- Denver Personal Injury Attorneys
- Phone: 641-792-3595
- Directions
Life can be abruptly disrupted by accidents and injuries. In such difficult moments, personal injury lawyers are indispensable. They advocate for those harmed by others' negligence, ensuring they get the compensation they deserve. This article examines the significant role personal injury lawyers play in helping individuals navigate their claims and rebuild their lives.
Hiring an Attorney for Bicycle Accidents in Iowa
After a bicycle accident in Iowa, you might wonder whether you need an attorney. Without legal representation, you may face challenges in getting full compensation or proving that you weren’t at fault. Here are three compelling reasons to hire an attorney after a bicycle accident.
Iowa’s Comparative Negligence Laws
One significant reason to hire an attorney is Iowa’s comparative negligence law. This law allows for your damages amount to be reduced by your proportion of fault. For instance, if you are found 10 percent at fault for the accident, your compensation payout will be reduced by 10 percent. When filing a claim, the defendant or insurance company will likely focus on any errors you made to minimize their payout. An attorney can help demonstrate that your injuries were primarily due to the other party’s fault.
Negotiating a Settlement Amount
An attorney can guide you through settlement negotiations to ensure you receive the full amount you deserve. Insurance companies often aim to pay less than you’re entitled to, but with a legal advocate, you can better protect your interests. Your attorney will work to prove the other party's fault and help you negotiate a fair settlement.
Filing a Lawsuit
Sometimes, settlements don’t adequately cover your needs, or your injuries may be so severe that filing a lawsuit becomes necessary. Filing a lawsuit requires:
- Knowledge of state and federal laws
- Adherence to the state’s statute of limitations
- Time and perseverance
Understanding Iowa Dramshop Claims
In Iowa, dramshop claims typically arise in two scenarios: when an intoxicated person, served at a bar or restaurant, causes a car accident or assaults someone. Iowa’s Dramshop Law holds the bar owner, liquor licensee, or permittee accountable for serving alcohol to an intoxicated person or serving alcohol to the point where the person becomes intoxicated.
Bars and other establishments must exercise reasonable care to detect signs of intoxication and cease serving alcohol to anyone visibly drunk. This law is designed to prevent over-serving alcohol to patrons. Establishments are also required to have dramshop liability insurance to cover damages caused by their intoxicated patrons.
Proving a Dramshop Claim
To prove a dramshop claim, you must show that the establishment served alcohol to an intoxicated person or to the point where they should have known the person would become intoxicated. The law does not require proof that the intoxicated person consumed the alcohol; it applies to alcohol sold and served for consumption on the premises.
Damages Available in a Dramshop Case
Victims can seek compensation for:
- Medical bills
- Lost wages
- Damaged property
- Pain and suffering
- Wrongful death
Only those injured by the intoxicated person can sue under Iowa’s dramshop laws, not the intoxicated person themselves. The law also does not apply to social hosts who serve alcohol at private parties.
For more information on filing a dramshop claim in Iowa, contact Walker, Billingsley & Bair at (515) 440-2852.
Options for Compensation After a Bicycle Accident Hit and Run
Hit-and-run bicycle accidents are unfortunately common. In 2015, over 800 pedalcyclists died in such accidents. When a driver flees the scene, it becomes difficult for the bicyclist to recover financial damages. If you or a loved one has been involved in a hit-and-run bicycle accident, you will likely need to look to your insurance policies for compensation.
Finding the Driver
If a driver flees the scene, don’t lose hope. Sometimes, drivers turn themselves in or law enforcement identifies them through traffic or surveillance camera footage and eyewitness testimonies. You might also seek help from local news stations to publicize your story and generate tips from viewers.
Obtaining Compensation
If the driver is found, you can file a claim with their insurance company. If the driver is not found, your damages may be covered under your auto insurance policy’s uninsured/underinsured motorist coverage (UM/UIM). UM/UIM coverage compensates for damages when the driver:
- Doesn’t have insurance
- Lacks sufficient insurance
- Flees the scene
Coverage usually extends to traffic accidents when you are a pedestrian or bicyclist. However, UM/UIM is optional in Iowa, so check with your insurance agent to confirm your coverage.
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.