DeWitt Personal Injury Attorneys

If you or someone you love has been hurt in a pedestrian accident or any other personal injury incident near DeWitt, Iowa, one of the first obstacles you will face is dealing with the insurance company. Most injured people are surprised to discover that the insurance adjuster calling to check in is not calling to help them. Understanding how insurance companies operate, how to handle adjusters from specific carriers, and how to protect your rights from the very beginning can make the difference between a fair recovery and a costly settlement you will regret for years.

The personal injury attorneys at Walker, Billingsley & Bair have served injured Iowans throughout DeWitt, Clinton County, and communities across the state for decades. This article draws from their published guidance to help you understand your rights after a pedestrian accident, why the insurance company is not on your side, and what you can do to protect yourself before and after filing a claim.

Pedestrian Accidents in and Around DeWitt, Iowa

As temperatures warm and daylight hours stretch longer, more DeWitt residents take to sidewalks, crosswalks, and local streets on foot. That increase in pedestrian activity also means a greater risk of being struck by an inattentive or negligent driver. Whether you are walking near downtown DeWitt, crossing a parking lot, or simply heading home on foot after dark, the dangers are real and the consequences of being hit by a vehicle can be severe.

Drivers who are talking on cell phones, sending text messages, or otherwise distracted significantly increase the risk for pedestrians crossing nearby. Iowa law requires drivers to yield to pedestrians at crosswalks, and a driver who fails to yield may be found negligent. A driver also has a duty to sound their horn as a warning when a pedestrian is present, if necessary. If you were crossing during a walk signal at a proper crosswalk and were still struck, the driver is most likely at fault under Iowa law.

Pedestrians, however, also carry responsibilities. When crossing during a red or yellow light, a pedestrian who is struck may be considered at fault because the duty to yield to vehicles applies to them in that situation. Iowa's pedestrian traffic laws outline these shared responsibilities clearly, and knowing them matters when building your claim.

How Pedestrians Can Protect Themselves in DeWitt

Never assume that a driver sees you. You have no way of knowing whether the person behind the wheel is distracted, impaired, or simply not looking in your direction. Even when you are standing at a crosswalk or beside a stop sign, a car may not stop. Before stepping off the curb, make direct eye contact with the driver. Give yourself more than enough time to cross without rushing.

Avoid crossing in the middle of a block whenever possible. Parked cars along the side of the road can hide you from approaching drivers until it is too late for them to stop. Most drivers watch for pedestrians at intersections, not mid-block. At night, avoid dark-colored clothing, which causes pedestrians to blend into their surroundings and become nearly invisible to drivers until far too close.

How Drivers Can Avoid Hitting Pedestrians

Drivers in DeWitt and throughout Iowa must yield to pedestrians who are lawfully crossing the road. With so many drivers distracted by smartphones today, the risk to people on foot has never been higher. If you are behind the wheel and a pedestrian is crossing legally, you are required under Iowa law to yield and to give audible warning with your horn when needed. Failing to do so can constitute negligence and expose you to significant legal liability.

Why the Insurance Company Is Not on Your Side

After a pedestrian accident or other personal injury incident in DeWitt, the at-fault driver's insurance company will likely contact you quickly. The adjuster may sound friendly and sympathetic. Do not mistake that tone for genuine concern. Insurance companies are businesses, and their primary goal is to collect premiums and minimize payouts. The insurance adjuster's biggest job is to pay you as little money as possible and close your file.

The adjuster is under no legal obligation to help you. They are not required to explain your rights, volunteer information that benefits your case, or even tell you the truth. All insurance companies, regardless of their size or the friendliness of their staff, share the same fundamental objectives:

• They are trained to reduce the value of your claim and convince you to accept a low settlement.
• They do not have your best interests in mind, even when they act like your ally.
• Their job is to pay you as little as possible to maximize company profits.

Knowing this from the start puts you in a far better position to protect your claim and your financial future.

Key Things to Know Before Dealing with Any Insurance Adjuster

Always Tell the Truth

Insurance companies have databases containing records of every claim a person has ever filed across the country, including property and personal injury claims. If you are not truthful about prior accidents, prior injuries, or prior treatment, the adjuster will find out. Discrepancies will be used to reduce or deny your claim. Honesty is not just an ethical obligation; it is a strategic one. If you forget about past chiropractic visits or other medical treatment and it surfaces later, your credibility and your case will both take serious damage.

Recorded Statements Require Careful Thought

If the other driver's insurance company asks you for a recorded statement, you are generally not required to provide one. If the adjuster insists, you may agree to a statement that is not recorded. Be especially careful if your own insurance company requests a statement, as your policy may actually require you to cooperate. A recorded statement carries the same weight as a deposition taken under oath. If you do not understand a question, say so. A question like "Have you ever had back pain before?" is asking about your entire lifetime, not just the day of the accident. Answering incorrectly can damage your case significantly. For more guidance on what to say and what to avoid, review the information at iowainjured.com on recorded statements.

