Who Is at Fault in a Bicycle Accident? | Iowa Attorney Explains!

Bicycle accidents are among the most devastating types of road crashes, often leaving cyclists with severe injuries or, in the worst cases, resulting in wrongful death. Survivors frequently face ongoing pain, emotional trauma, and a considerable decline in their quality of life. Depending on the specific circumstances surrounding the case, Iowa law may provide the right to seek financial compensation for these losses.

Establishing liability is a critical first step in pursuing a bicycle accident claim. While there is a common misconception that bicyclists are typically at fault, that is not always true. Even when a cyclist is partially responsible, Iowa's comparative fault laws may still allow for financial recovery. However, navigating the legal process can be complex and challenging, especially when facing insurance companies that are quick to undervalue a claim.

At Tom Fowler Law, you'll find the trusted legal support you need to move forward. Our experienced bicycle accident attorneys understand how often the system is biased against cyclists, and we're here to level the playing field. From the moment you reach out, we'll stand by your side, protect your rights, and fight the insurance company on your behalf for the compensation you deserve.

You don't have to go through this alone. Contact Tom Fowler Law today to schedule a consultation and learn more about your legal options after a bicycle accident. We're ready to help you take the next step toward justice and healing! We can also consult on who is at fault in a pedestrian accident Iowa.

Common Injuries Sustained in a Bicycle Accident

Unlike cars, bicycles don't offer much protection to the rider. Even a minor crash can result in debilitating injuries for the bicyclist. While a helmet and protective clothing may cushion some of the impact, it's often not enough to protect cyclists from serious harm.

Some of the most common injuries sustained in a bicycle accident include the following:

• Traumatic brain injuries

• Spinal cord injuries

• Broken bones and fractures

• Head and neck injuries

• Internal bleeding

Common Causes of Bicycle Accidents in Iowa

More often than not, bicycle accidents happen due to the negligence of other drivers or road users. Distracted driving, speeding, failure to yield, tailgating, and drunk driving are some of the most common causes of such traumatic incidents in Iowa.

That said, some bicycle accidents may occur due to defective components. A faulty brake pad or steering wheel could increase the risk of a collision with oncoming cyclists.

Who Is at Fault in a Bicycle Accident?

Iowa personal injury laws provide a legal remedy to injured bicyclists in the form of monetary compensation by pursuing a claim against the negligent party's insurance company or filing a lawsuit. However, before the affected cyclist can do that, they must establish liability.

There are several parties that could be liable for a bicycle accident in Iowa, some of which include the following:

Negligent Driver

The law requires all drivers to be cautious and vigilant while driving on roads, motorways, or highways. Many bicycle accidents happen because the drivers fail to check their blind spots before turning, resulting in a catastrophic crash. When that happens, they may be liable for the injuries caused to the cyclist.

There are other situations where a driver may be responsible for a bicycle accident, and these include the following:

• Driving over the speed limit

• Drinking before driving

• Dooring in an urban area with heavy traffic

• Talking on the phone or eating behind the wheel

• Texting and driving

• Failing to maintain a safe distance

• Reckless driving behavior

Manufacturer

Sometimes, a manufacturer may be directly responsible for causing a bicycle accident.

Product manufacturers are legally obligated to uphold the highest safety and quality standards when designing, assembling, and selling their products. If a company fails to meet these standards, whether through oversight, poor design, or inadequate inspection, it can result in defective components, which may contribute to a serious crash.

The same applies to a bicycle manufacturer. If the company fails to properly install all of the components in a bike, the equipment could be faulty. Any accidents due to this could lead to liability for which the manufacturer may be responsible.

Repair Shop

Bicycle technicians have the responsibility to ensure that they carry out their job to the best of their abilities while adhering to all of the state and federal guidelines. If they conduct a shoddy repair or fail to inspect for faulty components during routine maintenance, it could increase the risk of bicycle accidents for which they may be liable.

This could also happen with a car. A negligent auto mechanic may overlook serious faults in a motor vehicle, which could later result in a bicycle accident. In such situations, injured victims may be able to hold the repair shop and the technician liable for the damages.

Government Employee or Entity

A bike accident could occur due to the negligence of a government employee or agency. Lack of warning signs near a construction site, faulty traffic signals, inadequate lighting, and poorly maintained roads are all hazards that could put a bicyclist at risk of injuries.

When a government agency is negligent in carrying out its duties, it could be held liable in case of a bike accident.

The Bicyclist

A bicyclist could also be liable for their own injuries. They may fail to adhere to traffic laws or may not have the right equipment to ride at night, increasing the risk of bike accidents. When a bicycle hits a car, the injured cyclist may be responsible for the damages caused.

