Asbury Personal Injury Attorneys

Iowa Pedestrian Laws and Your Rights After a Traffic Accident

According to the National Highway Traffic Safety Administration, more than 4,000 pedestrians are killed in traffic accidents every year across the United States, and tens of thousands more are injured. The NHTSA also reports that 75 percent of pedestrian accidents occur in urban areas, on clear or cloudy days, and at nighttime. Understanding the pedestrian laws in Iowa is essential for anyone who walks near traffic, both to stay safe and to protect a potential injury claim.

When Pedestrians Have the Right of Way in Iowa

Iowa traffic laws require pedestrians to obey the rules of the road and traffic control signals, just as drivers must. At intersections where no traffic lights are present, and when walking in a crosswalk whether marked or unmarked, a pedestrian has the right of way. Motorists are also required to yield to pedestrians when entering or leaving a driveway, parking lot, or alley.

However, having the legal right of way does not guarantee safety. Pedestrians should always exercise extreme caution when crossing and never assume that a vehicle will stop, even when the law requires it. An experienced Iowa personal injury attorney can explain how these rules apply to a specific accident scenario.

When Pedestrians Must Yield

Iowa law also specifies circumstances where pedestrians are required to give the right of way to motorists and cyclists. A pedestrian crossing a road at any point other than an intersection where there are no marked or unmarked crosswalks must yield to vehicles. The same yielding obligation applies when a pedestrian tunnel or overhead crossing is available nearby and the pedestrian instead chooses to cross at road level.

When walking along a road or highway where no sidewalk is available, Iowa law requires pedestrians to stay on the left side of the road and face oncoming traffic. This rule exists for practical safety reasons: if a driver swerves or drives erratically, a pedestrian facing traffic has a chance to react and move out of the path of the vehicle. Iowa law also addresses hitchhiking. Pedestrians are not permitted to stand on the roadway to solicit rides, though standing on a portion of the road not typically used by vehicles to request a ride is permitted.

Pursuing Compensation After a Pedestrian Accident

Despite the existence of laws requiring motorists to share the road responsibly, pedestrians are frequently injured through no fault of their own when drivers fail to follow the rules. An injured pedestrian who can demonstrate that the motorist's failure to abide by the law caused the accident has the right to file for damages and pursue compensation for both physical and emotional harm.

Building a successful pedestrian accident claim requires proving the motorist's fault and documenting the full scope of damages. Injured pedestrians can present medical bills, evidence of lost wages, and various other documentation or testimony to establish the extent of their harm. This can be a challenging process without the guidance of an attorney who regularly handles these cases. A personal injury attorney can help collect evidence, identify the applicable laws, and build the strongest possible case that a motorist's negligence was the cause of the accident and the resulting injuries.

The Four Most Common Bicycle Accident Types in Iowa and How to Avoid Them

Iowa recorded five pedalcyclist fatalities in 2011 according to the National Highway Traffic Safety Administration, and Polk County had the highest number of bicycle-car accidents in the state between 2009 and 2014. Cyclists in Asbury and the surrounding area face real risks each time they ride near vehicle traffic. Knowing which crash types occur most frequently, and how to reduce the chances of each, is the foundation of safer riding.

The Right Hook Accident

A right hook accident occurs when a car making a right-hand turn crosses directly into a cyclist's path. This crash type can happen at intersections or when a driver is pulling out of a driveway or parking lot. Because drivers do not always use their turn signals, a cyclist may have little warning that a vehicle is about to cut in front of them.

The most effective way to prevent this accident type is to position the bicycle slightly ahead of vehicles in the right-hand lane when stopped at a red light or stop sign. This placement puts the cyclist in the driver's direct line of vision. Cyclists should also avoid passing any vehicle on the right side, since a driver making a right turn will not be expecting traffic there. Always pass on the left.

The Dooring Accident

A dooring accident occurs when a cyclist is riding between moving traffic lanes and parked cars along the right side of the road and a driver or passenger suddenly opens a car door into the cyclist's path. The open door can either block the cyclist's forward progress entirely or slam directly into them. Either outcome may force the cyclist to swerve sharply into oncoming traffic, which can result in a far more serious secondary collision.

Dooring accidents are particularly difficult to anticipate when the space between moving traffic and parked cars is narrow. When a separate bike lane is available, cyclists should use it rather than riding in the door zone. When no dedicated lane exists, staying alert around parked cars, slowing down when approaching one, and watching for movement inside the vehicle can reduce the risk.

The Left-Turning Vehicle Collision

At intersections, drivers making left turns are generally required to yield to oncoming traffic unless a green turn arrow is present. The problem for cyclists is visibility. Bicycles are significantly harder to see than other vehicles, particularly when lighting conditions are poor, and a driver may judge the road as clear and turn left directly into or in front of a cyclist traveling straight through the intersection.

Cyclists can reduce this risk by equipping their bicycle with a front light and wearing bright or reflective clothing, both of which improve visibility substantially. Before proceeding through any intersection where a left turn is possible, cyclists should try to make eye contact with the turning driver to confirm they have been seen. Riding on the sidewalk should also be avoided, because drivers making turns do not check sidewalks for fast-moving vehicles and a cyclist coming from the sidewalk may be entirely unexpected.

