Mount Vernon Personal Injury Attorneys

Being injured through someone else's negligence is a disruptive, often overwhelming experience. Whether you were hurt in a bicycle accident, a car crash, or another personal injury incident in Mount Vernon, Iowa, understanding how insurance companies operate and knowing your legal rights are two of the most important things you can do to protect yourself and the value of your claim.

Personal injury cases in Iowa involve a wide range of circumstances, but they share one common thread: the injured person must navigate a claims process controlled largely by insurance companies whose primary goal is to pay out as little money as possible. At Walker, Billingsley & Bair, our personal injury attorneys have been helping injured Iowans stand up to insurance companies since 1997. This article covers three areas that are directly relevant to injury victims in Mount Vernon: understanding the risks and realities of bicycle accidents, knowing what to expect when dealing with insurance adjusters, and understanding your right to evaluate and negotiate any settlement offer before you accept it.

Bicycle Accidents in Iowa: Common Causes and How to Protect Yourself

Bicycling is a popular activity throughout Iowa, but it carries real risks, particularly when cyclists and motor vehicles share the road. According to the National Highway Traffic Safety Administration, there were five pedalcyclist fatalities in Iowa in 2011 alone. Iowa law treats bicycle accidents as serious personal injury matters, and victims who are hurt due to a motorist's negligence have the right to pursue compensation for their injuries.

Understanding the most common types of bicycle accidents is essential, both for prevention and for knowing what happened if an accident does occur.

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, whether at an intersection, a driveway, or a parking lot exit. Because some drivers fail to use their turn signals, a cyclist may have little or no warning that a vehicle is about to turn in front of them. To reduce this risk, cyclists should position themselves slightly ahead of vehicles in the right-hand lane when stopped at a red light or stop sign, putting the cyclist directly in the driver's line of sight. Additionally, cyclists should never pass a vehicle on the right side, as a driver turning right will not be looking for a cyclist approaching from that direction. Always pass on the left.

The Dooring Accident

A dooring accident is one of the more dangerous and unpredictable types of bicycle crashes. It occurs when a cyclist is riding in the space between moving traffic and a line of parked cars, and a driver or passenger opens their door suddenly into the cyclist's path. The impact can cause serious injury directly, or it can send the cyclist swerving into oncoming traffic. When a dedicated bike lane is available and separated from the road, cyclists should always use it. When no bike lane is present, staying alert near parked cars and slowing down when approaching them is the most effective defense.

Left-Turning Vehicles

At intersections, vehicles making left turns are generally required to yield to oncoming traffic unless they have a green turn arrow. However, bicyclists are much harder for drivers to see than other vehicles, particularly in low-light conditions. A driver may conclude that the road is clear and execute a left turn directly into or across the path of an oncoming cyclist. To reduce this risk, cyclists should ensure their bikes are equipped with proper lighting and that they are wearing bright, visible clothing. Making eye contact with left-turning drivers before proceeding through an intersection adds an additional layer of safety. Cyclists should also avoid riding on sidewalks, as motorists do not expect fast-moving cyclists to emerge from sidewalks into intersections.

Failure to Yield by the Cyclist

Not all bicycle accidents are caused by motor vehicles. Some crashes occur when a cyclist misjudges an oncoming car's speed or distance and fails to yield at an intersection. Even when a cyclist has the legal right of way, exercising caution before entering any intersection and confirming that other drivers can see you before proceeding is always the safer approach. Right of way does not prevent injury; attentiveness does.

What to Do After a Bicycle Accident in Mount Vernon

If you are involved in a bicycle accident in Mount Vernon, an experienced personal injury attorney can handle all aspects of your case, including determining who was at fault, filing your claim for damages against the responsible party's insurance company, and pursuing a lawsuit when your injuries are severe or when a claim is wrongfully denied. The steps you take in the hours and days immediately after an accident can significantly affect the outcome of your claim, which is why consulting with an attorney as soon as possible is strongly recommended.

Understanding How Insurance Adjusters Operate

After any personal injury incident in Iowa, one of the first people you are likely to hear from is an insurance adjuster. It is critical that Mount Vernon injury victims understand what an insurance adjuster's job actually is before they say anything or sign anything.

