Blaming the victim is the most common defense used by insurance companies when someone slips or trips and is injured on their policyholder’s property. The representatives try to establish that the person was negligent by being distracted or not paying attention to the walking area ahead. An accident injury attorney in Waukee, IA may be necessary when the insurer uses this tactic to avoid paying a premises liability claim.

Construction Zones

Insurers may even use this strategy when a pedestrian is hit by a falling object or struck by heavy equipment. There probably was no way this person could have been aware of the impending danger, yet the insurer might blame the victim for being anywhere near a construction zone. It does not matter if the individual was outside of the barriers set up by the workers and in the designated safe zone.

An accident injury attorney in Waukee, IA will take over communication with the insurer to make sure this client receives a fair settlement. An investigation may need to be conducted.

Parking Lot Incidents

A person who gets into an accident riding a bike on the pavement on commercial property may also need legal representation. If this cyclist was struck by a vehicle in a parking lot, the automotive insurer might try to blame the property owner. Perhaps there are no painted lanes, leaving everyone to guess where they should be driving. The property owner, of course, usually blames the driver of the automobile. Ideally, parking lots would have clear markings where aisles and lanes are, but their absence is no reason for a vehicle driver to hit a bicyclist.

Legal Representation

Lawyers from an organization such as Dutton & Drake handle all aspects of this type of cases once they have been hired. They negotiate with insurance adjusters, establish their evidence for the claimant, and file paperwork for a lawsuit if reasonable compensation is not forthcoming. Nearly all accident legal cases are settled out of court, but the attorneys will bring the case to trial if necessary. Anyone who needs assistance with this type of situation may request a FREE consultation with this law firm.

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