Des Moines Bicycle Accident Lawyers
Looking for the bike accident lawyer Des Moines IA can rely on to answer their questions? Email or call us at 515-493-4878 for a free consult.
Bike Accident Lawyer Des Moines IA
Injured in a bicycle accident in Iowa? Get help from the bike accident lawyer Des Moines IA trusts.
If you or a loved one has been injured, or worse, in a bike accident in Iowa, contact our personal injury law firm today to learn what your rights are and how to best protect them. We can be reached at 515.493.4878 or via email.
Iowa has hundreds of miles of paved bike trails, unmaintained bike trails, and, of course, there is biking throughout our State’s cities and towns. Sadly, each year, bicyclists are injured or killed due to the negligence of another – frequently a motorist.
Bicycling has become an extremely popular activity across the country and Iowa is no exception. A quick scan of the roads might reveal a family on a leisurely ride, a solo rider on a race bike heading out on fifty mile jaunt, or a group of friends heading out with their mountain bikes to enjoy one of Iowa’s many off-road trails. Iowa even enjoys one of the country’s premier biking events each summer when RAGBRAI works its way across the state.
However, regardless of the type of bike or the terrain on which riders are biking, it is an activity that comes with risk. Fortunately, there are some things that bikers can control to help minimize injury and hospitalization. These controllable factors include following basic safety rules and using proper safety equipment. Unfortunately, these same riders cannot control what “the other guy” does. By “the other guy”, I mean anyone else who is on the road at the same time as the bicyclist.
Although wearing bright colors and having proper reflectors can help catch the eye of a motorist, they won’t typically prevent the other guy from texting, talking on his phone, daydreaming, eating, or any other myriad things that a driver does rather than paying attention to the road.
With the odds stacked against the biker in a car versus bike accident, following even a few of the following safety tips can help reduce injury in case of an accident or need of a bike accident lawyer Des Moines IA relies upon:
* Always wear a properly fitted helmet;
* Ride on the right – ride in the right lane unless you are passing, getting ready to make a left turn, or avoiding debris, potholes, or other hazards;
* Always ride with the flow of traffic;
* Follow traffic signs and use hand signals;
* When possible, make eye contact with motorists;
* Use proper reflectors and lights
Causes of Bike Accidents
Even if bicyclists take all the necessary precautions, they can still get into accidents with other vehicles on the road. Some common causes of bike accidents include:
- Driver fails to check side view mirrors before changing lanes and hits a bicyclist
- Driver doesn’t yield for a bicyclist
- Hazardous road conditions
Because bicyclists have few safety features on their bikes to protect them against crashes, they are more likely to get hurt during accidents. An experienced bike accident lawyer Des Moines IA respects may help an injured bicyclist file a lawsuit and get compensated.
Evidence in a Bike Accident Claim
In order to prove that the other driver was at fault during the accident, an injured bicyclist must provide certain evidence, including:
- Photos of the Accident Scene: If you are able, try to take several photos of the bike accident scene. Take clear photos of the vehicle that hit you, the damage to your bike, and any skid marks on the road.
- Your Bike: Don’t get your bike repaired before your claim is settled. Take your bike to the insurance company as it is, so they may properly inspect the damages.
- Medical Records: After you get treated for your injuries, get copies of the medical records from your doctor. These records should include important information about your injuries, such as how severe they are and if they require future treatments or not.
- Witness Statements: If there were any witnesses present during the bike accident, ask for their names and contact information. They may be able to testify on your behalf in court.
If the evidence you currently have isn’t sufficient, your bike accident lawyer in Des Moines IA may help you obtain more.
How a Bike Accident Lawyer Can Help
If you were involved in a bike accident, it may be in your best interest to hire a bike accident lawyer Des Moines IA relies on. Here are some of the ways an experienced lawyer may help you with your case:
- Higher Settlement: A Des Moines bike accident lawyer may get you a higher settlement for the damages you suffered during the accident. He or she may know the approximate value of your injuries and could fight hard to ensure the insurance company gives your fair compensation.
- Knowledge and Experience: A reputable bike accident lawyer has likely handled similar cases to yours in the past and may know what evidence is needed to win a case. If you don’t have enough evidence, he or she may help you obtain the evidence you need to prove your case.
