Pedestrian or Bicycle Accident in Des Moines: Your Legal Rights and Next Steps

Iowa law places a heightened duty on motor vehicle operators when pedestrians and cyclists are present. Under Iowa Code § 321.327, drivers must yield the right of way to pedestrians crossing the roadway within any marked crosswalk and within any unmarked crosswalk at an intersection. A driver who fails to yield and hits a pedestrian has violated the statute, and that violation is evidence of negligence per se — meaning the court can instruct the jury that the driver was negligent as a matter of law.

Iowa Code § 321.329 requires drivers to exercise due care to avoid colliding with any pedestrian on the roadway, to give a warning signal when necessary, and to take all proper precaution to ensure pedestrian safety. This duty exists even when a pedestrian is not in a crosswalk. A driver who sees someone walking in the road — even jaywalking — still has a legal obligation to avoid hitting them if possible.

For cyclists, Iowa Code § 321.234 grants bicycles the same rights and responsibilities as motor vehicles. Cyclists may ride on the roadway, must follow traffic signals and stop signs, and are entitled to the same lane protections as any other vehicle. Drivers must treat a cyclist in the lane the same as they would treat another car — including giving appropriate following distance and not crowding them when passing.

Pedestrian and bicycle accidents produce some of the most severe injuries in personal injury law. The physics are unforgiving: a 4,000-pound vehicle striking an unprotected human body or a cyclist with no steel cage and airbags results in injuries that far exceed what occupants of two colliding cars would typically suffer.

Traumatic brain injuries (TBI) are common. Even with a helmet, the force of impact against a vehicle hood, windshield, or pavement can cause concussions, intracranial bleeding, and permanent cognitive damage. TBIs are among the most expensive injuries to treat and among the most difficult to quantify for damages because symptoms — memory loss, mood changes, chronic headaches — often persist for years or permanently.

Spinal cord injuries, pelvic fractures, femur fractures, and internal organ damage are also frequent in high-speed pedestrian impacts. Soft tissue injuries are common at lower speeds but should not be dismissed — torn ligaments, rotator cuff damage, and knee injuries can require surgery and months of rehabilitation. Road rash from bicycle accidents, while appearing minor, can cause permanent scarring and require skin grafting in severe cases. Keep records of every injury, every treatment, every bill, and every limitation the injury has placed on your daily life.

Des Moines has both marked crosswalks — painted crosswalk lines at intersections and mid-block crossing points — and unmarked crosswalks, which are the legal extensions of sidewalks across an intersection even where no paint exists. Iowa Code § 321.327 protects pedestrians in both types. A driver who hits you at an unmarked intersection crossing cannot argue that the absence of paint means you had no right of way.

However, pedestrian right of way is not absolute. Iowa Code § 321.328 prohibits pedestrians from suddenly leaving a curb or safe waiting area and walking into the path of a vehicle so close that the driver has no reasonable opportunity to stop. If you stepped off the curb and were immediately struck, the insurer will argue you violated this statute. The facts matter: how fast was the vehicle traveling, how far away was it when you stepped into the road, was the driver paying attention or distracted?

At signalized intersections, the pedestrian signal controls right of way. Walking on a Don't Walk signal or against the light is a violation of the traffic code that an insurer will use to assign fault to you. If you had a Walk signal and a driver ran the red light or failed to yield while turning, the driver's fault is clear. Intersection camera footage, traffic signal timing records, and witness statements are the key evidence in these disputes.

Iowa follows modified comparative fault under Iowa Code § 668.3. The jury assigns a fault percentage to each party. If your fault percentage exceeds 50%, you recover nothing. If it is 50% or less, your damages are reduced by your fault percentage. So if you were found 30% at fault and your total damages are $100,000, you receive $70,000.

Insurance adjusters use comparative fault aggressively in pedestrian and bicycle cases. Common arguments include: you were jaywalking, you were wearing dark clothing at night, you failed to use a crosswalk, you were riding your bicycle against traffic, you ran a red light, or you were distracted by your phone. Some of these arguments are legitimate — and some are manufactured to reduce the payout.

