the most valuable things any Ames personal injury victim can know before contacting an attorney. Walker, Billingsley and Bair has more than 28 years of experience representing injured Iowans and offers a free, confidential consultation to anyone hurt through someone else's negligence.

Common Types of Bicycle Accidents in Iowa and How to Recognize Them

According to the National Highway Traffic Safety Administration, Iowa recorded five pedalcyclist fatalities in 2011 alone. Polk County had the highest number of bicycle and car accidents in Iowa between 2009 and 2014. While no accident is entirely predictable, several collision patterns account for the vast majority of serious bicycle crashes in Iowa. Understanding how each type occurs and what can be done to reduce the risk is important for both riders and drivers sharing the road. Learn more about common types of bicycle accidents in Iowa and how to avoid them.

Right Hook Accidents

A right hook accident occurs when a vehicle making a right-hand turn cuts into the path of a cyclist traveling alongside it. This type of crash can happen at intersections, driveways, and parking lot exits. Because some drivers fail to use their turn signals and because cyclists are often in the driver's peripheral vision rather than directly ahead, a rider may have little or no warning before the turn is made. One way cyclists can reduce this risk is to position themselves slightly ahead of vehicles in the right-hand lane when stopped at a red light or stop sign, which places the rider in the driver's direct line of sight. Cyclists should also avoid passing vehicles on the right, since a driver preparing to turn will not anticipate a bicycle overtaking them on that side. Passing on the left whenever possible is the safer practice.

Dooring Accidents

A dooring accident is one of the most abrupt and dangerous collision types a cyclist can experience. This occurs when a rider is traveling in the space between moving traffic and parked cars along the right-hand side of the road, and an occupant of a parked vehicle opens a door into the cyclist's path without warning. The door may either block the cyclist's forward progress or strike the rider directly. In either case, the cyclist may be forced to swerve into oncoming traffic to avoid the obstacle, creating a serious secondary hazard. Dooring accidents are particularly difficult to anticipate when the gap between parked vehicles and moving traffic is narrow. When a dedicated bike lane separated from the road is available, cyclists should always choose it. Otherwise, maintaining heightened awareness around parked vehicles and slowing down near them is the best available precaution.

Left-Turning Vehicle Accidents

At intersections, vehicles turning left are generally required to yield to oncoming traffic unless they have a green turn arrow. However, cyclists traveling straight through an intersection can be significantly harder to see than other motor vehicles, especially in low-light conditions. A driver who misjudges or fails to see a cyclist may complete the turn directly into or in front of the rider. To reduce this risk, cyclists should ensure their bicycle is equipped with a light and that they are wearing bright or reflective clothing to improve their visibility. Making eye contact with left-turning drivers before proceeding through an intersection, whenever possible, is also an effective safety measure. Cyclists should also avoid riding on the sidewalk since drivers do not check sidewalks for fast-moving vehicles when evaluating whether it is safe to complete a left turn.

Failure to Yield Accidents

The final major accident category involves situations where a cyclist fails to yield to a vehicle at an intersection, often by misjudging an approaching car's speed and distance. Even when a cyclist has the legal right of way, entering an intersection without confirming that other drivers can see the rider and will stop creates unnecessary risk. Exercising caution at every intersection, regardless of who has the right of way, and making sure it is genuinely clear before proceeding is the most reliable way to avoid this type of collision.

Proving Liability After a Right Hook Bicycle Accident in Ames

The right hook crash is the most common and one of the most legally contested types of bicycle and vehicle collisions. When a car turning right strikes a cyclist riding along the right shoulder or in the bike lane, it is usually the driver's fault, but proving that fault and establishing the driver's liability for the rider's injuries requires presenting the right evidence. Learn more about proving liability for a car in a right turn bicycle accident and what evidence matters most.

How Right Hook Crashes Happen

Right hook crashes most commonly occur in three situations. The first is when a cyclist and a car approach an intersection together and the car turns right, with the driver often failing to notice the rider until after the turn is already in motion. The second is when a cyclist attempts to overtake a slower-moving vehicle by passing on the right, placing themselves in the path of a right-turning car that was not expecting any vehicle in that position. The third is when a bicycle and a car are both stopped at a traffic light, and when the signal changes the car turns right and cuts off or strikes the cyclist who intended to continue straight.

Evidence Needed to Establish the Driver's Fault

To prove that the driver was primarily at fault, several categories of evidence will be necessary. A police report documents the accident scene, describes events as reported to the responding officer, and includes any citations issued to either the driver or the cyclist. Eyewitness accounts are among the most powerful forms of evidence available, as witnesses who observed what both the car and the bicycle were doing in the moments before the collision can provide testimony that either confirms or challenges the accounts of each party.