Stay Calm and Stick to the Facts

Insurance adjusters handle hundreds of files every year. They are trained to look for anything that can reduce the value of your case, including personal problems at home, emotional outbursts, or careless comments. Do not volunteer information that was not asked for. If the conversation strays into problems unrelated to your injury, bring it back to the facts of your case. If you become angry or upset during a call, tell the adjuster you will call back later. Losing your temper gives the insurance company ammunition to portray you as difficult, which can hurt your standing before a judge or jury.

Know Your Statute of Limitations

Under Iowa law, you generally have two years from the date of your injury to file a personal injury claim. However, there are important exceptions. If a drunk driver caused your injury, you may have only 180 days to provide notice to the bar that served the driver. If you received weekly workers' compensation benefits following a work-related injury, your statute of limitations may extend beyond two years. Never wait until the last minute to pursue your claim. Most qualified Iowa personal injury attorneys want at least 120 days before your deadline to properly investigate your case, identify all responsible parties, and prepare the necessary filings. If you try to negotiate at the very end and fail, finding an attorney willing to take a case with only weeks remaining is extremely difficult.

Understand What You Are Signing Away

If you attempt to settle your DeWitt personal injury case on your own, make sure you understand every term in writing before agreeing to anything. A settlement almost always means you are giving up all rights to future compensation and medical care in exchange for a payment today. You also need to address subrogation. If your health insurance paid some or all of your medical bills, you may be required to repay that money out of your settlement. Failing to account for subrogation can leave you personally responsible for bills you thought were already covered. For more information on settling a car accident or personal injury claim in Iowa, visit iowainjured.com.

Dealing with Specific Insurance Companies After a DeWitt Personal Injury

Knowing the general tactics insurance adjusters use is helpful, but understanding how specific companies operate in Iowa gives injured people an even greater advantage. Below is a breakdown of how several major carriers handle personal injury claims in this state.

EMC Insurance

EMC is a Des Moines-based company and one of the largest workers' compensation insurers in Iowa. Many of their adjusters are polite and responsive. However, do not let a friendly tone convince you that the adjuster is working in your interest or that the amount they say they owe you is the full value of your claim.

Liberty Mutual

Liberty Mutual is consistently among the top three workers' compensation writers in Iowa. Their adjusters have access to in-house Iowa attorneys who may take over your file or work quietly in the background to shape how your claim is handled. If an attorney from Liberty Mutual becomes involved in your case, you should strongly consider hiring your own attorney. The workers' compensation changes Iowa enacted in 2017 contain numerous traps for injured workers, and being persuaded to "retire" rather than being formally terminated could cost you tens of thousands of dollars in benefits.

Sedgwick and Gallagher Bassett

Sedgwick and Gallagher Bassett are third-party administrators, meaning they manage claims on behalf of self-insured companies or other carriers without in-state adjusters. In the experience of Iowa injury attorneys, these companies are often far more difficult to work with than traditional insurance company adjusters. Obtaining records, getting return calls, and receiving timely responses to correspondence can all become significant hurdles. Cases involving these administrators frequently require filing suit to achieve a fair resolution.

AIG

AIG is a large New York-based international insurer with numerous subsidiary companies. Their adjusters have a reputation in Iowa for being slow to respond, dismissive of correspondence, and at times openly indifferent to the hardships their claimants face. While not every AIG adjuster behaves this way, the pattern is common enough that injured people should be prepared for a difficult process when AIG is the carrier involved.

Travelers

Travelers operates a large claims center in Overland Park, Kansas, and also has in-house Iowa attorneys ready to assist or take over files. Like Liberty Mutual, Travelers has the legal resources, the training, and the financial backing to outmaneuver an unrepresented claimant. If you are dealing directly with Travelers without an attorney, the odds of receiving fair compensation are significantly reduced.

Zurich Insurance

Zurich is a Switzerland-based international insurer with more than 53,000 employees and annual revenue exceeding 47 billion dollars. One of their major subsidiaries is Farmers Insurance. Adjusters assigned to Iowa claims from Zurich are often located far from Iowa and may have limited familiarity with state law. Regardless of their location or demeanor, their objective remains the same: pay you as little as the situation allows.

Why DeWitt Injury Victims Should Talk to an Attorney Before Settling

Every major insurance company operating in Iowa has one thing in common: they are better funded, better staffed, and better prepared than the average injured person trying to handle a claim alone. They know Iowa law. They have trained adjusters, in-house attorneys, and decades of experience convincing claimants to accept less than they deserve. Residents of DeWitt and surrounding Clinton County communities should not be put in a position where they are negotiating against that kind of apparatus without guidance.

Whether your case involves a pedestrian accident on a DeWitt street, a car crash, a work injury, or another personal injury matter, the steps you take in the early days of your claim can significantly affect the outcome. Giving a recorded statement without preparation, signing a release before your treatment is complete, or simply not knowing your statute of limitations can all result in losing thousands of dollars you were rightfully owed.

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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