Marshalltown Personal Injury Attorneys

Whether you were hit by a car while riding your bicycle on a Marshalltown street or you are in the middle of a disputed personal injury claim and trying to figure out your options, understanding your legal rights is the first step toward recovering what you deserve. Bicycle accidents in Iowa can cause serious, life-altering injuries, and the process of seeking compensation from an insurance company is rarely straightforward. At the same time, not every personal injury dispute has to end up in a courtroom. Many cases are resolved through alternative methods that save time, money, and stress. The personal injury attorneys at Walker, Billingsley & Bair serve Marshalltown and the surrounding communities and are here to guide injured Iowans through every stage of the legal process.

Bicycle Accidents in Iowa: A Real and Serious Risk

Bicycling is a popular activity across Iowa, but sharing the road with motor vehicles creates genuine dangers for cyclists. According to the National Highway Traffic Safety Administration, there were five pedalcyclist fatalities in Iowa in 2011 alone. Data covering 2009 through 2014 showed that Polk County had the most bicycle-car accidents in the state. The goal, of course, is to reduce the number of bicyclist accidents in Iowa to zero. While that may not be immediately achievable, understanding the most common types of bicycle accidents and how they happen is a meaningful step toward prevention and toward knowing your legal rights when a crash does occur.

Common Types of Bicycle Accidents and How to Avoid Them

Not all bicycle accidents look the same. Several distinct accident types account for a significant portion of bicycle-related injuries in Iowa, and each one carries specific risks that cyclists and drivers should be aware of.

The Right Hook Accident

A right hook accident happens when a car making a right-hand turn cuts directly into the path of a cyclist. These crashes occur at intersections as well as when a vehicle is pulling out of a driveway or parking lot. Because some drivers fail to use their turn signals, it can be difficult for a cyclist to know that a right turn is coming. To reduce the risk of this type of crash, cyclists should make sure that when stopped at a red light or stop sign, they position themselves slightly in front of vehicles in the right-hand lane so the motorist can see them clearly. Cyclists should also avoid passing a vehicle on the right side, since a driver making an unexpected right turn may not see a cyclist approaching from that direction. Always pass on the left.

The Dooring Accident

A dooring accident is among the more severe types of bicycle crashes. This occurs when a cyclist is riding between moving lanes of traffic and parked cars on the right-hand side of the road, and a motorist unexpectedly opens the left-side door of a parked vehicle. The door may either block the cyclist's path or slam directly into the rider, potentially causing the cyclist to swerve into oncoming traffic. Dooring accidents are particularly difficult to avoid when the space between traffic and parked cars is minimal. Whenever a bike lane separate from the road is available, cyclists should always choose it. Otherwise, staying alert, slowing down, and paying close attention when approaching parked vehicles can reduce the risk.

Left-Turning Vehicles at Intersections

At intersections, left-turning vehicles are generally required to yield to oncoming traffic unless they have a green turn arrow. However, bicyclists are far harder to see than other vehicles, particularly in poor lighting conditions. A driver may assume the road is clear and make a left-hand turn directly into or in front of a cyclist proceeding straight through an intersection. To address this risk, cyclists should ensure their bikes have proper lighting and that they are wearing bright colors to improve visibility. Making eye contact with drivers who appear to be waiting to turn left before proceeding through an intersection is also a practical safety step. Additionally, cyclists should avoid riding on the sidewalk, since motorists do not expect fast-moving vehicles to be approaching from sidewalks.

Failure to Yield at Intersections

Sometimes it is the cyclist who fails to yield to a vehicle at an intersection. Misjudging a vehicle's speed and distance can happen easily, and the consequences can be severe. Even when a cyclist has the right of way, it is important to exercise caution before proceeding into any intersection, confirm that other drivers can see you, and double-check that the path is truly clear. Assuming the right of way without verifying it is a dangerous habit.

Filing a Bicycle Accident Claim to Recover Damages in Iowa

If you have been involved in a bicycle accident in Iowa, filing a claim with an insurance company is the standard path toward recovering compensation for your injuries and losses. Whether you suffered injuries in a right hook crash, a dooring accident, or another collision, knowing how the claims process works is essential to protecting your interests.

Determining Who Was at Fault

Fault determination has a significant impact on how a bicycle accident claim is filed and against which insurance company. If the other driver caused the accident, you should file your bodily injury claim with that driver's insurance company. If you were riding a bicycle but also carry a car insurance policy, that policy may still provide you with coverage. Uninsured or underinsured motorist coverage and medical payments coverage can both be valuable sources of compensation in bicycle accident cases. Knowing the specifics of your policy is crucial when filing.

