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Accidents and injuries can abruptly alter lives. During these difficult times, personal injury lawyers are key allies. These professionals focus on advocating for those harmed by negligence, ensuring they receive the compensation they deserve. This article explores the vital role personal injury lawyers play in helping individuals navigate their claims and rebuild their lives.
Riding a bicycle, especially without a helmet, poses a serious risk of head injury in the event of an accident with a motor vehicle. If you or a loved one has sustained a head injury from such an accident, the claims process can be daunting. Here’s a comprehensive guide to help you navigate the process, understand potential damages, and take the necessary steps to file a claim in Iowa.
Determining Liability for Injuries
The first step in the claims process is identifying who is responsible for the accident. In Iowa, the party at fault for the injury is liable for the damages. Typically, this means the motor vehicle driver involved in the accident is responsible, and their insurance will cover the damages.
Proving Liability
The at-fault driver may attempt to deny responsibility by claiming you, the cyclist, contributed to the accident. To substantiate your claim and prove liability, gather the following evidence:
- Police Reports: These often provide an unbiased account of the accident.
- Physical Evidence: This can include broken bicycle parts and damage to your bike.
- Witness Testimony: Statements from witnesses can corroborate your version of events.
Additionally, you must prove that your head injury directly resulted from the accident and was not caused by any other incident.
Understanding Comparative Negligence in Iowa
Iowa follows the modified comparative fault rule, meaning you can only recover damages if your fault is 50% or less. If you are found to be 51% or more at fault, you cannot recover damages. Even if you are partially at fault, your compensation will be reduced by your degree of fault. For example, if you were riding without the mandatory rear bicycle lights at night, your compensation might be reduced if it’s determined that this contributed to the accident.
Determining the Amount of Compensation
The insurance adjuster handling your claim will determine the settlement amount based on various factors, including:
- The extent of your injuries
- The amount of your medical bills
- Whether you have lost time from work or lost your ability to work
- The need to replace your bicycle
If you were partially at fault, your compensation will be adjusted accordingly.
When a Settlement Amount Isn’t Enough
If the offered settlement is insufficient, you have the right to negotiate for a higher amount. If negotiations fail, you may need to file a claim against the at-fault driver in civil court. In Iowa, you have two years from the date of the accident to file a personal injury lawsuit, as per Iowa Code section 614.1. Given that head injuries can result in substantial medical costs, a civil suit might be necessary to recover full compensation.
Steps to Take After a Bike Accident
1. Seek Medical Attention and Save Records: Immediately after the accident, get medical care and keep all related documents.
2. Review Your Insurance Policy: Understand what your policy covers and the limits of your coverage.
3. File Your Claim Promptly: Notify your insurance company and file your claim as soon as possible to avoid missing deadlines.
4. Contact an Attorney: Legal expertise can significantly increase your chances of a favorable outcome. An attorney can help you navigate the claims process, gather necessary evidence, and represent you in negotiations or court.
Understanding Comparative Negligence in Car Accident Claims
When pursuing compensation after a car accident in Iowa, establishing negligence is crucial. Iowa follows the modified comparative fault rule, allowing you to file a claim as long as you are 50% or less at fault. If you are found to be 51% or more at fault, you cannot recover damages. Even if you are partially at fault, your compensation will be reduced according to your degree of fault.
Iowa Pedestrian Law and Accident Claims
Pedestrians in Iowa must follow specific traffic laws to ensure their safety. These laws dictate who has the right of way and where pedestrians can walk. If a pedestrian is injured in a road accident due to a motorist's negligence, they can file for damages. To pursue compensation, the pedestrian must prove the motorist's fault and demonstrate the damages associated with the injury. This can include medical bills, lost wages, and other relevant documentation.
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.