There are hundreds of insurance companies in America and thousands of insurance adjusters. What they all share in common is this: they are trained in techniques to reduce the value of your claim, convince you to accept a smaller settlement, and generally maintain the upper hand when you are not represented by an attorney who knows Iowa law. While an adjuster may come across as friendly and sympathetic, they do not have your best interests in mind. Their job, at its core, is to pay you as little money as possible in order to maximize the insurance company's profits.

Understanding how some of the major insurance carriers operating in Iowa approach claims can help injury victims in Mount Vernon make more informed decisions about when to seek legal representation.

Large Insurers and Their Adjustment Practices

Some of the largest workers' compensation and personal injury insurers operating in Iowa include companies such as Liberty Mutual, Travelers, and Zurich, along with third-party administrators like Sedgwick and Gallagher Bassett. Each of these companies has different practices when it comes to handling claims, but they share a common objective.

Companies like Liberty Mutual and Travelers often have in-house Iowa attorneys who assist their adjusters, either in the background providing strategy or by stepping in to take a more active role in your case. If a lawyer is assigned to the other side of your claim, you should strongly consider retaining your own attorney. Going up against a trained legal professional without representation of your own is a significant disadvantage that can result in costly and avoidable mistakes.

Third-party administrators like Sedgwick and Gallagher Bassett are not insurance companies themselves; they manage claims on behalf of self-insured companies or other insurers. In practice, they can be among the most difficult to deal with, often being slow to return calls, respond to correspondence, or release records. Their resistance frequently makes litigation necessary.

Large international carriers like Zurich, which brings in more than 47 billion dollars in revenue annually and employs more than 53,000 people worldwide, assign adjusters who may be located far from Iowa and who may not be familiar with the specific provisions of Iowa injury law. Regardless of how they treat you on the phone, every adjuster working for every insurance company has been trained to pay you as little as possible. Knowing that going in is your first line of defense.

Key Rules for Dealing with Insurance Adjusters

If you find yourself communicating with an insurance adjuster before you have retained an attorney, there are several important guidelines that can help protect your claim:

• Anything you tell an insurance adjuster can and will be used against you in your claim and in any subsequent lawsuit. Be careful about what you say, but never lie. Keep in mind that if you have prior injuries or accidents, insurance companies share information through shared databases and they will find out.
• Do not threaten the adjuster. Being calm, cooperative, and factual will serve you far better than anger or confrontation.
• Know your facts. Be clear about how your injuries occurred, which doctors and providers you have treated with, and what conditions you have been diagnosed with.
• Read what insurers don't want you to know about their claims tactics before engaging with any adjuster on a significant injury claim.

Do You Have to Accept the Insurance Company's Settlement Offer?

One of the most important things an injury victim in Mount Vernon can understand is this: in Iowa, you absolutely do not have to accept an insurance company's first settlement offer. In fact, it is very rare that the first offer is the insurer's best offer. The initial offer is almost always a starting point designed to resolve your claim for the least amount possible.

That said, deciding whether to negotiate on your own or to retain an attorney depends on a few important considerations. Before making that decision, every injury victim should have clear answers to the following questions:

1. Are your injuries minor enough that you may be better off resolving the case on your own without paying an attorney a percentage of your recovery?
2. If your medical bills have been paid by your health insurer or another insurance carrier, who will be reimbursing them? This is known as subrogation, and it can consume your entire settlement if you are not aware of it and do not handle it correctly.
3. How much time remains before the statute of limitations expires? Missing this deadline means losing your right to compensation entirely.

If you do not have confident answers to all three of those questions, consulting with a qualified Iowa personal injury attorney before accepting any offer is strongly recommended. Failing to do so has cost many injury victims thousands of dollars, and in some cases, their entire claim.

How the Value of a Personal Injury Claim Is Evaluated

No two personal injury cases are identical, but there are common factors that affect the value of every claim. An experienced attorney evaluates a claim by considering the following:

• The severity and extent of the injuries
• Whether multiple body parts were injured
• Whether there are objective injuries such as broken bones
• Whether the victim was hospitalized
• Whether surgery was required
• How much time the victim missed from work
• The circumstances under which the injury occurred
• How much insurance coverage is available from the at-fault party
• Whether an underinsured motorist coverage claim may also be available

Your family and friends may have opinions about what your case is worth, but the only people who deal with insurance companies on a daily basis and who have handled hundreds of cases similar to yours are qualified Iowa personal injury attorneys. Speaking with one before accepting any offer is one of the most important steps you can take to protect the full value of your claim.

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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