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Accidents and injuries can swiftly upend lives. During these difficult moments, personal injury lawyers are crucial allies. They focus on advocating for individuals harmed by others' negligence, ensuring they receive fair compensation. This article delves into the pivotal role personal injury lawyers play, guiding people through their claims and aiding in their recovery.
Filing a Bike Accident Claim to Recover Damages for Your Injuries
A bicycle accident claim, filed with an insurance company, can help you recover damages following a crash. Whether you suffered a right hook accident, a dooring accident, or another common type of bicycle accident, understanding how to recover compensation is crucial. Here’s a detailed overview of the claims process and key considerations.
Determining Fault
Determining fault in a bike accident claim significantly impacts how you file. If you caused the accident, you should file your claim with your car insurance company. If the other driver caused the accident, you should file a claim with their insurance company.
Even if you were on your bike, your car insurance policy might provide coverage. If you carry uninsured or underinsured motorist coverage or medical payments coverage, these can help get you compensation. Knowing your policy specifics is crucial when filing a bicycle accident claim.
Seeking Medical Help and Filing a Claim for Bodily Injury Damage
After a bicycle accident, seeking medical attention is the first step. This is critical not only for your well-being but also for determining the compensation amount for your claim. If the other driver was even partially at fault, you should file your bodily injury claim with their insurance company.
Documenting All Medical Treatment
Proper documentation of medical treatments is essential. Keep detailed notes on:
- Initial injury date
- First treatment date
- How the injury occurred
- Doctor’s prognosis
- Estimated treatment length
- Medications or surgeries
- Dates of all related appointments
Filing Your Claim
Once you’ve documented your medical treatments and sought medical care, it’s time to file your claim. The earlier you file, the better. Your insurance agent can guide you through the process. Be truthful when filing a claim and consult an attorney before signing anything.
Proving the Fault of the Other Driver
Proving the other driver’s fault can be challenging. If the insurance company believes you were partially to blame, they may try to deny coverage or reduce your compensation. To prove fault, gather and document all evidence related to the accident. Witness testimonies can be crucial.
Fault is based on negligence, such as speeding, driving under the influence, failure to yield, or aggressive driving.
Negotiating a Settlement Amount
The insurance company will offer a settlement amount once you’ve submitted your claim. Never accept the first offer; it’s often lower than what you deserve. Through negotiations, you can usually recover a more appropriate compensation amount.
How to Prevent Alcohol-Related Bike Accidents
Just like drinking and driving, drinking and biking are dangerous. Alcohol impairs cognitive and motor skills, slowing reaction time. Despite the dangers, many people still bike under the influence. According to the Centers for Disease Control and Prevention, 3.2 percent of Iowans admit to driving after drinking too much in the past 30 days, higher than the national average of 1.9 percent.
Statistical Snapshot of Alcohol-Related Bike Accidents
Statistics from the National Highway Traffic Safety Administration highlight the dangers of mixing alcohol with biking:
- In 34 percent of fatal bicycle accidents, either the cyclist or the driver was under the influence of alcohol.
- Of all 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 has legal repercussions. If you cause 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, biking while intoxicated is considered negligence. Iowa is an at-fault insurance state, meaning if you hurt someone while intoxicated, they can legally pursue recovery from you.
Understanding Iowa’s Dramshop Law
In Iowa, dramshop claims typically involve proving that a person was served too much alcohol at a bar or restaurant, leading to an accident or assault. Iowa’s Dramshop Law holds bar owners, liquor licensees, or permittees (e.g., bartenders, wait staff) liable if they serve alcohol to an intoxicated person or to someone they should reasonably know will become intoxicated.
Legal Requirements for Dramshop Liability
Bars and licensed establishments must exercise reasonable care to detect signs of intoxication. If a patron shows signs of intoxication, they must stop serving them alcohol: [Iowa Code § 123.92]. Dramshop laws apply to vendors licensed to serve alcohol on their premises, not to social hosts.
Civil Damages in Dramshop Cases
In dramshop cases, injured parties can seek compensation for:
- Medical bills
- Lost wages
- Damaged property
- Pain and suffering
- Wrongful death
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.