Sac City Personal Injury Attorneys

When an accident in Sac City leaves you injured, you are often left dealing with two problems at once: recovering physically and figuring out who is responsible for what happened to you. Whether your injury came from a car that turned into a bicyclist or from any other kind of negligence, proving fault and dealing with the insurance company can be far more complicated than most people expect.

Understanding a Right Turn Bicycle Accident in Sac City

When a car turning right strikes a bicyclist, it is often referred to as a "right hook" accident. This commonly happens when a cyclist is riding on the right shoulder of the road or in the bike lane alongside a car. In these types of accidents, it is usually the driver's fault, but to prove that the driver was liable for injuries, proper evidence of their negligence must be presented. For Sac City residents who bike along local roads and shoulders, understanding how these collisions happen is the first step toward protecting your rights if you are ever involved in one.

How Right Turn Bicycle Accidents Happen

The most common ways right turn bicycle accidents occur include the following scenarios.

• When a bicyclist and a car approach an intersection and the car turns right, the driver often fails to see the bicyclist until it is too late.
• When a bicyclist goes to overtake a slower moving car and passes on the right, unintentionally putting himself or herself in harm's way when the car turns right.
• When a bike and a car are waiting at a light, and when the signal allows traffic to move, the car turns right, cutting off or hitting the cyclist.

Any Sac City cyclist riding near intersections, driveways, or bike lanes could face one of these situations.

Proving Liability After a Right Turn Bicycle Accident

To prove that the driver was primarily at fault for causing a right turn accident, and not the cyclist, several types of evidence become necessary. A police report will detail the accident scene and the events as described by the officer responding to the call. It will also include notes of any citations issued to either the driver or the cyclist involved.

Eyewitness accounts are perhaps the best type of evidence, as they can reveal what the bike and the car were doing prior to the collision. A driver can be proven negligent, and therefore liable, if he or she was doing one or more of the following.

• Speeding
• Failing to use a turn signal
• Abruptly changing lanes

Likewise, if witnesses say the bicyclist was acting in one or more of the following negligent manners, this may be used as a defense in a bike accident claim by the driver.

• Swerving between lanes
• Riding too close to vehicles
• Ignoring a traffic control device

It is also worth checking whether anyone caught video or pictures of the accident scene. Many intersections have traffic cameras that could have captured the incident, and some nearby businesses in Sac City could have surveillance cameras that recorded the crash as well.

Avoiding Right Turn Bicycle Accidents in Sac City

When riding near a vehicle, try to keep a safe distance behind so you can anticipate when the vehicle is turning or changing lanes. As you approach an intersection, check for nearby vehicles before proceeding.

Avoid passing a car on the right unless it is necessary to do so. When moving past a car, make sure there is enough empty area to the right of your lane in the event you have to swerve out of the way of a right turning car.

Why the Insurance Company Is Not Always on Your Side

Insurance companies are in business to make a profit, and they would rather collect premiums than pay claims. The insurance adjustor may be nice to you, but remember that the insurance adjustor is not on your side and is under no obligation to help you. An adjustor is not even required under the law to tell you the truth.

If you are a Sac City resident dealing with an insurance adjustor directly, instead of hiring an attorney, here are several things you should consider.

Always Tell the Truth

The insurance adjustor's biggest job is to pay you as little money as possible and get your case closed. They will not simply take you at your word, and they will want documentation for your lost wages, medical care, and importantly any prior medical care you have received. If you forget about prior medical treatment or are not truthful with the insurance adjustor, they will likely figure it out and reduce their offer accordingly.

Recorded Statements to the Other Insurance Company

You are generally not required to provide a recorded statement to the insurance company for the other party involved in your accident. If they insist on taking a statement from you, you may want to agree to provide a statement, but that it not be recorded. It is common in workers' compensation cases that the adjustor will want to hear from you during their investigation. You do have a duty to assist in the investigation of your claim, or it could be denied for lack of cooperation or information.

Recorded Statements to Your Own Insurance Company

If you end up making a claim against your own insurance company, for example in a car accident case where the other driver does not have enough insurance or has none at all, you may be required by your policy to give a recorded statement. Keep in mind that a recorded statement carries the same weight as a deposition given under oath. If you are asked a question and do not understand it, speak up so you do not answer incorrectly.

Be especially careful with questions like whether you have ever had back pain before. This does not mean whether you have back pain at the time of the injury, but rather at any point in your entire lifetime. If you answer no and it turns out you have been seeing a chiropractor on and off for years, your credibility, and most likely your case, will be damaged.

Do Not Try to Hide Prior Accidents or Injuries

Insurance companies have databases full of claims that everyone in the United States has previously made, including property and personal injury damages. If you are not truthful about prior insurance company claims, this will not only raise a red flag in your file, but it may also hurt your case if you fail to disclose it when asked during a recorded statement.

