Milford Personal Injury Attorneys

Pedestrians and cyclists share the roads of Milford, Iowa with motorists every day, and when a driver fails to follow the law or pay attention, the consequences for those on foot or on a bike can be life-altering. Unlike vehicle occupants, pedestrians and cyclists have no structural protection around them. A single collision can result in serious injuries, significant medical bills, lost time from work, and lasting physical and emotional trauma.

If you or a loved one has been injured in a pedestrian or bicycle accident in Milford, understanding Iowa's traffic laws, the most dangerous types of crashes, and how to protect your claim from insurance company tactics is essential. This guide covers all three so you can move forward with confidence and the right information on your side.

Iowa Pedestrian Laws and Your Rights After an Accident

According to the National Highway Traffic Safety Administration (NHTSA), more than 4,000 pedestrians are killed in traffic accidents and tens of thousands more are injured across the United States every year. The NHTSA also reports that 75 percent of pedestrian accidents occur in urban areas, on clear or cloudy days, and at nighttime. Learning Iowa's pedestrian laws before an accident occurs, and understanding your rights afterward if one does, can make a significant difference in your ability to recover compensation.

In Iowa, traffic laws specify that pedestrians must obey the rules of the road and all applicable traffic control signals. Those same laws also define who has the right of way at intersections and elsewhere on the road.

When Pedestrians Have the Right of Way

A pedestrian has the right of way at intersections where there are no traffic lights and when walking within a crosswalk, whether that crosswalk is marked or unmarked. Motorists are also required to yield to pedestrians when entering or leaving a driveway, parking lot, or alley. Despite these legal protections, pedestrians should always exercise extreme caution when crossing and never assume that a vehicle will stop even when a law requires it to do so.

When Pedestrians Must Yield

Iowa traffic law also requires pedestrians to yield the right of way to motorists and cyclists in certain situations. When crossing a road at any point other than an intersection or a marked or unmarked crosswalk, a pedestrian must yield to oncoming traffic. The same applies when crossing a roadway at a location where a pedestrian tunnel or overhead crossing is available. Using those designated crossings when they exist is not just safer, it is legally required.

Additionally, when walking on or along a road or highway where there is no sidewalk, a pedestrian must stay on the left side of the road, facing oncoming traffic. This requirement is logical from a safety standpoint: if a driver swerves or drives erratically, the pedestrian has a better chance of seeing it in time to move out of the way.

Pursuing Compensation After a Pedestrian Accident in Milford

Despite all the laws in place to protect pedestrians, people are still struck by negligent drivers in Iowa. If you were injured in a pedestrian accident through no fault of your own, you have the right to pursue damages for the physical and emotional harm you suffered. To do so successfully, you must not only prove that the motorist was at fault, but also demonstrate the full scope of damages associated with the accident and the injuries it caused.

Pedestrians can present evidence including medical bills, documentation of lost wages, and a wide range of other testimony and evidence to establish the full extent of their damages. This can be a challenging process without the guidance of a personal injury attorney who is familiar with these types of cases. An attorney can help gather evidence, build the case, and demonstrate that a motorist's negligence was the direct cause of your injuries.

Common Types of Bicycle Accidents in Iowa and How to Avoid Them

Cyclists face many of the same dangers as pedestrians, and often just as little protection. Knowing the most common types of bicycle accidents in Iowa can help riders stay safer on the road, and knowing what to do if an accident happens can protect your legal rights.

The Right Hook Accident

A right hook accident occurs when a car making a right-hand turn crosses directly into the path of a cyclist. This type of crash can happen at intersections or when a vehicle pulls out of a driveway or parking lot. Because some drivers fail to use their turn signals, a cyclist may have no advance warning that a vehicle is about to turn in front of them.

To reduce the risk of a right hook crash, when stopped at a red light or stop sign, position yourself slightly in front of any vehicles in the right-hand lane so the driver can see you directly. Never pass a vehicle on the right side, as the driver is unlikely to expect you there if they decide to turn. Always pass on the left.

The Dooring Accident

A dooring accident occurs when a cyclist riding between moving traffic and parked cars is struck by a car door that opens suddenly on the left side of a parked vehicle. The unexpected door can either block the cyclist's path or slam directly into them. The collision may force the cyclist to swerve into oncoming traffic, making this type of accident particularly dangerous.

Dooring accidents can be difficult to avoid, especially when the space between moving traffic and parked cars is narrow. Whenever a separate bike lane is available, use it. Otherwise, stay alert for parked cars, slow down when approaching them, and give yourself as much buffer distance as possible.

