Living in Council Bluffs, Iowa, and riding a bike can be a pleasant and peaceful experience. However, it also comes with risks. Accidents, such as collisions with other cyclists or vehicles, can occur. If you find yourself in a bicycle accident, know that you’re not alone.
At Berry Law, we understand the popularity of biking in Iowa and the dangers that come with it. This is why our relentless bicycle accident lawyers in Council Bluffs are here to assist you. Our main goal is to help warriors like you understand your legal rights, build a case, and achieve goals like obtaining compensation for medical costs and other damages such as lost wages.
Council Bluffs Bike Accidents: A Closer Look
Our Council Bluffs personal injury attorneys have an understanding of common causes and consequences of bike accidents, which can be relevant to your bike accident claim.
Understanding the Risks and Causes
- Infrastructure: Lack of dedicated lanes, poor road conditions, unclear intersections, and heavy traffic can make navigating by bike challenging.
- Driver Behavior: Inattentiveness, speeding, failing to yield, and driving under the influence can significantly increase crash risks.
- Cyclist Behavior: Riding without lights at night, ignoring traffic signals, not wearing helmets, and riding under the influence can contribute to accidents.
- Environmental Factors: Poor weather conditions like rain, snow, or low visibility can impact visibility and control for both drivers and cyclists.
Consequences:
- Physical Injuries: Cyclists are more vulnerable and can suffer severe injuries ranging from bruises to broken bones, head injuries, and internal trauma.
- Emotional Trauma: The shock and fear of accidents can lead to lasting emotional distress, including anxiety and PTSD.
- Financial Costs: Medical bills, lost wages, and bike repairs can create significant financial burdens for injured cyclists and their families.
- Reduced Cycling: Fear of accidents can deter people from cycling, limiting their transportation options and impacting their health and well-being.
What Compensation Can You Get for a Council Bluffs Bicycle Accident?
Generally, you have a chance to file a claim for compensation if another person caused your accident through an act of negligence. Drivers behave negligently if they act recklessly or carelessly.
A personal injury claim could help you recover from the financial and emotional burden of your accident. This isn’t just about recouping costs; it’s about justice and getting back on your feet.
Medical Expenses:
Bike accidents can result in a range of injuries, from cuts and bruises to broken bones and internal trauma. Getting medical attention is key, not only for your health but also to document the connection between your injury and the accident. You may be eligible for compensation for:
- Emergency room costs
- Diagnostic tests and procedures
- Hospitalization
- Doctor’s appointments
- Surgery
- Medications
- Physical therapy and rehabilitation
Loss of Income:
A severe injury might force you to miss work, leaving you facing financial hardship. Your claim could cover the following:
- Lost wages for missed workdays
- Reduced earning capacity if your injury affects your future job prospects.
Pain and Suffering:
Beyond physical injuries, bicycle accidents can leave lasting emotional and mental scars. You may be entitled to compensation for the following:
- Physical pain and discomfort
- Emotional distress, including anxiety, depression, and PTSD
- Reduced quality of life due to ongoing pain or limitations
Other Potential Damages:
Depending on the specifics of your accident, you could also get compensation for the following:
- Property damage: Repairs or replacement of your damaged bicycle
- Transportation costs: Expenses incurred for medical appointments due to the accident
- Childcare expenses: Costs for childcare if your injury prevents you from caring for your children
What Happens If You’re Partially at Fault for a Bike Accident in Council Bluffs?
Car drivers often cause bicycle accidents; however, there are cases where bicyclists contribute to an accident. Here’s what happens when multiple parties share fault for a wreck:
Determining Fault:
Even if a car driver caused the accident, your actions could be reviewed to decide if they contributed to the collision. This assessment may include factors such as the following:
- Whether you violated any traffic laws, such as running a red light or riding on the wrong side of the road.
- Were you wearing reflective gear at night?
- Whether your bike was in good working condition with functioning brakes and lights.
- Whether you were distracted or under the influence of any substances.
Comparative Negligence Laws:
Iowa follows modified comparative negligence rules. This means that you can still recover damages even if you’re partially at fault, but your compensation will be reduced by your percentage of fault.
Here’s an example:
- If you’re found to be 20% responsible for the accident and awarded $10,000 in damages, your compensation would be reduced by 20%, resulting in a payout of $8,000 (80% of the original $10,000).
Key point: Your compensation is directly reduced by your percentage of fault, not its inverse.
Berry Law’s Team Provides You With Multiple Attorney Perspectives
Building Your Claim: What You Need to Know
A bicycle accident lawyer can play a big role in building a strong claim that protects your compensation. They can do the following:
- Look into the accident to gather evidence, witness statements, and traffic camera footage to prove the driver’s negligence and minimize your role in the accident.
- Negotiate with your insurance provider to ensure you receive compensation based on your percentage of fault.
