West Des Moines Bicycle Accident Attorneys

Biking is an activity enjoyed by millions of people across the country. Thankfully, it goes smoothly for most of those people, but occasionally accidents can happen.

If you have been seriously injured in a bike wreck that wasn’t your fault, RSH Legal wants to help you get the justice you deserve. Our team has over 30 years of experience helping bicyclists recover from accidents that weren’t their fault, and we want to fight for fairness for you.

How Long Do I Have to Sue for a Bicycle Accident Injury in West Des Moines?

So, you had a bike crash in West Des Moines. Besides the physical pain, there’s the headache of dealing with all the legal stuff. One pressing question you might have is, “How long do I have to sue for my injuries?” Let’s break it down.

What’s this “Statute of Limitations” Thing?

Think of the statute of limitations as a countdown timer. It’s the window you have to file a lawsuit or settle your claim after getting injured. Once the buzzer sounds, you’re out of luck.

In West Des Moines, Iowa, you have two years from the date of your injury to file a lawsuit or settle your claim.

Any Curveballs I Should Know About?

There are factors that can shake things up. For instance, sometimes you might not even know you’re injured until later. In such cases, the clock might start ticking when you find out. That’s the “discovery rule.” Do not rely on this exception as it is very narrowly construed.

And what if you’re dealing with the government? It may be different. Sometimes you have less time to file a claim. Oh, and if you were under 18 when the collision happened, that can change things too.

Time’s Ticking – Why Rush?

Evidence can get stale. The longer you wait, the harder it gets to find solid evidence. Plus, people’s memories aren’t exactly ironclad. Acting fast helps keep things fresh.

Missed the Deadline? Uh-Oh.

Miss the statute of limitations, and you can be forever barred from bringing a claim.

When in Doubt, Ask an Expert.

The legal world’s a maze. Getting an attorney is like having a trusty GPS. They’ll guide you through the twists and turns and ensure you don’t miss any crucial exits.

Can I Still Sue if the West Des Moines Bike Accident Was Partially My Fault?

So, you’ve had a bike crash in West Des Moines. And maybe, you think you could’ve done something differently. Now you’re wondering, “If I’m partly to blame, can I still sue?” Let’s dive in.

Let’s Talk Negligence

First off, we must tackle the big idea: contributory negligence and comparative fault. They’re like the rulebooks that tell us how being partially at fault affects your case. But here’s the kicker – different states use different rulebooks.

Contributory Negligence vs. Comparative Fault

In some states, if you’re even a tiny bit at fault, you can’t get any compensation. A few states, like Virginia and Maryland, play by these rules.

Now, most states are a bit kinder. They use comparative negligence, which has two flavors: pure and modified. In pure comparative fault states, you can recover damages even if you’re 99% at fault – but they’ll reduce your compensation based on how much you’re to blame. It’s like splitting a pizza based on how much each person chipped in. In Iowa, as long as you’re 50% or less at fault, you can recover. This is a modified comparative fault analysis.

How Do They Figure Out Who’s at Fault?

It’s a mix of evidence, police reports, and sometimes expert opinions. That’s why it’s so important to get an experienced bike accident lawyer who can prove your case.

Being partially at fault might reduce the dollars you can get. The more you’re to blame, the smaller the check. Even if you’re partially at fault, don’t throw in the towel. Depending on where you’re at, you might still have a case.

Your best bet is to contact RSH Legal. Our free, no-obligation case evaluation can give you the peace of mind you seek after a serious bicycle accident.

10 Ways to Wreck Your West Des Moines Bicycle Accident Injury Case

We all know that the path to compensation in West Des Moines can be as bumpy as a gravel road after a bike wreck. Don’t make it even harder by making common mistakes. Here are 10 ways you might accidentally torpedo your own case.

1. Failing to Document the Accident Scene

You know what they say – a picture is worth a thousand words. Not snapping photos or collecting info at the crash site? That’s like showing up to a debate empty-handed.

2. Not Seeking Immediate Medical Attention

Delaying that doctor visit? Not only is it bad for your health, but it also gives the other side ammo to claim your injuries aren’t a big deal or weren’t even caused by the crash.

3. Giving a Recorded Statement to the Other Party’s Insurance Company

Be careful what you say to insurance companies. They’re not your friends here. Giving a statement without your lawyer’s green light might backfire.

4. Using Social Media to Discuss the Accident

Tweeting or posting about your crash can be like handing the other side a gift-wrapped package of evidence against you. Do not post on any of your social media accounts until you’ve settled your case.

5. Ignoring Doctor’s Orders

Ignoring your doctor is not only bad for your health but can make it look like you don’t care about getting better. The other side will pounce on that.

6. Accepting a Quick Settlement

An early settlement offer might seem tempting but don’t bite. The first offers are usually lowballs. Patience can be a virtue (and more lucrative).

7. Not Retaining an Experienced Attorney

Would you fix your own car without knowing how? Probably not. So don’t go into a legal battle without someone who knows the ropes.

8. Overstating Injuries or Exaggerating Claims

Honesty is the best policy. Exaggerating claims is like playing with fire – it can consume your case.

9. Not Keeping a Record of Expenses and Impacts on Daily Life

Document, document, document. Keeping track of expenses and how the crash has affected your life is essential for building your case.

10. Missing Deadlines and Not Understanding Legal Procedures

Legal cases have very strict deadlines. Miss them, and you could lose out on compensation for your injuries.

RSH Legal Handles Bike Accident Cases in West Des Moines & Throughout Iowa

If you’ve been seriously injured in a bike crash that wasn’t your fault, there’s no reason not to call us for FREE. We can tell you if we think you have a case, and if you do pursue a case with us, it won’t cost you anything unless we win. Call us at 319-409-6575.

Tim Semelroth

Board-Certified Trial Attorney

Pressley Henningsen

AV-Rated Trial Attorney