Left-Turning Vehicle Accidents

At intersections, left-turning vehicles are generally required to yield to oncoming traffic unless they have a green turn arrow. However, cyclists traveling straight through an intersection can be much harder for drivers to see than other cars, especially when lighting conditions are poor. A driver may believe the road is clear and make a left turn directly into or in front of a cyclist.

To improve your visibility in these situations, make sure your bike is equipped with a light and wear bright colors when riding. Before proceeding through an intersection, try to make eye contact with any left-turning drivers. Do not ride on the sidewalk, as motorists do not check sidewalks for fast-moving cyclists.

Failure to Yield at Intersections

The fourth most common type of bicycle accident occurs when the cyclist fails to yield to a vehicle at an intersection. Misjudging an oncoming car's speed and distance is easier than it might seem. Even when you have the legal right of way, always double-check before entering an intersection to make sure all other drivers can see you and that you are in the clear. Right of way matters under the law, but it does not prevent an accident by itself.

What a Personal Injury Attorney Can Do After a Bicycle Accident

If you are injured in a bicycle accident in or around Milford, the attorneys at Walker, Billingsley & Bair can handle all aspects of your case, including determining fault, filing your claim for damages against the insurance company, and filing a lawsuit if your injuries are severe or if your claim is denied. Do not try to navigate the insurance process alone after a serious bicycle crash.

Why the Insurance Company Is Not Always on Your Side

Whether your injury involves a pedestrian accident, a bicycle crash, or any other type of personal injury, one truth applies across the board: insurance companies are in business to make a profit, and they would rather collect premiums than pay claims. The insurance adjuster may come across as friendly and helpful, but that adjuster is not on your side. They are under no obligation to help you and, importantly, are not even required under the law to tell you the truth.

The adjuster's primary job is to pay you as little money as possible and close your file quickly. Understanding the eight most important things to keep in mind when dealing with an insurance adjuster directly can protect your claim and your recovery.

Always Tell the Truth

The insurance adjuster will not simply take you at your word. They will want documentation for your lost wages, your medical care, and importantly, any prior medical care you have received. If you forget about prior medical treatment or misrepresent anything to the adjuster, they will likely find out through their databases and reduce their offer accordingly. Honesty protects your credibility and your case.

Be Careful About Recorded Statements

You are generally not required to provide a recorded statement to the other party's insurance company. If they insist on a statement, you may agree to provide one without having it recorded. However, if you are making a claim against your own insurance company because the other driver had no insurance or insufficient coverage, your policy may actually require you to give a recorded statement. Treat any recorded statement with the same seriousness as a deposition given under oath. If you do not understand a question, say so before answering.

Do Not Hide Prior Accidents or Injuries

Insurance companies have access to national databases that contain all prior claims made by individuals, including prior property damage and personal injury claims. If you are not honest about prior injuries or accidents when asked, this will raise a red flag and may seriously damage your case. Disclose prior relevant history accurately and let your attorney help you frame it in the proper context.

Be Matter-of-Fact in Every Interaction

Insurance adjusters handle hundreds of files every year and are trained to look for information that could reduce the value of your claim. Stick to the facts of your case. Do not volunteer information that is not directly relevant to your injury. Avoid getting angry or emotional during conversations with an adjuster, as these reactions can be used to undermine your credibility in front of a judge or jury. If you feel yourself becoming upset during a call or meeting, it is perfectly acceptable to step away and continue the conversation later.

Know Your Statute of Limitations

Under Iowa law, you generally have two years from the date of your injury to bring a personal injury claim. There are exceptions. If you were struck by a drunk driver, you have only 180 days to provide notice to the bar or establishment involved in a dram shop claim. If you are not sure which deadlines apply to your specific situation in Milford, contact a qualified attorney as soon as possible. Missing a filing deadline can permanently bar you from recovering compensation, regardless of how strong your case is.

Do Not Wait Too Long to Settle or Seek Legal Help

Waiting until the last minute to try to settle your case with the insurance company puts all the pressure on you, not on them. Most qualified Iowa injury attorneys need at least 120 days before a statute of limitations expires to properly investigate a case, identify all responsible parties, and prepare the necessary filings. If you try to negotiate at the very end and are not successful, finding an attorney willing to take your case with only a few weeks remaining on the clock becomes extremely difficult. The time to act is now, not later.

Understand What You Are Signing Away

If you are attempting to settle your case on your own, understand that in most cases you are giving up all rights to future compensation and medical care in exchange for a lump sum today. You also need to make sure you understand all the terms and that they are in writing. For example, you need to know which specific medical bills are being paid, and whether your health insurance company expects to be reimbursed out of your settlement through a process called subrogation. Failing to address these issues before signing a settlement can cost you significantly more than you realize.