Riding a bicycle in Iowa might be more dangerous than some people think. Even though the state has several traffic regulations in place, they may not protect people from reckless drivers.
Bicycle accident victims have the legal right to file a personal injury claim, ensuring they get justice for what happened. Dealing with the injuries caused by a crash is overwhelming, not to mention the bills that the victim will have to pay out of pocket.
Going through a personal injury case without legal help may cause problems down the road. By hiring a bicycle accident attorney, victims have a much better chance of earning the compensation they deserve for what happened.
Understanding all the details surrounding bike accidents is also a great way for the victim to prepare a solid case. These details include the type of evidence to present, the parties responsible for paying, and more. This article will help people determine who pays for a bike accident in Iowa. Tom Fowler Law can also advise who pays for a motorcycle accident in Iowa.
Is It Possible to Get Compensation After Bicycle Accidents?
Yes, people can file a bicycle accident claim and get the money necessary to cover certain expenses, including medical treatment, lost wages, and more. Besides these examples, people can cover other economic and non-economic losses, such as:
Cost of disability care
Repair costs for damaged property
Pain and suffering
Emotional distress
Loss of companionship
Loss of enjoyment of life
Burial costs
In some cases, the victim may also recover punitive damages. These are awarded to victims if they can prove that the at-fault party acted with willful disregard for other people's safety, especially the plaintiff's. While the victim can get more money from punitive damages, these are meant to punish the defendant.
To get the most amount of money possible, victims should hire a bicycle accident lawyer who can build a great case. These legal experts will file the lawsuit within the state's statute of limitations, ensuring they outline all the relevant details that may help the client's case. They can also assist with who pays for a pedestrian accident in Iowa.
Who Pays for a Bike Accident in Iowa?
What happens if a cyclist gets injured in an accident, but it wasn't their fault? The first person responsible for paying for any catastrophic injuries is the person who hit them.
Usually, the other driver's insurance company will pay for the damages. The insurance coverage may not be enough in cases where serious consequences are involved, such as traumatic brain injuries.
Drivers in Iowa must carry a minimum level of insurance. However, those policies usually don't cover much. Other people don't even have insurance.
What Happens If the Other Driver Is Uninsured?
There are a few other options to consider here. The first one is to sue the other driver for their personal property. One of the drawbacks to this option is that the driver may not have enough assets to cover all damages.
Another option is for the cyclist to go to their own health insurance company. They can use the money to get urgent medical care until they settle their legal claim.
Those with car insurance can also use it to cover some of the damages associated with the accident.
Finally, people with underinsured or uninsured motorist coverage can pay a portion of their medical bills and other expenses.
Ideally, the victim shouldn't have to cover their medical expenses with their own money. However, not all insurance companies will be willing to pay that much, especially when there are severe injuries involved.
In any case, the best thing people can do is hire a legal professional who can handle the negotiation process. This takes a considerable weight off the victim's shoulders.
What Causes Bicycle Accidents in Iowa?
A crucial factor to understand with bicycle accidents is what causes them. Unfortunately, there are many reasons for these events. Here's an overview:
Negligence/Recklessness
Negligent drivers can easily cause an accident because of:
Speeding
Tailgating
Distracted driving
Driving under the influence
Dooring
Dooring happens when a car driver opens their door without looking, hitting an oncoming cyclist. These accidents are common in areas with heavy traffic, limited bike lanes, and more.
Defective Equipment
Sometimes, a person's bike may have defective or outdated equipment. This makes it more likely for them to experience an accident. Some examples of defective equipment include:
Poorly designed handlebars
Defective tires or brakes
On the other hand, a car may also have defective components, which can lead to an accident.
What Are the Most Common Injuries After a Bicycle Accident?
Cyclists are more exposed than people driving motor vehicles. Even if they wear all the protective equipment they can, getting hit by a car could result in serious injuries.
Some of the most common injuries cyclists can experience include:
Road rash, bruises, and lacerations
Broken bones and fractures
Head and brain injuries
Spinal cord injuries
In some unfortunate cases, a crash can result in the cyclist's death. Considering the force a motor vehicle has, it's likely for this scenario to happen if the driver was going too fast.
When a cyclist dies because of another person's negligence, the surviving family members can file a lawsuit to recover damages.
How Can Victims Determine Liability After an Accident?
One of the most important factors to consider when filing a lawsuit is liability. If victims can't prove that another person was liable, they may not recover enough damages to cover their needs.
When someone gets involved in a bicycle accident, they must prove there was negligence involved. Negligence is the failure to take reasonable precautions, resulting in a person getting injured.
Some cases of negligence include:
Breaking traffic laws
Not maintaining a safe distance from the bike
Not paying attention to the road
Not maintaining the vehicle in proper conditions
Driving under the influence of alcohol or drugs
Selling faulty equipment
How can victims prove negligence? That's when a lawyer comes in. There are a few elements that these experts must prove so that their client gets the justice they deserve:
The driver owed a duty of care to the victim and broke it.
Breaching the duty of care resulted in an accident that hurt the victim.
The accident caused the victim to incur financial expenses.
There are many strategies to prove negligence in a bicycle accident. With the right help, victims will have an easier time managing their cases.
About Iowa's Fault-based System
Iowa is known for being a fault-based state. This means that drivers at fault for the accident are liable for paying for the victim's injuries. As mentioned before, drivers must have a minimum degree of insurance coverage, which they can use to pay a portion of these damages.
The minimum amounts of liability coverage include:
$15,000 for property damage
$20,000 for bodily injury to someone
$40,000 for bodily injury to multiple people
These amounts also cover cases involving someone's death.
Filing an insurance claim may not always be a straightforward process. Most victims will have to negotiate with the insurer to get a reasonable amount of coverage. Even if they have evidence of another person's fault, these companies will not have the victim's health in their best interest.
The goal of most insurance companies is to save as much money as possible in claims, so that will cause some issues for those wanting to recover damages. In these cases, the right path to follow would be to file a lawsuit.
What Is Iowa's Statute of Limitations for These Accidents?
People have a specific timeframe to file their legal claims. This period varies depending on the state, and it's called the "statute of limitations."
In Iowa, the statute of limitations for bicycle accidents is two years. The period starts from the date of the accident. People involved in wrongful death cases will also have a two-year period to file their lawsuit.
Missing the deadline can be fatal for victims, as they may get their claims dismissed by the court. In some cases, however, they may apply an exception to get the statute of limitations "extended."
Some cases involve defendants who aren't residents or leave the state. In this scenario, the defendant's absence will not count toward the statute of limitations.
On the other hand, accidents involving minors or people incapacitated by mental illness may get extra time to file their lawsuits. In such cases, they will get one year to file the claim once they either turn 18 or recover from their mental incapacity.
What Should People Do After a Serious Bicycle Accident?
The first thing victims should do is get someplace safe within the accident scene. When everyone is in a safe place, the victim may start gathering evidence for their case, as long as they can move.
Evidence includes photos and videos of the accident and injuries. It's also helpful to talk to witnesses and the other driver to get their contact information.
When there's nothing else to gather, the victim can call a personal injury lawyer to discuss next steps. They will guide the victim throughout the entire process, ensuring they get peace of mind for the rest of the journey.
Bottom Line
Bicycle accidents are devastating, but they're even worse when the victim doesn't have any help when filing their claim.
By talking to a legal professional, these people can fight for their rights and get what they need to achieve a full recovery.
At Tom Fowler Law, there's a team ready to help people in Des Moines, Iowa, who may have been hurt because of another person's negligence. Those interested in learning more about the firm can schedule a free consultation today.
Comments