Bicycle Accidents

How The Bicycle Accident Lawyers At RSH Legal Can Help You Get A Fair Settlement For Your Injuries After A Bike Crash

Imagine you are riding your bicycle along the scenic routes of Iowa, enjoying a beautiful day, when suddenly a motor vehicle swerves and hits you, causing serious injuries. Such an accident can leave an injured victim wondering about their legal rights and how to cover their mounting medical bills.

Steps To Take After An Iowa Bicycle Accident

 Immediate Actions At The Scene

1. Seek Medical Attention: Your health and safety are the top priorities. Even if injuries seem minor, get checked by a medical professional. If an ambulance is available, use it.
2. Document the Scene: If you are able, take photos of the accident scene, your bicycle, and any visible injuries. Collect contact information from witnesses. If you are unable, ask someone to do so on your behalf.
3. Report to the Police: Ensure a police report is filed, which will be crucial evidence for your case.
4. Avoid Admitting Fault: Do not discuss fault with the other party or on any social media.
5. Keep your bike, clothing, and gear, as they may be useful evidence.

 Post-Accident Steps

1. Follow Medical Advice: Attend all follow-up appointments and therapies as prescribed. Medical records will help prove to the insurance company that your injuries were serious.
2. Consult an Attorney: Contact an experienced bike accident attorney in Iowa to discuss your case and potential financial compensation.
3. Notify Your Insurance Company: Inform your insurance company about the accident, but be cautious with the details you provide.  You, of course, should be honest, but you may eventually have a claim against your insurance, and they will protect their interests. 
4. Do not post on social media until you have talked to your lawyer.

 How Our Bicycle Accident Attorneys Can Help

1. Case Evaluation: We provide a free consultation for injured bicyclists to evaluate the merits of their case.  We know the laws.  We have handled dozens of bicycle cases and understand the nuances of such claims. 
2. Gathering Evidence: Our team will collect and analyze all necessary evidence, including medical records, police reports, and witness statements.
3. Negotiating with Insurance Companies: We handle all communications and negotiations with your insurance company and the at-fault motor vehicle driver’s insurance company to secure a fair settlement.
4. Filing a Lawsuit: If necessary, we will file a lawsuit and represent you in court to ensure you receive the compensation you deserve.

Types Of Compensation Available For Your Bike Accident Claim

There are two types of damages you may be able to receive after a bike crash in Iowa – economic and non-economic damages.

Economic Damages

1. Medical Expenses: Coverage for past and future medical bills, including surgeries, medications, and rehabilitation.
2. Lost Wages: Compensation for the income you lost while recovering from your injuries.
3. Loss of Earning Capacity: If your injuries affect your ability to work in the future, you may be entitled to compensation for reduced earning capacity.

Non-Economic Damages

1. Pain and Suffering: Compensation for physical pain and emotional distress caused by the accident.
2. Loss of Function: If your injuries result in a long-term or permanent loss of bodily function, you may be entitled to additional compensation.

Common Questions About Iowa Bicycle Accident Claims

1. How is fault determined in an Iowa bicycle accident?

The fault is determined based on evidence such as police reports, witness statements, and available video footage. Iowa follows a comparative fault rule, meaning fault is assigned respectively based on the actions of each party involved.  Iowa is a modified comparative fault state.  So long as all other parties bear more fault than you, you are entitled to recover.  If you are more to blame than all the others involved, you are not entitled to recover. This is not, however, an easy question to assess without a skilled Iowa bicycle crash lawyer.

2. What is the process for filing a lawsuit after a bicycle accident?

The process involves gathering evidence, filing a complaint, serving the defendant, going through pre-trial motions and discovery, and potentially reaching a settlement or going to trial.

3. Are there any time limits for filing a claim?

Yes, there are time limits known as statutes of limitations. In Iowa, the injured party generally has two years from the date of the accident to file a personal injury lawsuit.

4. What are common injuries sustained in bicycle accidents that are recoverable through a legal claim?

Common bicycle injuries include broken bones, internal injuries, head injuries (including concussions), spinal cord injuries, skin injuries, and soft tissue injuries.  Unfortunately, catastrophic injuries like paralysis and wrongful death occur and require specialized workup by our experienced team.

5. How is the compensation amount calculated?

Compensation is calculated based on medical expenses, lost income, the severity of injuries, and the impact on quality of life. It’s different for every case and requires a skilled personal injury attorney to help you assess your situation.  They can bring their real-world experience to your case assessment.

6. What should I know about dealing with insurance companies?

Insurance companies may attempt to minimize payouts, so it’s essential to document everything and consult a lawyer before talking to them. Avoid making recorded statements or signing documents without legal advice. You can simply tell them you are healing, going to speak to a lawyer, and will talk to them later.

How Long After An Iowa Bicycle Accident Do I Have To See A Doctor?