- Represent you in court if necessary to file a lawsuit and present your case.
Even if you were partially at fault, you still deserve compensation for your injuries and damages. Just remember not to admit fault at the scene of the accident or discuss the accident with anyone except your lawyer.
Additional Points to Consider:
- The severity of your injuries and property damage also plays a role in determining the amount of compensation you may be eligible to receive.
- Seeking medical attention as soon as possible is important for documentation and may strengthen your claim.
- Filing a police report to document the accident is also a good idea.
Can You File a Bicycle Accident Claim for the Loss of a Loved One?
In 2021, there were 966 bicyclists killed in motor-vehicle traffic crashes, which is a 1.9% increase from 2020. These deaths made up 2% of all motor vehicle traffic fatalities. Additionally, there were 375,797 bicycle-related injuries treated in emergency departments in 2021. It’s important to note that this includes both preventable and intentional injuries.
If you’ve experienced the loss of a family member in a bike accident, a lawyer can assist your family. At Berry Law, we want to help you with obtaining financial assistance for funeral expenses or medical costs.
How to File a Bicycle Accident Wrongful Death Claim
Filing your wrongful death claim involves several elements. Here’s a breakdown:
- Identifying the Parties:
Defendant(s): This refers to the individual(s) or entity(ies) you believe are responsible for your loved one’s death. This could be the driver involved in the accident or a government agency responsible for road maintenance.
Plaintiff(s): This is whoever is filing the claim on behalf of the deceased’s estate. The eligible plaintiff(s) are typically close family members like spouses, children, or parents.
- Choosing the Court:
You’ll likely file your claim in the district court where the accident occurred or where the defendant resides.
- Filing the Complaint:
This legal document formally initiates the lawsuit and outlines your claims against the defendant(s). It details the accident, the cause of death, the damages you have suffered, and the compensation you’re seeking. Your attorney will draft and file the complaint.
- Serving the Complaint:
The complaint must be served on the defendant(s) to notify them of the lawsuit. This is typically done by a process server authorized by the court.
- Discovery Phase:
Once the claim is filed, both parties enter the discovery phase. This involves gathering evidence by exchanging documents, taking depositions (sworn statements), and potentially interviewing witnesses. Your attorney will handle this process on your behalf.
- Pre-Trial Motions and Negotiations:
Before trial, either party may file motions with the court, such as asking the judge to dismiss certain claims or exclude certain evidence. Additionally, both sides may engage in settlement negotiations to try to resolve the case out of court.
- Trial:
If the case doesn’t settle, it will proceed to trial. Your attorney will represent you in court, present evidence, and argue your case before a judge or jury.
- Verdict and Appeal:
After the trial, the judge or jury will issue a verdict, determining whether the defendant is liable and, if so, the amount of compensation to which you are entitled. Either party can appeal the verdict to a higher court.
Remember, this is a simplified overview, and the specific details of filing a wrongful death claim can vary depending on the circumstances of your case.
Get Back on Track: How Our Bicycle Accident Lawyers Can Help You
Being hurt in a bike accident can feel like you’ve hit a major detour on life’s journey. Medical bills pile up, your routine wobbles, and legal options seem like a confusing maze. But it doesn’t have to be a solo ride. At Berry Law, our skilled team of bicycle accident lawyers are your guides, helping you get back on track.
From the moment we meet, we listen intently to your story. No detail is too small when it comes to building your case. We’ll thoroughly investigate the accident, gathering evidence through witness interviews, police reports, etc. Our goal? To hold the responsible party accountable and win you the compensation you deserve.
We don’t believe in one-size-fits-all solutions. Every case is unique, and we’ll tailor a personalized strategy to achieve the best possible outcome for you, whether it’s through negotiation, mediation, or even going the distance to trial. Our passion is advocating for cyclists, and our commitment is unwavering. Don’t settle for less than what you deserve. Let us champion your recovery and get you back on the road – in every sense of the word.
How Long Do You Have to File a Bicycle Accident Claim?
Iowa has a statute of limitations for personal injury claims in the case of a bike accident. Generally, there is a two-year timeframe to bring forward a personal injury claim. Failure to do so within this period may result in the loss of your opportunity to seek compensation for any losses. However, you may find exceptions to the statute of limitations in some cases. For example, a minor hurt in a bike accident may have longer to seek damages.
Call a Bike Accident Lawyer Today for Help
John S. Berry , Bicycle Accident Lawyer in Council Bluffs
A bicycle accident lawyer from Berry Law can step in to help with all aspects of your claim. We’re ready to discuss your situation and help gather proof to bring you funds to cover your losses.
If you or someone you know were injured in a bicycle accident in Council Bluffs, get in touch with us by calling us at (712) 217-2177 or completing our online contact form.