- Works on a Contingency Basis: A bike accident lawyer Des Moines IA counts on likely works on a contingency fee, so you won’t owe him or her money unless you win your case.
If you are looking for a bike accident lawyer Des Moines IA offers, contact Johnston | Martineau, P.L.L.P.
4 Ways to Pay Medical Bills Following an Accident
If you were involved in a bike accident in which you received some injuries, you might start seeing those medical bills come trickling in soon. How will you pay for them? Yours or the driver who hit you auto insurance is the obvious option, but if your case gets complicated, even goes to court, how will you pay those bills in the meantime? The following are four considerations. For more detailed information on your situation, contact our office to speak with a Des Moines IA bike accident lawyer.
- Personal Injury Protection
PIP is coverage that should be attached to every car insurance policy out there. If you are insured, you probably have PIP. This is a type of coverage that you can use for those first few medical bills until you reach a settlement and have a greater sum of money to use. PIP caps out at a certain amount, often $3,000 or somewhere near that amount, so the medical providers who are first in sending the bills to insurance are the providers who will get paid through this coverage.
- Medicaid or Medicare
Both Medicaid and Medicare are federal programs that offer health insurance coverage to individuals who may otherwise not have any benefits. This includes low-income and disabled individuals. If PIP has been exhausted, and you have a PIP exhaust notice to show your case worker, Medicaid or Medicare may be an option for paying your medical bills. Your bike accident lawyer Des Moines IA can evaluate your situation to see if you qualify for this option.
- Private Health Insurance
Whether you have insurance through your employer or have purchased a policy on your own, private health insurance is intended to pay medical bills, so if you don’t have another option, your insurance provider should step in. Keep in mind, the provider will want compensation if you win a settlement regarding your accident, and that will typically come right out of your settlement. Be sure you inform your health insurance provider that the medical bills they’ll be seeing are the result of a car accident so you don’t end up in legal trouble.
- Out of Pocket
Being injured in a bike accident is hard enough to deal with. You don’t want to get sent to collections on top of it. As hard and difficult as it may seem, you need to get your medical bills paid, even if that means you pay out of pocket. You can pay yourself back as soon as you receive a settlement, so just keep that in mind when you start writing out checks.
Contact a Bike Accident Lawyer in Des Moines IA to Represent You
Having a lawyer on hand to represent you in the case of a car accident is always a good idea. Whether you need guidance in how to pay your medical bills or are wondering how to move forward with a lawsuit, contact Johnston | Martineau, P.L.L.P. to speak with a bike accident lawyer Des Moines IA clients recommend for assistance.
5 Essential Reasons to Hire a Bike Accident Lawyer in Des Moines, IA
Bicycle accidents can be devastating, resulting in severe injuries, medical bills, and emotional distress. If you’ve been involved in a bike accident in Des Moines, Iowa, hiring a competent and experienced bike accident lawyer can make a significant difference in your ability to obtain the compensation you deserve. In this article, we will explore five essential reasons why you should consider hiring a bike accident lawyer in Des Moines, IA.
Expert Knowledge of Bicycle Accident Laws:
A skilled bike accident lawyer like those at Des Moines Injury Law possesses in-depth knowledge of the laws and regulations specific to bicycle accidents. They understand the complexities involved in proving fault, gathering evidence, and negotiating with insurance companies. With their expertise, they can guide you through the legal process, ensuring your rights are protected and maximizing your chances of receiving fair compensation.
Comprehensive Assessment of Damages:
A proficient bike accident lawyer will conduct a thorough investigation to assess the full extent of your damages. They will evaluate your medical records, consult with medical experts if necessary, and consider the impact of the accident on your current and future earning capacity. By taking into account all aspects of your physical, emotional, and financial losses, they can accurately determine the appropriate amount of compensation you should pursue.
Strong Negotiation Skills:
Insurance companies often try to minimize their payouts to accident victims, including those involved in bicycle accidents. Having a dedicated bike accident lawyer can level the playing field. They possess strong negotiation skills and know how to build a compelling case on your behalf. They will handle all communication with the insurance company, advocating for your rights and fighting for the maximum compensation you deserve.
