Urbandale Personal Injury Attorneys

Personal injury cases in Urbandale and across Iowa take many forms. A pedestrian struck by a careless driver, a cyclist injured by a motorist who failed to yield, or an accident victim pressured by an insurance adjuster to settle for far less than their claim is worth, all face the same fundamental challenge: navigating a system that was not designed with their best interests in mind. Walker, Billingsley & Bair has represented injured Iowans since 1997 and understands the complexities that arise in pedestrian accident claims, bicycle injury cases, and dealings with insurance companies throughout the claims process.

This guide combines essential information from three key areas that regularly affect personal injury victims in the Urbandale area: Iowa pedestrian laws and how they impact accident claims, the common types of bicycle accidents and how to protect yourself, and what every injury victim must understand about dealing with insurance adjusters in Iowa.

Iowa Pedestrian Laws and How They Affect Accident Claims

Every year, more than 4,000 pedestrians are killed in traffic accidents across the United States, and tens of thousands more are injured, according to the National Highway Traffic Safety Administration (NHTSA). The NHTSA also reports that 75 percent of pedestrian accidents occur in urban areas, on clear or cloudy days, and at nighttime. For Urbandale residents who walk regularly, understanding Iowa's pedestrian laws is essential both for personal safety and for protecting your legal rights if an accident occurs.

In Iowa, traffic laws specify that pedestrians must obey the rules of the road and traffic control signals. These laws also define who has the right of way at intersections and other locations. A pedestrian has the right of way at intersections where there are no traffic lights and when walking in a crosswalk, whether that crosswalk is marked or unmarked. Motorists are required to yield to pedestrians when entering or leaving a driveway, parking lot, or alley.

That said, pedestrians also carry their own legal responsibilities. When crossing a road at any point other than an intersection where there are no marked or unmarked crosswalks, the pedestrian must yield to motorists and cyclists. Pedestrians must also yield to motorists and cyclists when crossing a roadway where a pedestrian tunnel or overhead crossing is available nearby. Additionally, when walking on or along a road or highway where no sidewalk exists, pedestrians are required to walk on the left side of the road facing oncoming traffic. This rule is a practical safety measure as well: facing traffic allows a pedestrian to react and attempt to move out of the way if a driver swerves.

When Pedestrians Become Accident Victims Through No Fault of Their Own

Despite existing laws designed to protect walkers and cyclists alike, pedestrians are frequently injured in motor accidents caused entirely by motorist negligence. When this happens, the injured pedestrian has the right to pursue compensation for the physical and emotional harm they have suffered.

To successfully pursue a pedestrian accident claim, the injured party must not only prove that the motorist was at fault, but must also demonstrate the damages resulting from the accident and injuries. This can include presenting medical bills, evidence of lost wages, and various documentation, testimony, or other evidence to establish additional types of damages. Gathering and presenting this evidence in a compelling and legally sound way is challenging without the guidance of a personal injury attorney who is familiar with pedestrian accident cases. An experienced attorney can help collect evidence and assist victims in building a case that establishes the motorist's negligence caused the accident.

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

Cyclists on Urbandale streets and throughout Iowa face real and significant risks from motor vehicle traffic. Polk County had the most bicycle-car accidents in Iowa from 2009 through 2014, making the greater Des Moines metro area a particularly important place for cyclists to understand both the risks they face and the legal protections available to them when accidents occur. Understanding the most common types of bicycle accidents is the first step toward preventing them and knowing what to do if you are involved in one.

The Right Hook Accident

A right hook accident occurs when a car making a right-hand turn cuts into the path of a cyclist. These crashes 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 very little warning before the vehicle turns directly in front of them.

To reduce the risk of a right hook accident, cyclists should position themselves slightly in front of vehicles in the right-hand lane when stopped at a red light or stop sign. This places the cyclist in the direct line of sight of the driver. Cyclists should also avoid passing any vehicle on the right side, as it is unlikely the driver will expect a cyclist there if they decide to make a right turn. Always pass on the left.

The Dooring Accident

A dooring accident is one of the most severe types of bicycle crashes and occurs when a cyclist is riding between the lanes of moving traffic and parked cars on the right-hand side of the road. When a motorist or passenger unexpectedly opens the left-side door of their vehicle, the door may either block the cyclist's path or slam directly into them. This type of collision can also cause a cyclist to swerve into oncoming traffic, turning a dangerous situation into a potentially fatal one.

Dooring accidents are difficult to avoid, particularly on narrow streets where the space between moving traffic and parked cars is minimal. When a separate bike lane is available, cyclists should always choose it as the preferred route. Otherwise, cyclists should stay alert for parked cars, slow down when approaching them, and pay careful attention to movement inside any parked vehicle.

