Carroll Personal Injury Attorneys

Accidents and injuries can abruptly change lives. In these difficult times, personal injury lawyers are crucial. They advocate for those harmed by negligence, ensuring they receive proper compensation. This article delves into the important role personal injury lawyers play in navigating claims and helping people reclaim their lives.

Helmet Use and Your Bicycle Accident Claim: It Matters

When you’re filing a claim for injuries sustained during a bicycle accident, you may have questions about fault and how it impacts your settlement amount. If you were not wearing a helmet, this choice could affect your bicycle accident claim. Here's a comprehensive guide to understanding helmet use, comparative negligence, and the legal options available to you.

Iowa Helmet Laws

Iowa is one of 13 states without a bicycle helmet law. This means that riders of any age in Iowa are not legally required to wear helmets. The absence of a helmet law suggests that not wearing a helmet does not automatically indicate negligence or unlawful behavior. However, this doesn't mean that the defense won't try to argue that you acted negligently by not wearing one.

Comparative Negligence Laws

In Iowa, negligence is defined as irresponsible and unreasonable behavior. Despite the lack of a legal requirement for helmet use, the defense may argue that the importance of a helmet is common knowledge and that not wearing one is unreasonable and unsafe. This argument is particularly relevant if your injuries include head trauma. Iowa’s comparative negligence laws state that a victim can recover damages as long as they are less than 50 percent at fault for the accident. However, the recovery amount will be reduced by the victim’s percentage of fault.

Proving Negligence of the Other Party

Even with head injuries, it is possible to hold the other party fully liable. You must demonstrate that the other party acted negligently and that your injuries resulted from their actions, regardless of helmet use. Gathering evidence and witness testimonies can help establish the other party's negligence.

What Has to Be Proven in an Iowa Dramshop Claim?

Iowa's Dramshop Law holds establishments accountable when they over-serve alcohol to patrons who then cause harm. Here’s what you need to know about filing a dramshop claim.

Proving a Dramshop Claim

To prove a dramshop claim in Iowa, you typically need to show one of two scenarios:

1. A person was served too much alcohol at a bar or restaurant, left while intoxicated, and caused a car accident.
2. A drunk patron assaulted someone at the bar.

Under Iowa Code § 123.92, a bar owner or employee is liable if they serve alcohol to someone who is visibly intoxicated or continue serving until the patron becomes excessively drunk. Establishments must exercise reasonable care to detect signs of intoxication and cease serving alcohol when necessary.

Legal Requirements

Establishments must have dramshop liability insurance to cover damages caused by their intoxicated patrons. The law aims to prevent over-serving and ensure that victims can recover damages, which can include medical bills, lost wages, property damage, pain and suffering, and wrongful death.

Exceptions and Limitations

The dramshop law applies only to licensed establishments and does not cover social hosts who serve alcohol at private functions. Additionally, only those injured by the intoxicated person can file a claim, not the intoxicated individual themselves.

Should I Hire an Attorney for a Bicycle Accident?

Hiring an attorney after a bicycle accident in Iowa is crucial for several reasons, especially when dealing with comparative negligence laws, settlement negotiations, and potential lawsuits.

Iowa’s Comparative Negligence Laws

Iowa’s comparative negligence law can reduce your damages amount by your proportion of fault. If you are found to be 10 percent at fault, your compensation will be reduced by 10 percent. An attorney can help minimize your attributed fault and maximize your compensation.

Negotiating a Settlement Amount

Insurance companies often aim to pay less than what you deserve. An attorney can negotiate on your behalf, ensuring that you receive the full payout you’re entitled to. They will help demonstrate that your injuries were due to the other party’s fault and guide you through the settlement process.

Filing a Lawsuit

If a settlement cannot be reached, or if injuries are severe, filing a lawsuit may be necessary. This process requires knowledge of state and federal laws, adherence to the statute of limitations, and significant time and effort. An attorney can handle these complexities and represent your interests in court.

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.