Seeking Medical Attention and Documenting Your Injuries

The very first step after a bicycle accident is seeking medical attention. Getting care is not only critical to your health and wellbeing, but it is also necessary for establishing the compensation amount you will need from a claim. You will need to document all medical treatments carefully. Important details to keep track of include the initial date of your injury, the date you first received treatment, how the injury occurred, the prognosis issued by your doctor, the estimated length of treatment, any medications or surgeries involved, and the dates of all appointments related to the accident. This documentation forms the backbone of a successful claim.

Filing Your Claim and Negotiating a Settlement

Once you have sought medical treatment and documented everything thoroughly, it is time to file your claim. The earlier you file, the better. Your insurance agent should walk you through the process, either over the phone or independently. Always be completely truthful when filing a claim, and do not sign any documents without an attorney present.

Once a claim is submitted, the insurance company will respond with a settlement offer. It is important not to accept the first offer. Initial settlement amounts are frequently lower than what an injured person actually deserves. Negotiating with the insurance company often produces a more appropriate compensation amount. Proving fault is one of the more challenging aspects of this process. If the insurance company believes you were even partially to blame, they may try to deny your coverage or reduce the amount they offer. Gathering all available evidence and, if applicable, witness testimony is essential to establishing that the other driver was negligent. Examples of driver negligence that can be used to establish fault include speeding, driving under the influence of alcohol, failure to yield, and aggressive driving behavior.

When Negotiations Break Down: Alternative Dispute Resolution Options for Iowa Personal Injury Cases

Many personal injury cases are resolved through direct negotiations with an insurance company. But when negotiations stall or a fair agreement cannot be reached, there are alternatives to taking the case all the way to trial. Understanding these options can help injured Iowans make informed decisions about how to proceed.

Arbitration: A Streamlined Path to Resolution

Arbitration is one alternative to traditional litigation. In some ways it resembles a courtroom hearing, but it operates with fewer rules surrounding the use of evidence and is generally less formal. An arbitrator reviews the facts and evidence, listens to testimony from witnesses, and then makes a final decision. Arbitration is typically less costly than full litigation and usually takes less time to complete.

Arbitration can be either binding or non-binding. In binding arbitration, the arbitrator's decision is final. In non-binding arbitration, the parties may choose not to accept the decision. Both sides must agree on who will serve as the arbitrator, and the hearing can be held in virtually any setting, which usually makes the process more convenient for everyone involved.

Facts are established through evidence at an arbitration hearing, which can include tangible items, medical records, photographs, video footage, and other pertinent documentation. Witnesses provide testimony and are subject to cross-examination. Those witnesses may be individuals who observed the accident or expert witnesses such as a medical professional or accident reconstruction specialist. There may or may not be formal opening and closing statements, depending on how the parties agree to proceed.

Mediation: Giving Both Parties a Voice

An even less formal method of resolving a personal injury dispute is through mediation, which is more commonly used in personal injury cases than arbitration. Like arbitration, mediation avoids litigation and saves time, money, and stress. However, a mediator plays a very different role than an arbitrator. The mediator is an unbiased third party who does not make a decision or ruling and does not even offer an opinion. Instead, the mediator's job is to allow both parties to share their perspectives on the matter and then guide them toward an agreement that is mutually satisfactory.

Most mediation sessions begin with both parties meeting together in one room. The mediator then moves each party to a separate space, and offers, demands, questions, and requests pass back and forth as the mediator shuttles between the two. The mediator may help the parties identify areas where they already agree and work from there to bridge their differences. Reaching a resolution through mediation typically requires some degree of give and take from both sides, and people entering mediation should expect to make some compromises. If the dispute cannot be resolved through mediation, the case may ultimately need to go to trial.

Weighing the Pros and Cons of Alternative Dispute Resolution

The primary advantages of alternative dispute resolution are well established: it generally takes less time, costs less money, and involves less stress than going to trial. Parties may also approach these proceedings in a calmer and more rational frame of mind, since litigation can sometimes heighten emotions and make productive negotiation more difficult. With mediation in particular, the parties remain more directly involved in the decision-making process and have greater influence over the final outcome. If a personal injury case goes to trial and the other side prevails, the injured person may walk away with nothing. Mediation allows both sides to reach a resolution that each can live with.

That said, there are potential downsides to consider as well. If alternative dispute resolution fails to produce a resolution, the parties will have spent money on the process without achieving a result, and will then need to spend additional resources on litigation. It is important for injured Iowans to go into any alternative dispute resolution process with clear expectations and with the guidance of an experienced attorney who can protect their interests throughout.

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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