A driver can be found negligent and thus liable for the crash if the evidence shows they were speeding, failed to use a turn signal before making the right turn, or abruptly changed lanes without warning. Traffic cameras at nearby intersections may have captured the crash on video, and surveillance cameras at nearby businesses may have recorded the incident as well. Gathering this footage quickly after the accident is important, since many systems overwrite their recordings on a rolling basis.

When Cyclist Conduct Becomes a Defense

It is also important to understand that if witnesses describe the cyclist as swerving between lanes, riding too close to vehicles, or ignoring a traffic control device, those observations may be used as a defense against a bike accident claim by the driver or their insurer. Iowa follows a comparative fault framework, meaning that if a cyclist is found to share some portion of responsibility for the crash, the compensation they receive will be reduced proportionally. This is one of the most important reasons to consult with an experienced personal injury attorney as soon as possible after a bicycle accident, before making any statements to insurance adjusters.

Why Insurance Companies Are Not on Your Side After an Ames Bicycle Accident

After a bicycle accident caused by a driver's negligence, the injured cyclist will typically need to file a claim with the at-fault driver's insurance company. It is essential to understand from the very first phone call that the insurance company is not working in the injured person's interest. Insurance companies are businesses that profit by collecting premiums and minimizing what they pay out on claims. The adjuster assigned to a case may be courteous and seemingly helpful, but under Iowa law that adjuster is not obligated to help the claimant, and is not even required to tell the claimant the truth. Learn more about why the insurance company is not always on your side and how to protect yourself during the claims process.

Always Tell the Truth, But Understand What You Are Volunteering

The insurance adjuster's primary objective is to pay as little money as possible and close the file. They will not take any claimant's statements at face value and will require documentation for lost wages, medical care, and any prior medical treatment. If a claimant forgets to disclose prior treatment or provides inaccurate information, the insurer will likely discover the inconsistency and reduce the settlement offer as a result. Honesty is essential, but volunteering information beyond what is directly asked is not. Sticking to the facts, answering what is asked, and stopping there is the right approach. Bringing up unrelated personal problems, disputes at home, or anything the adjuster did not specifically ask about can give them additional material to use to reduce the claim's perceived value.

Recorded Statements and When to Agree to One

When dealing with the other party's insurance company, a claimant is generally not required to provide a recorded statement. If the insurer insists, the claimant may choose to agree to provide information without it being recorded. In workers' compensation cases, there is often a duty to cooperate with the insurer's investigation, and refusing entirely could result in a denial for lack of cooperation, but even then a recorded statement carries the same weight as a sworn deposition and should be approached carefully.

If a claim is made against the injured person's own insurance company because the at-fault driver had insufficient or no coverage, the claimant's own policy may require them to provide a recorded statement. Before doing so, it is important to understand that careless answers can permanently damage the claim. A seemingly simple question such as ""have you ever had back pain before"" does not ask about current pain but about the entire lifetime. Answering no when there is a history of chiropractic treatment, for example, will be discovered and will seriously damage the claimant's credibility and the case itself.

Prior Accidents and Injuries Must Be Disclosed

Insurance companies maintain databases that record all prior claims made throughout the United States, including both property damage and personal injury claims. Attempting to conceal or minimize prior accidents or injuries is not only ethically wrong but also counterproductive, since the insurer is very likely to find the records regardless. When a prior claim is discovered and the claimant did not disclose it, the credibility damage to the entire case can be severe.

The Statute of Limitations and Why Timing Matters

Under Iowa law, the general statute of limitations for a personal injury claim is two years from the date of the injury. There are important exceptions. If the injured person was struck by a drunk driver, there is only a 180-day window to provide notice to the bar or establishment that served the driver. Injured workers who received weekly workers' compensation benefits may have a longer window in certain circumstances. Waiting until the last days before the statute expires to attempt settlement negotiations is one of the most costly mistakes an injured person can make. Qualified Iowa injury attorneys generally need at least 120 days before the statute of limitations expires to properly investigate a case, identify all liable parties, and prepare the necessary filing documents. Contacting an attorney well before that deadline gives the case the best possible chance of a full and fair resolution.

Understanding What You Are Giving Up When You Settle

Any injured person considering settling a claim on their own must understand that accepting a settlement and signing a release almost always means giving up all rights to future compensation and future medical care related to the injury. It is also critical to know specifically which medical bills the settlement addresses, who is responsible for paying any bills the health insurer covered, and whether the health insurer has a subrogation right to be repaid out of the settlement proceeds. Failing to address subrogation in a settlement agreement can result in the injured person being required to pay their health insurer back out of their own pocket after the settlement funds are gone. An experienced personal injury attorney handles all of these issues on the client's behalf, ensuring that nothing is overlooked before the case is closed. To learn more, review the common and costly mistakes Iowa injury victims make when dealing with insurers.

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.

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