FAQs about Cycling Accident Personal Injury Claims
Cycling is a fabulous form of transportation. It gets you where you need to go, works out your muscles in the process, and is gentle on the environment. However, biking can be dangerous, especially when sharing the road with quick moving vehicles. If you were injured in a cycling accident that was caused by someone else’s negligence be aware that you may be legally entitled to collect compensation from the person who injured you by filing a personal injury claim. For general information about filing a personal injury claim based on a bike accident in Iowa read through the frequently asked questions that are answered below, and then speak with a local personal injury attorney to ask any case specific questions that you may have.
Q: What elements must be proven in order to win my case?
A: In order to recover compensation for a personal injury claim that is based on negligence the plaintiff (i.e. the injured party who is suing) must be able to prove each of the following elements:
- That the defendant owed them a duty of care,
- That the defendant negligently breached this duty of care,
- That the defendant’s negligence was the proximate cause of their injuries, and
- That they suffered compensable damages.
Q: What should an injured cyclist do after an accident?
A: Directly after an accident occurs your number one priority should be seeking medical attention for anyone who is injured and moving people out of harm’s way if it is possible to safely do so. After this has been accomplished there are several additional measures that you should take in order to preserve evidence related to the accident. If it is safe to do so, consider taking the following steps:
- Report the accident to the police and ask them to file an official report,
- Exchange contact and insurance information with everyone involved in the accident,
- Take photos showing the scene of the accident, as well as any visible injuries, from a variety of different angles,
- Write down the names and phone numbers of anyone who witnessed the accident,
- As soon as you have had a second to calm down and collect yourself, write down everything that you can remember about the accident, and
- Keep copies of all medical records and receipts related to your injuries.
Q: How long do I have to file my personal injury lawsuit?
A: Here in Iowa we have several statutes of limitation that limit the time frame within which a personal injury plaintiff is permitted to file their claim. The statute of limitations that governs most Iowa cycling accident personal injury claims is contained in section 614.1(2) of the Iowa Code and affords plaintiffs two years to file a claim. Claims brought after this statute of limitations has expired will almost always be barred from proceeding, however there are some very limited exceptions.
Contact a Southeast Iowa Personal Injury Attorney Today
If you were injured in a cycling accident that was caused by someone else’s negligence you may want to consider pursuing a personal injury claim in order to recoup compensation for your losses. Here at the Noyes Law Office P.C. our experienced team of personal injury lawyers handles all matters of injury claims across Iowa and would be happy to assist you. To discuss your legal options with one of our lawyers during a free no obligation initial consultation give our Fairfield office a call at (641) 472-3236 or fill out our online contact form.