The strength of your claim depends heavily on evidence. Dashcam footage, surveillance cameras from nearby businesses, eyewitness accounts, and the police report are the most important tools for establishing what actually happened and countering false or exaggerated fault attributions. In Des Moines, many intersections and businesses have cameras that capture traffic incidents — but footage is often overwritten within 30 days. Preserve this evidence fast.

Iowa does not have a statewide mandatory helmet law for bicycle riders of any age. Des Moines has no city ordinance requiring helmet use. You were not breaking the law by riding without a helmet in Des Moines.

However, the absence of a legal requirement does not fully insulate you from a helmet-based argument in your civil claim. Iowa's comparative fault system allows the defense to argue that your failure to wear a helmet contributed to the severity of your head injuries — not to the accident itself, but to the extent of harm. If you suffered a traumatic brain injury while riding without a helmet, expect this argument. The counterargument is that a helmet would not have prevented the collision; the driver's negligence is what put you in danger.

If you were wearing a helmet, document it immediately. Tell paramedics and emergency room staff you were helmeted. Preserve the helmet itself — a cracked or crushed helmet is physical evidence of the force of the impact. If you were not wearing a helmet and suffered head injuries, an attorney can work with medical experts to establish the extent to which helmet use would have affected the outcome, limiting how much fault is attributed to that decision.

Certain areas of Des Moines see disproportionate rates of pedestrian and bicycle crashes. Downtown Des Moines and the surrounding grid, particularly along Ingersoll Avenue, Grand Avenue, University Avenue, and Fleur Drive, are high-traffic corridors where pedestrian crossings are frequent and driver behavior is unpredictable. The intersection of Merle Hay Road at Douglas Avenue on the northwest side and the Hickman Road corridor are historically high-crash areas documented in Iowa DOT data.

The Des Moines River trail system and the High Trestle Trail corridor are popular cycling routes, but trail crossings at roadways can be dangerous — drivers crossing the trail often do not expect cyclists traveling at speed. East of downtown, East Grand Avenue and East 14th Street are high-pedestrian areas with concentrated retail and apartment density, creating frequent pedestrian-vehicle conflict points.

Interstate overpasses, interchange ramps, and connector roads near I-235 and I-80/I-35 are particularly dangerous for both cyclists and pedestrians — these roads are designed for vehicles and lack adequate pedestrian infrastructure. If you were injured in one of these locations, document the specific conditions: was there a crosswalk? Adequate lighting? Were there signs warning drivers of pedestrian crossing activity?

Call 911. Even if you feel you can walk, call for police and emergency services. A police report documenting the driver's information, the location, road conditions, and any witness statements is critical evidence. The responding officer may also issue a citation to the driver for failing to yield, running a red light, or other violations — which strengthens your civil claim. Do not assume the driver will be honest with you about what happened.

Get medical attention the same day, even if your injuries seem minor. Adrenaline and shock can mask the full severity of injuries for hours or days after impact. Spinal injuries, internal bleeding, and brain injuries frequently present with a delay. UnityPoint Health–Iowa Methodist Medical Center, a Level I trauma center, is the Des Moines area's highest-level trauma facility. MercyOne Des Moines Medical Center is a Level II trauma center. Go to the emergency room and give a complete account of how the accident happened.

Document everything before you leave the scene if you are physically able. Photograph the vehicle that hit you, including the license plate and the point of impact. Photograph the roadway, crosswalk markings, traffic signals, and your bicycle or any personal property damage. Note whether there are any nearby businesses or traffic cameras. Get contact information from every witness. Your memory of the scene will fade, but photographs and witness statements last.

Were you hit by a car while walking or biking in Des Moines? Get your free Injury Claim Check. Answer a few questions about your accident and injuries, and receive a personalized report covering your filing deadline under Iowa law, how comparative fault may affect your claim, and whether connecting with an Iowa personal injury attorney makes sense for your situation.

Pedestrian and bicycle accident claims are complex — the injuries are severe, the fault disputes are common, and the evidence fades quickly. Understanding your rights before speaking to the driver's insurance company is essential. The insurer's goal is to minimize the payout. Your goal is a fair recovery for what you actually suffered. Get informed first.