Atkins Personal Injury Attorneys

A personal injury in Atkins can leave you facing painful physical recovery while also having to navigate an insurance claims process that is often stacked against you. Whether you were injured in a right turn bicycle accident, are unsure how to deal with an insurance adjuster, or are dealing with symptoms that did not appear until after the accident, understanding how these claims work can make a meaningful difference in your recovery.

Proving Liability in a Right Turn Bicycle Accident

When a car turning right strikes a bicyclist, it is often referred to as a right hook accident. This commonly happens when a cyclist is riding on the right shoulder of the road or in a bike lane alongside a car. In these situations it is usually the driver's fault, but proving liability for your injuries still requires solid evidence of negligence.

How Right Turn Bicycle Accidents Happen

Right turn bicycle accidents commonly occur in a few different ways. A bicyclist and a car may approach an intersection together, and the driver turns right without seeing the cyclist until it is too late. A cyclist may attempt to pass a slower moving car on the right, unintentionally putting himself in harm's way as the car turns. Or a bike and a car may be waiting at a light together, and when traffic is allowed to move, the car turns right and cuts off or strikes the cyclist.

Gathering Evidence After a Bicycle Accident in Atkins

To prove that a driver was primarily at fault for causing a right turn accident, several types of evidence become important. A police report will detail the accident scene and the events as described by the responding officer, along with any citations issued to either party. Eyewitness accounts are often the best type of evidence, since they can reveal exactly what the bike and the car were doing before the collision.

A driver can be shown to be negligent, and therefore liable, if he or she was speeding, failed to use a turn signal, or abruptly changed lanes. On the other hand, if witnesses describe the bicyclist swerving between lanes, riding too close to vehicles, or ignoring a traffic control device, those details may be used as a defense by the driver. It is also worth checking whether anyone captured video or photos of the accident scene, since many intersections have traffic cameras, and nearby businesses sometimes have surveillance footage that captured the crash.

Cyclists can take some precautions to help avoid right turn accidents in the first place. Keeping a safe distance behind a vehicle allows time to anticipate when it may be turning or changing lanes, and checking mirrors for nearby vehicles as you approach an intersection can help you react in time. Avoid passing a car on the right unless necessary, and when you do, make sure there is enough space to swerve out of the way if a car turns unexpectedly.

Tips for Dealing with Insurance Adjusters

There are hundreds of insurance companies operating in the United States and thousands of insurance adjusters, but they all tend to have a few things in common. They are trained in techniques designed to reduce the value of your claim and convince you to accept a small settlement, and they generally have the upper hand when you are not represented by an attorney who understands the applicable laws. While an adjuster may act friendly, they do not have your best interests in mind, and they can be less than truthful with you without facing any consequences. Ultimately, their job is to pay you as little money as possible in order to protect their employer's profits.

Insurance Companies Take Different Approaches

Different insurance companies tend to handle claims in different ways, and understanding these tendencies can help Atkins accident victims know what to expect. Some large insurers rely on adjusters who are generally responsive and personable on the phone, but that friendliness does not mean the amount they say they owe you reflects the full value of your claim. Other companies employ third-party administrators rather than their own adjusters, and these can sometimes be more difficult to work with, including being harder to reach, slower to respond to letters, and less willing to share information from their files.

Some large national and international insurers have in-house attorneys who assist their adjusters with complicated claims, and in some cases those attorneys may take over communication on a case entirely. When an attorney becomes involved on the insurance company's side, it is even more important for an injured person to have their own legal representation, since navigating settlement negotiations against a trained legal professional without help can lead to costly mistakes. Other adjusters, particularly those working for very large companies, may be located far from Iowa and unfamiliar with the specifics of Iowa law, yet still trained to pay claims as low as possible regardless of what the law actually allows.

When You May Need an Attorney

Not every personal injury claim requires an attorney. In some cases, the best advice an experienced firm can give is that you are capable of handling a claim on your own. However, if you are dealing with a difficult adjuster, a third-party administrator, or a case where the insurance company has assigned its own attorney, it is worth having a conversation with a personal injury attorney about your options before you agree to anything.

What If Your Injury Symptoms Don't Appear Right Away?

If you have been hurt in a car accident, bicycle accident, or another type of personal injury in Atkins, it is common not to feel pain until later the same day or even the next day. Regardless of when your pain starts, you should seek medical care and treatment as soon as symptoms appear.

Why Symptoms Might Not Show Up Immediately

After an accident, a spike in adrenaline and the release of hormones like cortisol can temporarily mask pain. Anyone who has lifted heavy weights or pushed themselves hard physically knows that soreness sometimes does not appear until the next day. What matters most is that once pain does begin, you promptly seek medical care so that it can be documented and your healing can begin.

Is It Too Late If You Waited to Seek Care?

Waiting more than a week to seek medical care after an accident is not necessarily too late, but it will raise a red flag for the insurance adjuster handling your case. It is important to tell your doctor exactly when the pain started and explain why you did not seek care immediately. Going to the emergency room, urgent care, or your regular doctor can be inconvenient, but failing to go at all can cost you your claim.

When an Injury Gets Worse Over Time

It is common for some injuries to develop gradually rather than all at once, sometimes referred to as a cumulative injury. For example, an injury from repeated lifting might cause soreness that fades and returns over time before becoming a lasting problem. While it can be easier to prove a sudden, traumatic injury than one that develops gradually, it is important to be able to explain exactly what caused your injury and when the pain began.

It is also common for new symptoms to emerge after an initial injury has been treated. Someone with severe neck and arm pain following an accident, for example, might not notice a shoulder problem until after neck surgery relieves the more severe pain that had been masking it. Similarly, someone recovering from a leg injury may not experience back or hip pain until they are back on their feet and walking, sometimes with a limp that puts new strain on the body. In situations like these, it is important to report any new pain or problems as soon as they appear, since they may still be connected to the original accident.

Establishing the Connection Between Your Injury and the Accident

When new conditions are diagnosed months after an initial injury, an attorney should work with your doctors to establish which conditions are related to the accident, something often referred to as a causation opinion. Some attorneys prefer to simply write a letter to a doctor rather than meet in person, but taking the time to speak directly with treating physicians often results in a clearer, more useful opinion. A doctor telling you a connection is merely possible does not carry much weight in a legal claim, since the injured person carries the burden of proving that it is more likely than not that the injury was caused by the accident.

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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