Muscatine Personal Injury Attorneys

Lives can be quickly disrupted by accidents and injuries. In such trying moments, personal injury lawyers are essential. They specialize in advocating for victims of negligence, ensuring fair compensation. This article delves into the important role personal injury lawyers play in guiding individuals through their claims and reclaiming their lives.

When filing a claim for injuries sustained during a bicycle accident, questions about fault and the impact of not wearing a helmet often arise. In Iowa, where no bicycle helmet law exists, your decision not to wear a helmet can still affect your bicycle accident claim.

Iowa Helmet Laws

Iowa is one of 13 states in the nation without a bicycle helmet law, meaning there is no legal obligation for riders of any age to wear helmets. This lack of regulation means that not wearing a helmet doesn’t automatically label you as negligent or lawless. However, this does not prevent defendants from arguing that your lack of helmet use contributed to your injuries.

Comparative Negligence Laws

Despite the absence of a helmet law, defendants may claim you acted negligently by not wearing a helmet, especially if you sustained head injuries. Iowa's comparative negligence laws state that if the victim is less than 50% at fault for the accident, they can still recover damages, although their recovery amount is reduced by their proportion of fault. For non-head injuries, helmet use is generally irrelevant.

Proving the Negligence of the Other Party

To hold the other party fully liable, you must prove their negligence caused the accident and your injuries would not have occurred but for their actions. Evidence such as police reports, physical evidence, and witness testimony can support your claim.

Filing a Claim for a Head Injury from a Bike Accident

Bicyclists, especially those without helmets, are at serious risk of head injuries in accidents with motor vehicles. Filing an injury claim after such an incident can be overwhelming for victims and their loved ones.

Who’s Liable for Injuries?

In Iowa, the at-fault party is responsible for damages. In bicycle accidents, this is typically the motor vehicle driver, making their insurance liable for your damages.

How to Prove Liability

The at-fault driver may argue that you contributed to the accident. To counter this, you need evidence like police reports, physical evidence, and witness testimony. Additionally, you must prove your head injury was a direct result of the accident.

How Much Am I Entitled?

The insurance adjuster determines your settlement amount based on the extent of your injuries, medical bills, lost wages, and other damages. If you were partially at fault, your damage amount might be reduced.

When a Settlement Amount Isn’t Enough

You can negotiate for a higher settlement or file a claim against the at-fault driver in civil court within the two-year statute of limitations. Severe brain injuries often require extensive compensation, making a civil suit necessary.

Bicycle Accidents in Iowa: How to Avoid Them and What to Do When It Happens to You

A Right Hook Accident

Occurs when a car turns right into a cyclist’s path. Avoid this by positioning yourself slightly ahead of vehicles at intersections and never passing on the right.

A "Dooring" Accident

Happens when a car door opens unexpectedly into a cyclist’s path. Avoid by riding in designated bike lanes and staying alert near parked cars.

A Vehicle Turning Left

Occurs when a left-turning vehicle fails to see a cyclist. Improve visibility with bike lights and bright clothing, and make eye contact with drivers.

Failure to Yield

Occurs when cyclists misjudge oncoming traffic speed. Always exercise caution and double-check before entering intersections.

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.