Bicycle Accident Attorneys in Fort Dodge, Iowa
Getting hit by a car while riding your bicycle can change things fast. Medical bills may start arriving before you have figured out what happened. Your bike may be damaged or destroyed, you might be unable to work, and an insurance adjuster may be asking questions while you are still recovering.
If you or someone you love was injured in a bicycle accident in the Fort Dodge area, Johnson, Mulholland, Cochrane, Cochrane, Yung & Engler, P.L.C., can help you understand your options under Iowa law. Our personal injury attorneys serve injured people throughout North-Central and Northwest Iowa. Our law firm has roots in the community dating to 1950, and our lawyers provide local, personal attention when an accident leaves you unsure about what comes next.
What Could My Bicycle Accident Claim Be Worth?
The value of a bicycle accident claim depends on the circumstances of the crash, the severity of your injuries and the losses you experience. Damages, the legal term for monetary compensation available for legally recognized losses, may include both economic and noneconomic damages.
Economic Damages
Economic damages compensate for measurable financial losses. Depending on your situation, they may include:
- Emergency medical care and hospitalization
- Future medical treatment, physical therapy and rehabilitation
- Lost wages from time missed at work
- Reduced earning capacity if your injuries affect your ability to work long-term
- Property damage, including the cost to repair or replace your bicycle and gear
Noneconomic Damages
Noneconomic damages address qualifying losses that do not have a direct dollar value. They may include physical pain, emotional distress, loss of enjoyment of life, scarring and disfigurement.
No attorney can promise a particular result. The potential value of a claim depends on factors such as the seriousness of the injuries, available evidence, responsibility for the collision and the extent of the resulting losses. Our Fort Dodge lawyers can evaluate those factors and pursue the compensation supported by the circumstances and Iowa law.
How Does Iowa's Fault System Affect a Bicycle Accident Case?
Iowa uses a modified comparative fault system. Comparative fault is a legal rule for allocating responsibility when more than one person’s conduct contributed to an injury. An injured cyclist may still be able to recover compensation unless the cyclist’s percentage of fault is greater than the combined percentage of fault attributed to the applicable other parties. Any recovery is generally reduced according to the cyclist’s assigned percentage of fault.
For example, if a driver ran a stop sign and struck a cyclist, but the cyclist was found 20% at fault based on the circumstances, the cyclist’s recoverable damages would generally be reduced by 20%.
Fault is not automatically assigned to a driver simply because a bicycle was involved. Liability, meaning legal responsibility for the harm caused, must be established through the facts and available evidence. Photographs, witness statements, crash reports and other documentation can all become important when determining how a collision occurred.
What Causes Bicycle Accidents in Fort Dodge?
Cyclists in Fort Dodge share streets and intersections with passenger vehicles, commercial traffic and other road users. Routes such as U.S. 20 and U.S. 169 also bring significant vehicle traffic through the surrounding North-Central Iowa area. Bicycle crashes can happen for many reasons, and determining the cause is an important part of evaluating who may bear responsibility.
Driver-Related Causes
Motorist conduct may contribute to a bicycle collision when a driver fails to use reasonable care. Examples can include:
- Failing to yield at an intersection or while turning
- Distracted driving
- Opening a vehicle door into a cyclist’s path
- Speeding or driving too fast for conditions
- Unsafe passing
- Failing to see a cyclist before turning or entering an intersection
Road and Visibility Hazards
Road conditions can present particular risks for cyclists. Potholes, uneven pavement and debris that may be minor inconveniences for motorists can cause a cyclist to lose control. Rain, fog, snow and low-light conditions can also make cyclists more difficult for motorists to see.
When a dangerous road condition contributes to a bicycle accident, the circumstances may require investigating whether someone other than a motorist bears legal responsibility. Claims involving a government entity can also involve different legal requirements and deadlines, making prompt evaluation especially important.
What Should You Do After a Bicycle Accident?
Your health should come first after a crash. Seek appropriate medical attention, even if you initially believe your injuries are minor. Some conditions may not be immediately apparent, and medical documentation can also help establish the injuries associated with the accident.
Report the collision to the appropriate law enforcement agency when required or appropriate. If you are physically able, take photographs of the scene, your bicycle, involved vehicles and visible injuries. Preserve witness contact information and keep copies of medical bills, receipts and insurance communications.
Be cautious when an insurance company asks for a recorded statement or offers an early settlement. A settlement reached before the extent of an injury is understood may not account for future treatment, lost earning capacity or other long-term losses. Once a claim is settled and released, additional compensation generally cannot be pursued for that same claim.
Social media can create issues as well. Photographs or comments about the crash, your injuries or your activities may be reviewed by insurers or opposing parties. A bicycle accident lawyer can explain how to protect your interests while your claim is pending.
Does Wearing a Helmet Affect My Bicycle Accident Claim?
Iowa does not have a statewide law requiring adult bicyclists to wear helmets. Whether you were wearing a helmet does not by itself determine whether another party was legally responsible for the crash.
The circumstances of every accident are different. If an insurer raises questions about helmet use or attempts to place responsibility on you for your injuries, an attorney can evaluate those arguments under the law and the specific facts of your case.
How Does Iowa Law Apply to Bicyclists?
Iowa law generally gives bicyclists using highways the rights and duties that apply to drivers of vehicles when those rules can reasonably apply to bicycles. Iowa law also prohibits motorists from steering unreasonably close to or toward a bicyclist on a highway.
Those protections do not automatically establish responsibility after every bicycle collision. Our lawyers may need to examine the actions of both the motorist and cyclist, applicable traffic rules and the physical evidence from the scene to determine what happened.
If a motorist caused your bicycle accident, your claim may share many issues with other motor vehicle accident claims, including questions about negligence, insurance coverage, medical expenses and lost income. If a bicycle collision results in a fatal injury, rights may also arise under Iowa wrongful death law.
How Long Do You Have to File a Bicycle Accident Claim?
Iowa generally provides two years to bring an action involving injuries to the person. This deadline is known as a statute of limitations. Exceptions and different deadlines may apply depending on the circumstances, including the identity of the potentially responsible party.
The filing deadline is not the only reason to act promptly. Evidence can become harder to obtain as time passes. Witnesses may become difficult to locate, accident scenes can change, and photographs or video may no longer be available. Starting an investigation early can help preserve information that may be important to your claim.
How Our Fort Dodge Bicycle Accident Lawyers Can Help
Bicycle accident claims can involve disputed fault, serious injuries, insurance questions and multiple potentially responsible parties. Our Fort Dodge attorneys can investigate what happened, gather available evidence, communicate with insurers and explain your legal options in straightforward language.
Our law firm serves injured people from our Fort Dodge law office and throughout North-Central and Northwest Iowa. Our attorneys understand that an injury affects more than a legal claim. It can affect your health, your work and your family. Our lawyers combine the resources needed to handle significant personal injury matters with the personal attention people expect from a local Iowa law firm.
Talk to Our Fort Dodge Bicycle Accident Attorneys
If you were injured in a bicycle accident in Fort Dodge or elsewhere in North-Central or Northwest Iowa, speaking with a lawyer can help you understand your rights and the steps that may make sense for your situation.
Contact our law firm to discuss what happened with one of our Fort Dodge bicycle accident attorneys. Our lawyers can review the circumstances and help you understand your options under Iowa law.