Common Mistakes After a Bike Accident

Some of the worst accidents that a person can be in are bicycle accidents. When a bike/car accident occurs, there can be very serious injuries, expensive medical bills, and long-term effects.  

Following a bike accident, medical expenses are usually high, property damage may occur, and many victims in an accident experience pain and suffering. Fortunately, following a bike/car accident, filing a lawsuit is possible, but there is a pitfall that many injured cyclists experience -- they make mistakes in the aftermath of the accident. 

These mistakes are common, but they can hurt any legal case that a cyclist might take against the driver of the vehicle for compensation. The team at Tom Fowler Law has been working with injured cyclists for many years and will explain what these mistakes are and how to avoid them. They also have insight on common mistakes after a dog attack.

Not Calling the Police After a Bike Accident - Always Report the Accident

One of the most common mistakes people make following a bike - car accident is not reporting the accident to the police. A police report is a very important piece of evidence for legal proceedings and determining fault. 

Iowa's Modified Comparative Negligence Law

Iowa follows a Modified Comparative Negligence rule with a 51% bar.

This means:

If the cyclist is partly at fault for an accident, their compensation is reduced by the percentage of fault. If the cyclist is 51% or more at fault, they cannot recover any damages at all.

Example: If a jury awards $100,000 in damages but finds the cyclist 20% at fault, their award is reduced to $80,000. If they were found 55% at fault, they would receive nothing. It’s designed to ensure that only those less responsible than the other party can recover damages.

Not Getting Medical Attention Right Away  - Put Medical Care, First

Another common mistake that people make following a biking accident with a motor vehicle is not getting medical attention. Even if a person only has scrapes and bruises, it's still important to see a doctor and get checked out. Many injuries may not appear immediately, and it's important in the legal process to have records of everything, including injuries. A person's medical record is a vital piece of evidence in these cases.

Failing to Collect Evidence at the Scene - Support the Personal Injury Claim

People also often fail to collect important evidence from the accident scene. This includes getting witness statements, taking photos and videos of the scene, noting road conditions, and getting the driver's contact information. 

Admitting Fault or Apologizing - Never Speak Without Legal Help

It's also very common for people to naturally apologize following an accident, but this could cause issues over time. These are statements that could cause an insurance company lawyer to put more fault on the bicyclist than necessary. If that lawyer can prove the cyclist apologized for not looking or for cutting a car off, this small nuance could totally change the direction of the case. Legal claims are already complex, and adding an admission of guilt also adds to that complexity. 

Not Documenting Injuries Over Time - Protect Your Rights

Injuries will heal over time, and because of this, it's important to document the healing process. This does two things - first, if this is done from the start, it shows that the injuries can be connected to the accident. Next, it also shows how well the injuries are healing...or not healing...which could be very important in the settlement process. It can also help to prove the cycle rider was too injured to return to work, which makes it easier to sue for lost wages. 

Talking to Insurance Companies Without Legal Advice - Don't Accept Any Settlement Offer

An insurance adjuster will look at the case to try to determine fault, and the driver's car insurance company will often come to the injured party to offer an early settlement. Keep in mind, however, that these early offers are usually not fair compensation. This is why anyone involved with an accident should never speak to the driver's insurance company, or any insurer, until they have spoken to an experienced bike accident lawyer. Insurance claims are part of the process, but never try to work through them without legal representation. This can also be helpful with common mistakes after a drunk driving accident.

Ignoring Follow-Up Care - Always Keep Medical Appointments

When an injured person sees a doctor following an accident, the doctor might suggest that the victim get follow-up care with a specialist, with a physical therapist, or even a mental health professional, as these accidents can be mentally traumatic. Failing to do this could cause the driver's insurance company to claim the injuries were not as severe as they are claiming. This, of course, can affect the final settlement and delay the case. 

Posting About the Accident on Social Media - Protect Your Case

It is also a common error to post about the accident on social media. This can be detrimental to a case, and it can be used against a victim in the case. The lawyers for the driver's insurance company will be looking for things like this as they go through case preparation and will try to prove that the bicyclist was either partially or fully at fault. For help protecting your case, it may be beneficial to seek advice from these personal injury attorneys in Des Moines.

Not Contacting a Bicycle Accident Lawyer Quickly - Reach Out ASAP

Finally, it is imperative that victims of this type of accident seek out the advice of a legal professional. Oversights like this can definitely affect the outcome of any lawsuit. The immediate aftermath of an accident is always confusing, but this is a step that should never be overlooked. 

Protect Legal Rights - Hire Tom Fowler Law

Tom Fowler Law is a Des Moines-based personal injury firm that can work with any bicyclist who has been involved in an accident with a motorist. If there has been a fatality, the firm can work with the family of the victim to get justice. The firm offers a free consultation and understands traffic laws in Iowa. Call today for more information.