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Accidents and injuries can swiftly disrupt lives. During these tough times, personal injury lawyers are vital. These experts represent those harmed by negligence, helping them obtain rightful compensation. This article highlights the essential role personal injury lawyers play in navigating claims and helping people reclaim their lives.
Bicycle Accidents in Iowa: How to Avoid Them and What to Do When It Happens to You
Bicycle accidents can have devastating consequences, and understanding how to prevent them, as well as what to do if you are involved in one, is crucial. This comprehensive guide covers common types of bicycle accidents, prevention tips, and the legal steps to take following an accident.
Common Types of Bicycle Accidents and How to Prevent Them
1. Right Hook Accidents
Definition: A right hook accident occurs when a car making a right-hand turn cuts off a cyclist traveling straight. These accidents often happen at intersections or when a car pulls out of a driveway or parking lot.
Prevention Tips:
- Positioning: When stopped at a red light or stop sign, position yourself slightly in front of vehicles in the right-hand lane to ensure the driver sees you.
- Avoid Passing on the Right: Never pass a vehicle on the right as drivers may not expect a cyclist and could turn into you.
2. Dooring Accidents
Definition: A dooring accident happens when a cyclist collides with a car door that opens unexpectedly into their path, causing the cyclist to swerve into traffic or crash.
Prevention Tips:
- Use Bike Lanes: Whenever available, use bike lanes that are separate from the road.
- Stay Alert: Be vigilant and slow down when approaching parked cars. Watch for any signs that a door might open, such as occupants inside the vehicle.
3. Vehicle Turning Left
Definition: This type of accident occurs when a vehicle turning left at an intersection fails to see an oncoming cyclist, turning into their path.
Prevention Tips:
- Increase Visibility: Equip your bike with lights and wear bright clothing to improve your visibility, especially in low-light conditions.
- Eye Contact: Try to make eye contact with drivers before proceeding through an intersection to ensure they see you.
- Avoid Sidewalks: Riding on the sidewalk can be dangerous as motorists often do not check for fast-moving vehicles there.
4. Failure to Yield
Definition: These accidents happen when a cyclist fails to yield to a vehicle at an intersection, often due to misjudging the speed and distance of the oncoming car.
Prevention Tips:
- Exercise Caution: Always be cautious and double-check before entering an intersection, even if you have the right of way.
- Clear Visibility: Ensure that you are visible to other drivers and that they are aware of your presence.
What to Do If You're in a Bicycle Accident
Seek Medical Attention
Immediately seek medical attention, even if you believe your injuries are minor. Some injuries may not be immediately apparent.
Report the Accident
Contact local authorities to report the accident. This will create an official record, which can be important for insurance and legal purposes.
Document Everything
Collect evidence at the scene, including photographs of the accident site, your injuries, and any damage to your bicycle. Obtain contact information from witnesses and the driver involved.
Understanding Comparative Negligence in Iowa
Iowa follows the modified comparative fault – 51% rule, meaning you can only recover damages if you are found to be 50% or less at fault for the accident. If you are more than 50% at fault, you cannot recover damages. If you are found to be partially at fault (but less than 51%), your compensation will be reduced by your percentage of fault.
Example:
If the other driver made an unsafe lane change but you were speeding, both actions would be considered when determining fault. If you are found to be 30% at fault, your compensation will be reduced by 30%.
Available Damages in a Bicycle Accident Claim
Victims of bicycle accidents can seek various types of damages, including:
Economic Damages
- Medical Expenses: Covers current and future medical bills, including rehabilitation.
- Lost Income: Compensation for lost wages or income, including future earnings if you are unable to work.
- Property Damage: Repair or replacement of your bicycle and any other damaged property.
Non-Economic Damages
- Pain and Suffering: Compensation for physical pain and emotional distress.
- Disfigurement: Damages for any permanent scarring or disfigurement.
- Loss of Quality of Life: Compensation for the impact of the injury on your ability to enjoy life and engage in activities.
Punitive Damages
In cases where the defendant's actions were particularly egregious, punitive damages may be awarded to punish the wrongdoer and deter similar behavior.
Filing a Claim
Determining Fault
An attorney will help gather evidence to prove the other party's negligence and determine fault.
Filing a Claim
Your attorney will handle all aspects of your claim, including filing with the insurance company and negotiating a settlement. If necessary, they will file a lawsuit and represent you in court.
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.