Trial Experience:
While many bike accident cases are resolved through settlements, some may require litigation. If your case goes to trial, it is crucial to have a lawyer with trial experience on your side. A skilled bike accident lawyer will know how to present your case effectively in court, including gathering witnesses, cross-examining experts, and presenting evidence. They will ensure your rights are protected throughout the trial, increasing the likelihood of a favorable outcome.
Peace of Mind:
Dealing with the aftermath of a bike accident can be overwhelming. By hiring a bike accident lawyer, you can focus on your recovery while they handle the legal complexities on your behalf. They will handle all the paperwork, deadlines, and legal procedures, allowing you to have peace of mind during this challenging time. Knowing that an experienced professional is fighting for your rights can provide you with the confidence needed to move forward.
If you have been involved in a bike accident, hiring a Des Moines bike accident lawyer is crucial to protect your rights and ensure fair compensation. They bring specialized knowledge, negotiation skills, and trial experience to your case, increasing your chances of obtaining the compensation you deserve. By hiring a professional to handle the legal aspects, you can focus on your recovery and regain control of your life after a bike accident.
Des Moines Bike Accident Infographic
FAQs About Bike Accident Lawyers
What is a bike accident lawyer?
A Des Moines IA bike accident lawyer is a legal professional who specializes in handling cases related to bicycle accidents. They provide legal representation and advice to individuals who have been injured in a bike accident or the families of those who have lost their lives in such accidents. These lawyers generally have extensive knowledge when it comes to the laws surrounding bicycle accidents, often specializing in this area.
When should I contact a bike accident lawyer?
Following a bicycle accident, you should make contacting a lawyer a top priority on your list. Time is of the essence in such cases, as evidence can deteriorate and witness statements can fade over time. By reaching out to a lawyer promptly, you can ensure that your rights are protected, and they can guide you through the legal process, gather evidence, and handle negotiations with insurance companies or other parties involved.
How can a bike accident lawyer help me prove liability in a bicycle accident case?
A bike accident lawyer can assist you in proving liability in a bicycle accident case by utilizing their legal expertise and resources. Two ways in which they can help prove liability are:
- Investigation: They will conduct a thorough investigation of the accident scene, gathering evidence such as photographs, videos, and witness statements. They may also consult accident reconstruction experts to analyze the factors that contributed to the accident.
- Legal knowledge: Bike accident lawyers have a deep understanding of traffic laws and regulations specific to cyclists. They will assess whether any traffic violations or negligence on the part of the other party played a role in causing the accident.
How do I choose the right bike accident lawyer?
Choosing the right bike accident lawyer is crucial for the success of your case. You’ll want to consider the following factors when picking an attorney?
- Experience: Look for a Des Moines bike accident awyer with a proven track record in handling bike accident cases. Experience in this specific area of law is essential.
- Expertise: Ensure that the lawyer specializes in personal injury law and has specific knowledge and experience with bike accident cases.
- Reputation: Read client reviews and testimonials, and check the lawyer’s reputation within the legal community.
- Communication: Look for a lawyer who communicates effectively and keeps you informed about the progress of your case.
- Fee structure: Discuss the lawyer’s fee structure and make sure you understand how they will be compensated for their services.
What if I can’t afford a bike accident lawyer?
Many bike accident lawyers work on a contingency fee basis, which means they only get paid if they win your case. Their fees are typically a percentage of the settlement or award you receive. This arrangement allows you to access legal representation without upfront costs. Additionally, some lawyers offer free initial consultations, so you can discuss your case and explore your options without any financial commitment. If you’re concerned about affording legal representation, it’s worth reaching out to lawyers to discuss your situation and explore the available options. By reaching out to our Des Moines Injury Law team, we can help pair you with an experienced Des Moines bike accident lawyer.
Bike Accidents & Bike Injury Study
The Journal of the American Medical Association published a study in late 2015 which analyzed bike accidents and injuries between 1998 and 2013. In the study, data was collected from approximately one hundred hospitals across the United States and then analyzed. The study itself used bicyclists and pedestrian interchangeably as, technically, a bicyclists is a pedestrian. Call an experienced bike accident lawyer Des Moines IA cyclists trust to learn more.
The authors of the study found that injuries from bicycle accidents increased 28% during that time-frame and hospitalizations from bike injuries increased 120%. It was also learned that arm and leg injuries, such as broken bones, were the most frequent type of bike related injuries seen in emergency rooms but brain injuries were also quite common and the incidence of head injuries increased from 10% to 16% in that 15 year time frame as well.