After a bicycle accident, your primary concern should be your health and safety. Even if you feel fine, some injuries might not show symptoms immediately. Seeking medical attention within 24 to 48 hours can help detect and treat hidden injuries early.

Seeing a doctor promptly establishes a medical record that links your injuries directly to the cycling accident. This documentation is critical when filing a personal injury claim for compensation. Delaying medical care can weaken your case by allowing insurance companies to argue that your injuries are not severe or unrelated to the accident.

Common Questions About Medical Attention After A Bicycle Accident

1. How Soon Should I See a Doctor After a Bicycle Accident in Iowa?

   – Ideally, an injured bike rider should see a doctor within 24 to 48 hours to get immediate medical treatment to ensure all injuries are documented and treated promptly.

2. Why is Immediate Medical Attention Crucial After a Bicycle Accident?

   – Immediate attention helps identify hidden injuries and creates an official medical record, which is essential for legal claims. It also means you can begin treating any injuries right away.

3. What Are the Legal Implications of Delaying Medical Care?

   – Delaying care can weaken your legal case, as insurance companies may argue your injuries are not severe or related to the accident.

4. How Can I Properly Document My Injuries?

   – Take photographs of visible injuries, keep detailed notes about any symptoms, and maintain all medical records and receipts.

5. What Should I Tell My Doctor After a Bicycle Accident?

   – Provide a detailed account of the accident and describe all symptoms, even if they seem minor. Keep your doctor updated if anything changes about your symptoms, especially if they seem to get worse.  You should not discuss lawyers, lawsuits, or anything about your insurance or legal claim.

6. What Types of Medical Records Are Important for My Case?

   – Initial examination reports, treatment plans, follow-up visit notes, diagnostic test results, x-rays and other scans, and medical bills are crucial.   Our firm will request all of these.

7. How Does Medical Attention Impact My Compensation Claim?

   – Comprehensive medical records support your claim for damages, including medical expenses, pain and suffering, and lost wages.

8. What Are Common Hidden Injuries After a Bicycle Accident?

   – Concussions or other types of traumatic brain injury (TBI), internal bleeding, and soft tissue injuries are common hidden injuries that may not show immediate symptoms.  This is why it is important not to ignore any symptoms no matter how small they might seem at first.

9. What Should I Do if I Experience Delayed Symptoms?

   – Seek medical attention immediately and document the new symptoms, informing your doctor about the accident and previous treatments.

10. How Can Follow-Up Medical Care Affect My Legal Case?

    – Consistent treatment demonstrates the seriousness of your injuries and the impact on your life, supporting your legal case.

11. What Evidence Should I Collect from Medical Providers?

    –  You do not need to collect anything beyond the name and location of your treatment providers.  We will collect medical records, treatment plans, diagnostic test results, doctor’s notes, and bills.

12. How Long Do I Have to File a Claim After My Accident?

    – In Iowa, the statute of limitations for filing a bicycle accident claim is generally two years from the date of the accident. That doesn’t mean you should wait to speak with an attorney, however. The sooner you contact a lawyer after a serious bike crash, the better.  It does you no good to wait.

13. How Can a Lawyer Help with Medical Documentation?

    – A lawyer can gather and organize medical records, ensure all necessary documentation is obtained, and work with medical professionals to support your legal claim.

Can You Settle An Iowa Bicycle Claim Without An Attorney?

Yes, you can settle a minor bicycle accident claim without an attorney, but it requires thorough documentation, understanding of the insurance process, and effective negotiation skills. Without legal representation, you must handle all aspects of the claim independently. When you’re trying to heal from your injury at the same time, this can feel overwhelming.   You should never ever try to settle any legal claim without at least talking to a lawyer first, and if you have a significant claim, you need a lawyer to get fair compensation.

Factors Determining Settlement Amounts

Severity Of Injuries

The severity of an injured bicyclist significantly impacts the settlement amount. More severe injuries usually result in higher medical costs and longer recovery times, leading to higher settlements.  This, however, is a complex assessment and requires lawyers who have significant experience with serious bicycle accident claims.

Medical Treatment Costs

All medical expenses, including emergency room visits, surgeries, hospital stays, medications, and rehabilitation, are considered when calculating settlements. Future medical costs also play a crucial role.

Lost Wages and Earning Capacity

If your injuries prevent you from working, you can claim lost wages. If your ability to work is permanently affected, you may also be compensated for loss of future earning capacity.

Pain and Suffering

Pain and suffering encompass the physical pain, emotional distress, and the overall impact on your quality of life following an accident. Examples include chronic pain, mental anguish, and loss of enjoyment of life.  It may consist of emotional distress caused by your injuries or limitations.

Several factors influence the compensation amount, including injury severity, recovery duration, impact on daily life, and whether the injuries result in permanent disability. Emotional distress, such as anxiety, depression, and PTSD, can be included in pain and suffering claims. Proper documentation and evidence are essential.

