Once you’ve seen a doctor after an Iowa bicycle accident, your next question is likely, “Who is responsible for my injuries?” Ultimately, it depends on how the crash happened and who caused it. A Des Moines bicycle accident lawyer can investigate and identify who owes you compensation for your injuries, lost income, medical bills, and other losses.
How Liability Works in Iowa Bicycle Accident Claims
When a party is found liable for an accident, it means that person, business, or other entity is legally responsible for the collision and must compensate whoever they hurt. Lawyers, courts, and insurance companies look at whose negligence caused the accident to determine who’s liable. In other words, they identify whether someone failed to take reasonable steps to avoid harming someone. For example, if a driver was speeding or looking at their phone when the crash happened, their actions might qualify as negligence.
Who Might Be Liable for an Iowa Bicycle Accident?
The negligent parties who could be liable for a bicycle accident in Iowa include:
- Motorists – A driver might be liable for negligent behaviors like speeding, looking at their phone, failing to yield at an intersection, running a red light, or turning without checking for cyclists.
- Bicycle Manufacturers – If the bike had a defective part that caused or worsened the accident, such as faulty brakes or a weak frame, the manufacturer could be fully or partly responsible.
- Vehicle or Automotive Parts Manufacturers – Careless drivers often cause bicycle accidents, but an automaker or parts manufacturer could be wholly or partly liable if a defective component caused or exacerbated the accident. For example, faulty brakes or tires can cause drivers to lose control and injure cyclists.
- Government Entities – The city or county government might be liable for dangerous road conditions that contributed to the crash, such as potholes, poor lighting, missing signage, or unmarked bike lanes.
- Property Owners – Someone who allows a hazard to spill into the road – like overgrown bushes or debris from a driveway – might be liable if it forces a cyclist into harm’s way.
How Do You Prove Who’s Liable for a Bike Crash?
You need evidence to prove who caused a bicycle accident if you want to recover compensation from them. Some evidence your bicycle accident attorney might collect to support your case includes:
- Police Reports – Official crash reports often include the officer’s observations from the scene, witness statements, and sometimes a preliminary opinion about who caused the collision.
- Eyewitness Testimony – Statements from people who saw the accident can help clarify what happened and support your version of events. For example, an eyewitness may have seen the driver running a red light or looking at their phone.
- Traffic or Security Camera Footage – Video footage may have captured the crash itself or the moments leading up to it, providing a neutral perspective on what happened that might support your claim.
- Photos from the Scene – Pictures of skid marks, road hazards, damaged bikes or vehicles, and injuries can help show how the accident happened. For instance, a lack of skid marks might indicate that the driver didn’t apply the brakes because they were distracted.
- Vehicle or Bike Damage Reports – Damage to the bike or car can indicate the point of impact and how the collision occurred.
Deadline to File a Bicycle Accident Lawsuit
In most circumstances, you must file a bicycle accident lawsuit within two years of the accident. However, you want to speak to an attorney long before that, as collecting evidence and building a strong case takes time. The sooner you talk to a bicycle accident lawyer, the greater your chances of recovering full compensation.
Contact Our Bicycle Accident Attorneys
With over 50 years combined experience and a proven record of success for our clients, you can trust Loney & Schueller, LLC, to defend your rights after an Iowa bicycle accident. Call now or complete our contact form for a free consultation.