As noted above, injuries requiring hospitalization increased 120% overall but the group with the largest individual increase in injury was those over 45 years old who saw an increase of more than 80% while the increase in hospitalization for that group increased 66%. Clearly, biking is no longer simply a “kid thing” but there are plenty of child injuries from bike accidents each year.
The reasons for the overall increase in injury and hospitalization aren’t entirely clear. However, the authors of the study surmised that the increases could be due to more street accidents as well as an increase in sport cycling in which participants typically bike much faster than a common leisurely biker. Bike tours such as RAGBRAI are also a source of bike accidents.
The increase in injury and hospitalization for the older riders (45+) likely shares several commonalities with older motorcyclists who are also experiencing an increase in injury. In short, older riders tend to have slower reflexes which can make it difficult for them to avoid an accident, many of them have not ridden bikes for many years and are out of practice which can lend itself to accidents, and many older riders do not have the muscle mass which their younger counterparts have which means older riders are often more susceptible to serious injuries should they be involved in a crash. Please see our page on motorcycle accidents in Iowa for more detail on older riders and injury,
The table provided below were taken from the aforementioned study by the Journal of the American Medical Association.
Table 2 – Proportion of Bicycle Injuries and Hospital Admissions by Age Group From 1998 to 2013
Bike Accident Lawyer Des Moines, IA
Our bike accident lawyer in Des Moines IA from Des Moines Injury Law has successfully represented many clients who suffered severe injuries in accidents they did not cause. On their behalf we have obtained substantial settlements that made it possible for the victims to afford the medical care they needed. A settlement can also afford the victim time to recover even while they are unable to return to work. If you are unsure about whether or not you have a valid claim against another party, consult a trusted bike accident lawyer in Des Moines IA from our firm today. We offer bike accident victims a free consultation.
Determining the Value of a Bike Accident Case
We are commonly asked questions about the value of a potential client’s case. What our bike accident lawyer in Des Moines IA might tell you is that every case is inherently different. A successful settlement arises under certain circumstances and facts. This might not be the answer you were hoping for, so consider these statistics from state median returns:
- The average bike accident case settlement is between $25,000 and $40,000
- 70% of cases recover less than $100,000
- 10% recover more than $1 million
In general, the more severe the victim’s injuries, the more compensation you might recover. If you choose to not retain a bike accident lawyer, the insurance company might take you less seriously. This could result in a low settlement offer. They might also coerce you into changing your story so they can make accusations of fabrications or trick you into admitting fault. Our bike accident lawyer in Des Moines IA understands from experience how to deal with these companies and can often settle for much more than what you would recover on your own.
Bare in mind that if the negligent party’s insurance policy has a maximum payout, you might not recover more than this amount. However, every case is different and there are circumstances that could allow you to recover more. A bike accident lawyer in Des Moines IA from Des Moines Injury Law can review the specifics of your case and let you know if this rule pertains to your situation.
Compensation for Bike Accidents
Our bike accident lawyer in Des Moines IA from Des Moines Injury Law may be able to recover monetary damages on your behalf for any of the following as they apply:
Medical Expenses: This might include past and future medical expenses including ambulance rides, emergency room visits, hospitalization, surgery, treatment, medication, therapy, long term care, house renovations, special equipment, and more.
Physical Pain and Suffering: These damages cover the victim’s pain and suffering experienced from the time of their injury until they have recovered as much as their physician anticipates they will recover. In some cases, a full recovery may not be expected.
Lost Wages: If you are unable to work, you may recover compensation to cover you for time off.
Property Damages: When your bicycle, gear, or other personal effects have been damaged in a collision, you may include your losses in the claim.
Wrongful Death: If you lost a loved in a cycling accident, immediate family members can pursue damages for their losses.
Up to 25 percent of bike accidents involve a hit and run collision. If you are the victim of a hit and run accident and are unable to locate the driver, we encourage you to consult our bike accident lawyer in Des Moines IA. Rest assured we’ll help you to take the best course of action, and in a timely manner.
Call Now for a Free Case Review
Des Moines Injury Law is committed to educating cyclists about their legal rights after a collision. To learn more, call a bike accident lawyer Des Moines IA community members turn to for help and request a free case review.
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