Failure to Yield at Intersections

Not all bicycle accidents are the result of motorist error. When a cyclist fails to yield to a vehicle at an intersection, a collision can occur even when the driver has done everything correctly. Misjudging the speed or distance of an oncoming vehicle is easier than it seems, particularly at higher speeds or in low-light conditions.

Even when a cyclist has the legal right of way at an intersection, slowing down and visually confirming that cross-traffic has stopped before proceeding is always the safer choice. Assuming other drivers can see the bicycle and will stop accordingly is a dangerous assumption that has contributed to serious and fatal crashes.

If you are involved in a bicycle accident in Iowa, the personal injury attorneys at Walker, Billingsley & Bair can handle all aspects of the case, including determining fault, filing a claim for damages with the insurance company, and pursuing a lawsuit if injuries are severe or a claim is denied.

Ten Medical Mistakes That Cost Iowa Injury Victims Thousands of Dollars

Whether someone has been hurt in a pedestrian accident, a bicycle crash, or any other personal injury incident in Asbury, the decisions made in the days and weeks after the injury have as much impact on the final compensation received as the facts of the accident itself. The following ten mistakes are the most common ways Iowa injury victims unintentionally weaken their own claims.

1. Failing to See a Doctor Immediately

The injured person bears the responsibility of proving both that an injury exists and that it was caused by the accident. Insurance companies and juries consistently conclude that if someone was not hurt badly enough to seek immediate medical attention, the injury does not warrant significant compensation. Do not ignore even minor pain. The first statement a defense attorney makes to a jury should not be that the victim waited days or weeks before seeing a doctor.

2. Discussing the Lawsuit With Medical Providers

Doctors are focused on treating injuries and do not need to know about an ongoing lawsuit or legal strategy. Sharing legal concerns with a medical provider can affect that provider's willingness to reach important clinical conclusions or to be involved in the legal process. Whatever is said to a doctor is not confidential once a personal injury claim has been filed. Always tell the physician how the injury occurred, but keep legal discussions entirely outside of clinical appointments.

3. Concealing Prior Medical History

Health care providers ask about prior injuries and conditions for clinical reasons. Attempting to hide prior health issues will backfire because all prior medical records will eventually be made available to the insurance company. If prior conditions are not disclosed to the treating physician, the doctor's medical opinions can be challenged by the insurer and rejected by a jury on the grounds that the physician did not have complete information. Always provide honest and complete medical history.

4. Missing or Arriving Late for Medical Appointments

Medical records document every missed or late appointment. More than one or two no-show entries suggest to the insurance company, its lawyers, and potential jurors that the injured person was not truly committed to recovery. An irritated physician who has experienced repeated no-shows is also a far less effective witness for the patient. If an appointment must be cancelled, call well in advance and reschedule promptly.

5. Failing to Tell the Doctor How Injuries Affect Work

If injuries are limiting the ability to perform job duties, that information must be communicated to the treating physician and documented in the medical record. Insurance companies and juries require documented proof that injuries affected the ability to work. Bringing written notes to each appointment helps ensure that work limitations are reported and recorded before the visit ends.

6. Allowing Pain to Go Undocumented

Insurance companies and juries do not accept verbal pain claims without support from medical records. Reviewers examine records to see when pain was first reported after the injury, how long it persisted, and how severe it was. Writing out a description of pain and physical limitations before each appointment and giving it to the doctor is an effective way to ensure that nothing is overlooked. Never exaggerate pain levels. Physicians are trained to identify inconsistencies, and a negative office note documenting apparent exaggeration damages the entire claim.

7. Not Taking Medications as Prescribed

Doctors prescribe specific medications for specific clinical reasons. Stopping a prescribed medication without consulting the treating physician, particularly medications that require a tapering schedule, harms both recovery and the legal claim. If side effects are a problem, call the prescribing doctor to discuss alternatives rather than simply discontinuing on your own. Being forced to admit that a physician's direct medical advice was ignored is damaging to a case.

8. Stopping Treatment Too Soon or Allowing Large Gaps Between Visits

When an injured person stops seeking medical care, insurance companies and juries typically assume the injury has healed. Gaps in treatment of a month or more are used to argue that the original injury resolved and that any renewed symptoms represent an entirely new and unrelated problem. Continue seeking care until a physician confirms that the condition has stabilized or that nothing more can be done to improve it. If a doctor says to return as needed, ask how long to wait before calling if pain and limitation continue.

9. Failing to Follow Treatment for Anxiety or Depression

Pain and disability following a personal injury accident frequently trigger depression and anxiety. These psychological conditions are just as real as broken bones and can be compensated under Iowa law, but only if they are properly diagnosed and treated by a medical professional. Insurance companies and juries do not compensate for psychological harm that went untreated. Tell treating providers promptly if anxiety or depression has developed as a result of the accident or its aftermath.

10. Failing to Keep a File of Medical Records and Documentation

Every medical provider seen following an injury, every treatment referral, every work restriction, and every piece of documentation provided by healthcare providers or insurance companies should be collected and kept in a single organized file. This information is essential for an attorney to build the most accurate and complete picture of the injury and its financial impact. Losing or discarding records is a preventable mistake that weakens claims and delays resolution.

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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