Be Matter of Fact

Insurance adjusters handle hundreds of files every year and do not have time for small talk. They generally do not want to hear your opinions concerning most things, and volunteering that kind of information may hurt your case. For example, if you have had problems at home that do not relate to your injury claim, it is not a good idea to bring those problems up. Insurance adjusters are trained to look for things that could reduce the value of your case, and if you are having issues with your spouse or children, they will try to blame part of your problems on that instead of your injuries.

Stick to the facts of your case, provide the information requested, and stop there. It is also a bad idea to get angry at an insurance adjuster. If you get angry and make threats, chances are they will reduce the value of your case because they will know you are easy to rile up, which could hurt you in front of a judge or jury. Try to remain calm, cool, and collected. If you find yourself getting upset during a call or in person, tell the adjustor you need a few minutes, or that you will call back later.

Know Your Statute of Limitations

You should know how long you still have to bring a claim. Under Iowa law, it is generally two years from the date you were injured, but there are exceptions. For example, if you were hit by a drunk driver, you only have 180 days to provide notice to the bar. If you were hurt at work and received weekly benefits, your statute may be longer than two years. If you are not familiar with the Iowa laws that apply to your situation, you should at the very least contact a qualified attorney to ask.

Think Carefully Before Settling on Your Own

If you are attempting to settle a case on your own, you need to understand that you are likely giving up all rights to future compensation and medical care in exchange for a sum of money today. You also need to make sure that you understand all the terms and that they are put in writing. For instance, if you were in a car crash, you need to know who is going to pay for your medical bills and which specific bills are covered. If your health insurance has already paid some or all of your medical bills, someone needs to determine who pays your health insurer back. This is called subrogation, and failing to address it in a settlement can result in you being required to repay your health insurance out of your own pocket.

Know When to Try to Settle

It is a bad idea to wait until the last minute to try to settle your case with the insurance company. Waiting does not put pressure on the insurance company, it puts more pressure on you. Waiting can create several problems that cost you thousands of dollars, and sometimes your entire case. Most qualified Iowa injury attorneys want at least 120 days before the statute expires so they have time to investigate the case, identify all the proper parties, and prepare the necessary documents. If you try to negotiate at the very end and are unsuccessful, you may have a very difficult time finding an attorney willing to take your case with only a few weeks left before your statute expires.

Can You Trust the Insurance Company in a Sac City Injury Case?

In Iowa alone, there are more than 100 insurance companies that sell insurance. The policies these companies issue range from personal injury to workers' compensation. Although people generally buy insurance to protect themselves against future loss, paying a premium does not mean the company is going to look out for you. Some people assume that if they are injured, their own insurance company will go after the other person on their behalf, but that is simply not true. While your insurance company will try to recover what it has paid for property damage, it is highly unlikely to pursue a claim for your personal injuries.

If you are dealing with another insurance company, such as the company for a driver who injured you or the workers' compensation carrier for your employer, keep the following in mind.

• The insurance company is not representing you or your best interests.
• They are not required to tell you the truth.
• The insurance company is in the business of making the most profit possible, which means paying you as little as possible.
• The insurance adjuster may be nice to you, but they are not looking out for your best interests.
• Insurance companies are in the business of selling insurance and do not like paying claims.

Tips for Dealing With Insurance Companies

Tell the truth. Anything you say can and may be used against you by the insurance company and their lawyers. Even a small lie can ruin your credibility, so the best approach is to always tell the truth.

Be careful when dealing with the insurance adjuster. Watch what you say, because it could later be used against you. Insurance companies have professionals working for them, so you should consider having a professional on your side. If you decide to hire an injury attorney, your attorney will deal with the insurance company on your behalf.

Keep documentation. Document your damages by keeping a diary or journal of how you are feeling. This can help prove the extent of your damages and may lead to a higher evaluation of your claim. Keep doctors' excuses for missed work, track the time you miss for appointments, and review and retain any medical bills or explanation of benefits forms you receive from your health insurance company.

Be thorough at your medical appointments. The medical records generated when you visit your doctor, physical therapist, or other medical providers are very important. They include your description of how you were injured, your physical complaints, the doctor's examination findings, and the treatment you received. Tell your medical providers everything that hurts. If you fail to do so, not only will it go untreated, but no one will have a record of it. If you begin complaining about a problem weeks or months after the accident, the insurance company will likely claim it is unrelated and reduce its settlement offer.

Regularly attend medical appointments. Failing to see a physician regularly is considered evidence that you have fully recovered, both to the insurance company and potentially to a judge or jury. You should not go to the doctor every day, but you do need to keep your appointments and tell your providers if you are still having problems. If your doctor says to follow up as needed, that means you should return in a few weeks if problems persist. Skipping that follow up can be read as evidence that you have made a full recovery.

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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