Our Iowa bicycle accident lawyers protect cyclists’ rights
At GRL Law, many of our attorneys and staff members are avid cyclists and runners. We consistently advocate for bicycle safety and appreciate that cyclists and pedestrians have every bit as much of a right to use their legally designated areas of the roads and walkways as do motorists. However, when drivers do not respect theses rights, lose attention to their surroundings, or simply make errors of judgment, cyclists and pedestrians lose.
Iowans are an active bunch. Whether its RAGBRAI (Register’s Annual Great Bicycle Ride Across Iowa) which is the largest and longest bicycle touring even in the world, the newly formed Iowa’s Ride, Dam to Des Moines, Des Moines’ historic annual road race or, or the newer Ironman 70.3 Des Moines, Iowans are out and about on Iowa’s roadways and paths. Unfortunately, with an active population comes increased risk of car accidents and can accidents do not always involve two cars or trucks. Every year, many Iowans are killed and many more injured in car accidents that involve a bicyclist or pedestrian. In fact, in the United States, pedestrians have been shown to be 1.5 times more likely to be killed in a motor vehicle accident than the passenger of a vehicle.
Not only are bicyclists, joggers, and other pedestrians at greater risk of being in an accident, when they occur, a cyclist, runner or walker is much more likely to be severely injured or killed. Also, sometimes it is not completely clear who was at fault or if the driver did something wrong. For these reasons among many others, it is very important to have an expert legal team investigating the circumstances of such an accident and preparing the insurance claim or lawsuit if necessary. One small mistake or misunderstanding in the investigation or claim process could compromise the value of a claim or the entire claim completely.
Bicycle Accidents in Iowa
Bicycle travel is allowed on all trails and most streets and highways across the State of Iowa. There are however, some exceptions which include highways and select four-lane highways and designated city streets. In 2013 there were four bicycle-motor vehicle fatalities while in 2012, the Iowa Department of Transportation reported 441 bicycle-motor vehicle crashes involving bicyclists with 3 fatalities and 438 injuries.
A bicycle traveling on a trail or road has just as much right to the road as other vehicular traffic. A person riding a bike on the road in Iowa is subject to all of the rights and responsibilities of the driver of a motor vehicle. This means so long as a bicyclist is complying with the “rules of the road,” other traffic must respect the right of the bicyclist to use the road and must modify their driving behavior accordingly. Vehicles must yield where appropriate and may only pass a bicyclist when it would be safe to do so, providing sufficient space to pass safely. It is also just as important to note that failure of a bicyclist to abide by the rules of the road may also serve to limit the bicyclist’s recovery in the event of a collision with a car or truck based upon the legal requirements of comparative fault.
Bicycle vs. motor vehicle accidents often times result in significant and serious injuries to the bicyclists. GRL Law has partners, associates and staff members that are avid cyclists and GRL law is passionate about ensuring that cyclists remain safe on Iowa roads. Remember, always wear a helmet and never hesitate to contact us if we can be of assistance.
Can a Cyclist be at Fault in Iowa?
A cyclist can be found partially or fully at fault for an accident in Iowa. Just like drivers, cyclists are required to follow the rules of the road, including obeying traffic signals, riding in the correct direction, and signaling turns. If a cyclist fails to follow these rules and contributes to an accident, their ability to recover compensation may be reduced under Iowa’s comparative fault laws.
Under this system, your compensation can be reduced by your percentage of fault, and if you’re found to be more than 50% at fault, you may be barred from recovering damages altogether. That’s why it’s critical to work with an attorney who understands how to investigate and present the facts clearly, especially in situations where liability isn’t black and white.
Does auto insurance cover bicycle accidents?
Whether or not auto insurance covers bicycle accidents depends on the situation and depends on how the accident occurs. So, for example, if you are riding your bicycle, you’re riding it legally, and a car, let’s say, pulls in front of you or makes a turn in front of you when they are required to yield to you, or alternatively, maybe somebody’s texting and they swerve over and they hit the bicyclist. Certainly, the auto insurance carrier is going to be responsible for that type of accident. And it’s going to be not only just the driver, but the owner of the vehicle as well. If those are two different people, it could be two different policies. Anytime a vehicle is involved in an accident, it doesn’t really matter who is injured or where they’re injured. If they’re in a car, if they’re on a bicycle, if they’re on a skateboard, if they’re a pedestrian, that insurance policy’s going to be responsible for that coverage in that situation.
Now, on the other hand, if you’re riding a bicycle and you make a mistake and maybe you fail to yield at an intersection and you hit a pedestrian, in that situation, typically you’re auto insurance is not available to cover losses from the person that you injured, because there wasn’t an automobile involved in the accident. Now, that doesn’t mean that there’s no coverage available. Oftentimes, homeowners’ policies or even renters’ policies will cover those types of incidents.
Bicycle vs. motor vehicle accidents often times result in significant and serious injuries to the bicyclists. GRL Law has partners, associates and staff members that are avid cyclists and GRL law is passionate about ensuring that cyclists remain safe on Iowa roads. Remember, always wear a helmet and never hesitate to contact us if we can be of assistance.
Pedestrian Accidents in Iowa
When a car hits a person, the resulting injuries are often catastrophic. Regardless of the severity of the injuries, however, should a driver be at fault for striking a person crossing the street or otherwise near a roadway, that individual is entitled to compensation for their resulting injuries. While pedestrians can take precautions that vastly reduce the possibility of being involved in a pedestrian accident, with more vehicles on the road every day, pedestrian accidents are becoming a more frequent and serious issue. In fact, the National Highway traffic Safety Association reports that more than 78,000 pedestrians are injured in pedestrian accidents each year with nearly 5,000 resulting deaths.
Other than the increased likelihood of severe injury or death, pedestrian accident claims are very similar to other car accident claims. Should the negligence of another driver or any other individual be responsible, or even partly responsible in some instances, for injuries sustained by a pedestrian, that individual is entitled to recovery for the damages that they have incurred. Negligence from a legal perspective occurs when an individual fails to conform to the standard of reasonable conduct that we expect from a similarly situated person and such action or inaction results in an injury or other damage to another. Those that can have potential liability for an accident include:
- Drivers Of A Vehicle That Strikes A Pedestrian
- Owners Of A Vehicle That Strikes A Pedestrian
- The Owner Or Driver Of Another Vehicle Causing A Collision
- An Automobile Manufacturer
- A Municipality Or Other Party Who Is Responsible For Maintenance Or Repair Of The Roadway Or Area Where The Accident Occurs
- Other Pedestrians
Only an experienced accident attorney will have the expertise necessary to determine all parties that are potentially at fault.
Injuries that befall a pedestrian are often severe. Some of the more frequent that occur as the result of a pedestrian accident include:
- Wrongful Death
- Head And Brain Injuries
- Spinal Cord, Neck And Back Injuries
- Fractured Bones
- Loss Of Limbs
- Paralysis
Given the severity of injuries often resulting from a pedestrian- automobile collision, the resulting damages are often correspondingly high. Accordingly, it is very important to speak with an experienced pedestrian accident attorney as soon after an accident as possible. Getting an effective injury attorney involved early will insure that the accident is properly investigated, evidence is preserved and the injuries and damages are fully explored.