Left-Turning Vehicles

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

The best way to reduce the risk of this type of accident is to ensure your bicycle has a light and that you are wearing bright or reflective colors to improve your visibility. Making eye contact with left-turning drivers before proceeding through an intersection is also a practical safety step. Cyclists should also avoid riding on sidewalks, as motorists generally do not check sidewalks for fast-moving cyclists when preparing to make a turn.

Failure to Yield at Intersections

The fourth common type of bicycle accident occurs when a cyclist fails to yield to a vehicle at an intersection. It can be easy to misjudge an oncoming car's speed and distance, especially at higher speeds. Even when cyclists believe they have the right of way, taking a moment to double-check before entering an intersection and confirming that other drivers can see you can prevent a serious collision.

What to Do After a Bicycle Accident in Iowa

If you are involved in a bicycle accident in Iowa, the personal injury attorneys at Walker, Billingsley & Bair can handle all aspects of your case. This includes 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 attempt to navigate the aftermath of a serious bicycle accident on your own, as the insurance company involved will not be working to maximize your recovery.

Dealing with Insurance Adjusters After a Personal Injury in Iowa

Whether your personal injury claim arises from a pedestrian accident, a bicycle crash, or any other incident caused by another party's negligence, one of the most important and often underestimated challenges you will face is dealing with insurance adjusters. Understanding how insurance adjusters operate is essential to protecting the value of your claim.

There are hundreds of insurance companies doing business in Iowa and thousands of insurance adjusters working on their behalf. What they all share in common is significant: they are trained in techniques designed to reduce the value of your claim, convince you to accept a small settlement, and generally maintain the upper hand when you are not represented by an attorney who knows Iowa law. While adjusters may act friendly and concerned, they do not have your best interests in mind. Their job is to pay you as little money as possible in order to maximize insurance company profits, and some may even provide misleading information to achieve that goal.

How Specific Iowa Insurance Companies Operate

Different insurance companies have distinct approaches to handling injury claims in Iowa, and knowing what to expect from the company you are dealing with can help you avoid costly mistakes.

EMC is a Des Moines-based company and one of the largest workers' compensation insurers in Iowa. Their adjusters are generally responsive, but injury victims should never mistake friendliness for fairness. Do not allow an EMC adjuster to convince you that the amount they say they owe is all they actually owe under the law.

Liberty Mutual is one of the top three writers of workers' compensation coverage in Iowa most years. Their adjusters have access to in-house Iowa attorneys who may take an active role in your case. If an attorney is assigned to your claim by Liberty Mutual, retaining your own attorney immediately is strongly advisable. For example, in a workers' compensation case for an injury that occurred after July 1, 2017, if you are persuaded by Liberty Mutual's attorney or adjuster to voluntarily leave your job rather than being formally terminated, you could cost yourself tens of thousands of dollars in potential benefits.

Sedgwick and Gallagher Bassett are not insurance companies but rather third-party administrators (TPAs) who manage claims on behalf of self-insured companies or other insurers. Based on the experience of Walker, Billingsley & Bair, these adjusters are often significantly harder to deal with than those from traditional insurance carriers. Obtaining records from their files, securing return phone calls, and receiving timely responses to correspondence can all be challenging, and the vast majority of cases involving these administrators ultimately require filing suit.

AIG is a very large international insurer based in New York. Their adjusters sometimes take what has been described as a "New York approach" that involves failing to return phone calls, not responding timely to correspondence, and at times appearing indifferent to the serious difficulties their clients are facing physically and financially. Not all AIG adjusters operate this way, but the pattern is consistent enough to warrant caution.

Travelers adjusters are often based out of a large claims center in Overland Park, Kansas. Like Liberty Mutual, Travelers has in-house Iowa attorneys who may take an active or background role in evaluating and managing your case. If you are not represented by an attorney while Travelers has legal counsel working on the other side of your claim, you are at a serious disadvantage and risk making costly and avoidable mistakes.

Zurich is a large international insurance company with more than 53,000 employees and annual revenues exceeding 47 billion dollars. Their subsidiary companies include Farmers Insurance. Claims are often handled by an adjuster located far from Iowa who may not be familiar with the specifics of Iowa law, but who will have been trained to pay as little as possible regardless of what Iowa law actually provides.

Why You Should Not Handle an Insurance Claim on Your Own

The pattern across all of these companies is the same: insurance adjusters are professionally trained to minimize payouts, and unrepresented claimants are at a significant disadvantage from the moment they pick up the phone. Learning what insurers do not want you to know before making any statements or accepting any settlement offer is one of the most important things an injury victim can do to protect the value of their 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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