Alta Personal Injury Attorneys

When accidents and injuries disrupt lives, personal injury lawyers become essential. They focus on representing those harmed by negligence, helping them obtain fair compensation. This article delves into the important role personal injury lawyers play in guiding individuals through their claims and aiding in recovery.

Dramshop Claims in Iowa

There are two primary ways to establish an Iowa dramshop claim:

1. Over-Serving Alcohol Leading to OWI: A person is served too much alcohol at a bar or restaurant, leaves while intoxicated, is involved in a car accident, and is subsequently charged with OWI (Operating While Intoxicated).
2. Assault by Intoxicated Patron: A drunk bar patron assaults one or more people at the bar.

Iowa’s Dramshop Law holds the bar owner, liquor licensee, or permittee (bartender or waitperson) responsible if they:
- Serve alcohol to an intoxicated person when they knew (or should have reasonably known) the person was intoxicated.
- Serve the person to a point where they knew or should have reasonably known the person would become intoxicated if they continued serving.

Bars and other establishments licensed to serve liquor are legally required to exercise reasonable care to detect signs of actual (or suspected) intoxication in their patrons. If employees identify someone who’s had too much to drink, they cannot serve them any more alcohol [Iowa Code § 123.92]. Establishments are also required to have dramshop liability insurance to cover damages to injured victims of their intoxicated patrons.

Dramshop Statute and Liability

The Iowa Supreme Court has clarified that the state’s dramshop law does not require plaintiffs to prove that the intoxicated person who injured them consumed the alcohol on the seller's premises. This means retail companies such as grocery stores and other liquor licensees selling packaged liquor are not subject to the law because they are not licensed to serve alcohol at their business.

Damages in a Dramshop Case

All civil damages are available in a dramshop case, including:
- Medical bills
- Lost wages
- Damaged property
- Pain and suffering
- Wrongful death

First Party vs. Second Party Claims

Only those injured by the intoxicated patron (second parties) can sue the bar or restaurant. The intoxicated person (first party) cannot.

Social Hosts and Liability

The dramshop law applies only to vendors licensed to sell alcohol in restaurants and bars, not to social hosts serving alcohol at private parties or functions [Iowa Code § 123.49].

Filing a Claim for a Head Injury from a Bicycle Accident

In Iowa, the person at fault for the injury is liable for the damages. In a bike accident, this is likely the motor vehicle driver involved. The driver's insurance will be responsible for paying damages.

Proving Liability

The at-fault driver may try to claim that the cyclist contributed to the crash. To substantiate your claim, gather the following evidence:
- Police reports
- Physical evidence from the scene (e.g., broken bicycle parts)
- Witness testimony

You must also prove that your head injury resulted directly from the accident.

Calculating Damages

The insurance adjuster determines the compensation amount based on factors like:
- Extent of injuries
- Medical bills
- Lost work time or ability to work
- Bicycle replacement needs

If you were partially at fault, your compensation may be reduced accordingly.

Insufficient Settlement Offers

If you’re offered an insufficient settlement, you have the right to negotiate for a higher amount or file a claim against the at-fault driver in civil court. Ensure you file your claim within two years, as per Iowa Code section 614.1.

Hiring an Attorney for a Bicycle Accident

1. Comparative Negligence Laws: Iowa’s comparative negligence law allows for your damages amount to be reduced by your proportion of fault. An attorney can help demonstrate that your injuries were the fault of the other party.
   
2. Negotiating a Settlement: An attorney can guide you through settlement negotiations and ensure you receive the full payout amount.

3. Filing a Lawsuit: If a settlement isn’t sufficient or injuries are severe, filing a lawsuit may be necessary. This requires knowledge of state and federal law, adherence to the statute of limitations, and perseverance.

We Are Here To Help

Remember, you are not alone in recovering from your injuries. We have helped thousands of Iowans through their physical, emotional, and financial recoveries. If you have questions about what you are going through, feel free to call our office for your confidential injury conference. We will take the time to listen to you and give you our advice concerning your injury matter at no cost or risk to you.

Free Book at No Cost 

If you are not ready to speak with an attorney yet but would like to learn more about Iowa injury cases including tips about how you can avoid making common costly mistakes request a copy of our Iowa Personal Injury book which includes 14 myths about Iowa injury cases and 5 things to know before hiring an attorney.

If you have specific questions about your injury matter feel free to call our office to speak with our Injury team at 641-792-3595 or use our Chat feature by clicking here 24 hours a day/7 days per week. Your information will remain confidential and there is no cost or obligation.