As people become increasingly health conscious, the number of cyclists on the roads of Iowa is on the rise, which means more opportunities for driver vs biker conflicts.
In many cases, such conflicts often result in bicycle accidents that can cause serious injuries to the cyclists.
However, the law is designed to protect the victim of a bicycle accident by giving them a chance to sue for damages suffered as a result of negligence from another party.
They can file a personal injury claim and receive compensation for medical bills, lost wages, property damage, and their pain and suffering.
Such bicycle accident claims can result in huge payouts for the victims, but they are not always easy.
When going against the at-fault driver's insurance company, victims will need a very good bike accident lawyer on their side. Tom Fowler Law located in Des Moines, Iowa is ready to assist by offering a free consultation today. They can also assist with how to file a lawsuit for motorcycle accident in Iowa.
Causes of Bike Accidents in Iowa
One of the main defense strategies the at-fault driver's legal counsel will try to use in a bicycle accident lawsuit is to place the blame for the accident on the cyclist.
As such, a good bike accident lawyer needs to be able to establish the cause of the collision early to clear the victim of any wrongdoing. For more information, a bicycle accident law firm in Des Moines may be able to help.
The following are some of the common causes of bicycle accidents in Iowa:
Distracted driving
Speeding
Failure to yield to cyclists
Hazardous road conditions
Opening doors in front of oncoming riders
Ignoring traffic laws
Poor visibility at night
Drunk driving
Cyclist inattention
Failure to check side view mirrors before switching lanes
Common Injuries Suffered by Bike Accident Victims
Bicycle accidents can result in very serious injuries for the cyclist due to the exposed nature of their riding position.
In collisions between riders and motor vehicles, the cyclist can suffer any of the following injuries:
Traumatic brain injuries (TBIs)
Amputation and disfigurement
Internal organ damage
Broken bones or fractures
Cuts, abrasions, and scrapes
Spinal cord injuries
Bruising and internal bleeding
Back and neck injuries
Important Considerations Before Launching a Bike Accident Claim
As much as bike accident victims would want to seek financial compensation for their injuries and other damages, it is important to carefully consider the following before rushing to file a personal injury lawsuit or wrongful death claim:
How to file a lawsuit for bicycle accident in Iowa
Strength of the case (weight of evidence against the at-fault driver)
Statute of limitations for bicycle crash claims
Experience of the bicycle accident lawyers
Expectations in terms of financial compensation
The Bike Accident Lawsuit Process - Six Key Steps
In Iowa, several things can complicate a bicycle accident case. However, most cases usually require the following important steps:
1. Assessing Bicycle Accident Injuries and Damages
The severe injuries often suffered by the victims of bike accidents are not only life-threatening but also result in very high medical bills.
It is important to assess all the injuries and damages the victim has suffered so that they can have a good idea of the compensation to expect. A good bike accident attorney will often cover this during the initial free case evaluation.
2. Gathering Evidence
Usually, the outcome of most bicycle accident cases depends on the strength of the evidence against the defendant.
As such, the victim needs to gather as much evidence as possible to give their personal injury attorney all the tools they need to win, which can include the following:
Pictures of the accident scene
Video footage from traffic cameras
Witness statements
Police and doctors' reports
Receipts of medical bills paid by the victim
3. Hiring a Good Bicycle Accident Lawyer
An experienced lawyer is the key to winning any bike accident lawsuit in Des Moines, Iowa. The victims need to research the law firm carefully before settling on a bike accident lawyer.
A good attorney will often have the following attributes:
Good track record of winning bike accident cases
In-depth knowledge of Iowa bike accident laws
Exceptional attorney-client relationship
Free initial consultation
Compassion for the victims
Readiness to fight for the rights of their clients
4. Filing the Bicycle Accident Claim
The bicycle accident claim needs to be filed correctly and before the statute of limitations expires.
An experienced bike accident lawyer will be able to assist victims in drafting their claims and understand how Iowa laws work.
5. Discovery, Mediation, and Settlement Negotiations
The discovery phase is very important because it allows both parties to attend depositions and respond to document requests. Once everyone is on the same page, mediation and settlement negotiations can be considered.
With a good bicycle accident lawyer on their side, victims can walk away with the compensation they deserve without having to suffer through a lengthy trial.
6. Trial, Verdict, and Appeals
If the mediation and settlement negotiations collapse, the victim and their legal counsel will have no choice but to go to trial and seek compensation through Iowa courts.
In such cases, proper pre-trial preparations will need to be made, such as gathering evidence and preparing witnesses.
A bike accident lawyer will then select a jury and present the case on behalf of the victim. When the trial is complete, the judge or jury will give their verdict and either party will have a chance to appeal the ruling.
Possible Compensation in Bike Accident Cases
According to Iowa laws, victims of bike accidents deserve compensation for their injuries and all other damages they have suffered.
The amount of money they can be awarded usually depends on several factors, such as the severity of the injuries, the strength of the evidence, and the experience of the bicycle accident lawyer. They can also consult on how to file a lawsuit for pedestrian accident in Iowa.
Tom Fowler Law Is Ready to Help Victims in Des Moines, Iowa
Bicycle accident victims are often left to endure a lot of pain and suffering while dealing with the high cost of medical treatment.
The at-fault driver of the motor vehicle often escapes without a scratch. Tom Fowler Law is here to ensure that bike accident victims get the justice and compensation they deserve.
Victims can set up a free consultation with one of the top-rated law firms in Des Moines today.
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