What to Do After a Bicycle Accident in Iowa

From broken bones to traumatic brain injuries, spinal cord injuries, and internal bleeding, bicycle accidents can lead to catastrophic consequences for the cyclist. The actions an injured victim takes immediately following the incident can have a huge impact on the outcome of their personal injury case.

Here are some important steps that injured bicyclists should follow after a bike crash to increase their chances of making a financial recovery:

1. Move to a safer location to prevent further road accidents from happening.

2. Call emergency services to seek medical attention immediately and contact 911 to request police at the accident scene.

3. If the rider can move, they should speak to the other party involved and exchange insurance and contact information. They should also note the other driver's license plate number.

4. Look around for any witnesses and request their contact information for further correspondence.

5. Wait for the police to come down and request an accident report.

6. Head over to a hospital for a complete medical evaluation and begin treatment.

7. Reach out to an experienced attorney to initiate the legal process.

   
   

Can an Injured Bicyclist Recover Compensation If They're Partially Liable for a Bike Accident in Iowa?

While it may seem like all hope is lost for an injured bicyclist, they may still have a chance at making a financial recovery.

Under the Iowa modified comparative negligence rule, affected parties could file an insurance claim or pursue a lawsuit to seek damages following an accident, even if they're partially liable for their injuries. However, their degree of fault can significantly affect the amount of money they are able to recover.

It's important to remember that the modified comparative negligence rule only kicks in when the bicyclist is 50% or less liable for their injuries. If their fault is 51% or more, they may not have the right to pursue a personal injury claim or lawsuit.

Here's an example to show how Iowa's modified comparative negligence rule may work in favor of the at-fault injured bicyclist:

Shawn, a cyclist, is crossing an intersection and has the right of way. While doing so, Fred, a driver, runs a red light on the other side of the road and hits the oncoming bicyclist. The bike accident caused serious injuries, resulting in $100,000 in damages.

Burdened by the medical expenses, lost wages, and other losses, Shawn decides to file a personal injury lawsuit against Fred's insurance company. During court proceedings, the judge found the injured bicyclist 20% liable for their injuries, as they were speeding.

In the abovementioned example, Shawn can still recover compensation even though he's partially responsible for the bicycle accident. However, instead of the $100,000 damages, the plaintiff can only recover $80,000, as they were 20% liable for their injuries.

An injured cyclist must work with a skilled bicycle accident lawyer, as they may be able to investigate the incident, gather evidence to reduce the cyclist's fault, and fight the negligent party's insurance company to ensure maximum compensation.

Should Injured Bicyclists Work with Legal Professionals After the Accident?

An experienced attorney can help an injured bicyclist in many ways, some of which include the following:

• Establishing liability: A skilled lawyer can evaluate the circumstances surrounding the case to determine who is at fault and build a strong foundation for the claim.

• Calculating damages: A reputable law firm has the expertise to calculate economic and non-economic damages, ensuring that the victim receives maximum compensation for their injuries.

• Gathering key evidence to prove negligence: An experienced attorney can contact the police officer on duty to obtain an accident report, access medical records to demonstrate the impact of the crash on the cyclist, and even hire medical experts for witness testimony to strengthen the case.

• Navigating the legal process: A knowledgeable attorney is well-versed in the legal procedures and rules, ensuring that the case proceeds smoothly and in compliance with all necessary guidelines.

• Handling insurance companies: After filing a claim or lawsuit, a personal injury attorney can protect the injured party's rights by dealing directly with insurance companies and their often unfair tactics throughout the whole process.

• Negotiating fair settlements: A skilled attorney can negotiate a fair settlement on behalf of the injured victim. If disagreements arise, a car accident lawyer can threaten to take the case to court to push for a better outcome.

Hurt in an Iowa Bicycle Accident? Contact Tom Fowler Law Firm for Compassionate Legal Representation!

From pain and suffering to property damage, medical expenses, lost wages, and more, bicycle accidents can completely turn your life around. While legal action may not normalize things to how they were before the traumatic incident, it can provide closure and financial compensation to cover the bills, out-of-pocket expenses, and other losses.

Tom Fowler Law and our reputable personal injury attorneys have recovered millions of dollars in damages for injured victims across Iowa. Whether it's taking on negligent individuals, major corporations, or government agencies, we have the skills and knowledge to ensure we leave no stone unturned when fighting for your rights.

Call us to schedule a free consultation with a reputable personal injury lawyer to discuss your bicycle accident case and ensure swift justice and compensation!