Future pain and suffering can be claimed if injuries have long-term effects, covering ongoing physical pain and emotional distress.

Keep detailed records of injuries, treatments, pain levels, and your emotional state. Gather medical records, bills, and photographs. Avoid delaying medical treatment, failing to document injuries, making inconsistent statements, settling too quickly, and not consulting with a lawyer.

Bicycle Accident Victims: Get Expert Legal Advice After A Bike Accident – For Free

When you’ve been involved in a bicycle accident in Iowa, seeking assistance from an experienced legal team is crucial to ensure you receive the compensation you deserve.

What To Bring To Your Initial Meeting

Gather all relevant documents before your meeting. Having these documents organized and ready will help your lawyer understand the specifics of your case.

Key Information To Communicate

Be prepared to provide a detailed account of the accident. Include the date, time, location, and weather conditions at the time of the accident. Describe what happened before, during, and after the accident, and note any immediate actions you took, such as seeking medical attention or talking to witnesses.

Important Questions To Ask Your Bicycle Accident Lawyer

Asking certain important questions can help you determine if a lawyer is the right fit for your case.

Assessing The Lawyer’s Experience and Expertise

Ask about the lawyer’s experience with bicycle accident cases, their success rate, and whether they have handled cases similar to yours. Inquire about their approach to handling such cases and any specific strategies they might employ.  Make sure the firm has taken cases to verdict.

Most cases have been settled, but insurance companies respect firms that have secured large verdicts. 

Understanding The Legal Process

Request an explanation of the legal process, from filing a claim to potential court proceedings. Ask about the timeline for your case, possible challenges, and how they will keep you informed throughout the process.

FAQs About Talking To An Iowa Bicycle Accident Lawyer

Q: What should I do if I’m not comfortable with the advice or communication style of a lawyer?

A: If you’re not comfortable, it’s perfectly fine to speak with a different lawyer. It’s important to work with someone you trust and feel comfortable with throughout your case.

Q: How does a lawyer’s experience impact their ability to handle my bike accident case?

A: An experienced lawyer brings knowledge of personal injury law, familiarity with similar cases, and expertise in negotiation and litigation. They are better equipped to anticipate challenges and develop effective strategies for your case.

Q: How can a lawyer help clarify the legal process and next steps after our discussion?

A: A lawyer can explain each step of the legal process, from filing a claim to potential court proceedings. They can outline timelines, document requirements, and what to expect during negotiations or litigation. They will also provide guidance on next steps and legal strategies.

Q: What follow-up actions should I consider if the lawyer offers a settlement or case evaluation?

A: Review the details carefully and discuss any concerns with the lawyer. Ensure you understand the terms and implications of the settlement. If you’re unsure, consider seeking a second opinion before making a decision.

How Much Does An Iowa Bicycle Accident Lawyer Charge?

Navigating the aftermath of a bicycle accident can be overwhelming, especially when it comes to understanding legal fees. Here’s what you need to know:

Contingency Fees Explained

Most Iowa bicycle accident lawyers work on a contingency fee basis. This means you only pay legal fees if your lawyer successfully recovers compensation for you. The fee is typically a percentage of the settlement or verdict amount, often ranging from 33.3% to 40%. This means if they don’t get a settlement or verdict for you, you don’t owe them a penny.

Additional Costs and Expenses

In addition to contingency fees, there will be some other costs associated with your case. These can include filing fees, costs for obtaining medical records, fees for expert witnesses, and administrative expenses. Most lawyers will advance these costs, often with a low rate of interest, and deduct them from the final settlement or verdict. It’s important to discuss these potential expenses upfront to avoid any surprises later.

At RSH Legal, you pay nothing unless we get you something.  If your case does not work out, you owe us nothing, not even reimbursement for expenses.

Common Misconceptions About Bicycle Accident Claims

Misconception 1: Bicycles Always Have the Right of Way

While cyclists have the same rights as motorists, they must obey all traffic signals and signs. Determining the right of way depends on specific circumstances and traffic control devices.  We have cases that involve traffic citations and others that do not.   What matters is “Was someone negligent?”

Misconception 2: Not Calling an Ambulance Means No Compensation

It’s crucial to seek medical attention even if you don’t feel injured immediately. Medical records are vital for proving injury and receiving the maximum compensation.  But if you cannot make it for a day or two, you may still have a claim.

Misconception 3: Not Wearing a Helmet Bars Compensation

Iowa does not mandate helmet use. Not wearing one does not automatically disqualify you from compensation, but it may have an impact on the settlement amount.  It may also affect how a jury “feels” about your case.  We recommend wearing helmets, but we do not turn down cases just because our client was not wearing one.

Tim Semelroth

Board-Certified Trial Attorney

Pressley Henningsen

AV-Rated Trial Attorney