Emmetsburg Personal Injury Attorneys

When accidents and injuries disrupt lives, personal injury lawyers become indispensable. They specialize in advocating for individuals affected by others' negligence, helping them obtain proper compensation. This article delves into the important role personal injury lawyers play in guiding individuals through their claims and aiding in recovery.

Options for Compensation after a Bicycle Accident Hit and Run

The Prevalence of Hit and Run Bicycle Accidents

Hit and run bicycle accidents are alarmingly common, with national statistics revealing that over 800 pedalcyclists died in such incidents in 2015. Irresponsible drivers, often under the influence or without a license, frequently flee the scene to avoid repercussions, making it exceedingly difficult for bicyclists to recover financial damages.

Finding the Responsible Driver

If you are injured in a hit-and-run bicycle accident, not all hope is lost. Drivers with a conscience may turn themselves in, and law enforcement can sometimes identify the driver using traffic or surveillance camera footage and eyewitness testimonies. Publicizing your story through local news can also prompt viewers to provide tips that lead to identifying the driver. Once identified, the driver will face criminal charges, and you can file a claim with their insurer or sue them directly for the harm you’ve sustained.

Obtaining Compensation After a Hit and Run Bike Accident

If the driver remains at the scene or is later identified, you can file a claim with their insurance company. If the driver flees, your damages might be covered under your auto insurance policy’s uninsured/underinsured motorist coverage (UM/UIM). This coverage applies if the driver has no insurance, insufficient insurance, or flees the scene. UM/UIM coverage typically includes traffic accidents involving pedestrians or bicyclists, but it is optional in Iowa. The minimum coverage is $20,000 per person and $40,000 per accident. Check with your insurance agent to confirm your coverage details.

Legal Assistance with Walker, Billingsley & Bair

Negligent drivers should not get away with harming bicyclists. The attorneys at Walker, Billingsley & Bair in Des Moines can review your case, determine your options, and help you seek the recovery you need. Contact their office at 515-440-2852 for a free consultation.

Helmet Use and Your Bicycle Accident Claim: It Matters

Iowa Helmet Laws

Iowa is one of 13 states without a bicycle helmet law, meaning there is no legal obligation for riders of any age to wear a helmet. This absence of a helmet law means that not wearing a helmet does not automatically imply negligence or lawlessness on your part.

Comparative Negligence Laws

Despite the lack of a helmet law, the defense may argue that you acted negligently by not wearing a helmet, especially if you sustained head injuries. Negligence is defined as irresponsible and unreasonable behavior. The defendant could argue that wearing a helmet is common knowledge, making your choice not to wear one unreasonable and unsafe.

Proving the Other Party’s Negligence

Even if you did not wear a helmet, you can still hold the other party fully liable. You must demonstrate that, helmet or not, the other party's negligent actions caused your injuries. An attorney can help navigate issues of liability, comparative fault, and damages. The attorneys at Walker, Billingsley & Bair will work with you to prove the other party’s negligence and secure compensation. Contact them at (888) 435-9886.

Understanding Iowa Dramshop Claims

Proving a Dramshop Claim

Iowa’s Dramshop Law holds bar owners, liquor licensees, or permittees liable if they serve alcohol to an intoxicated person or serve a person to the point of intoxication when they knew or should have known the person was intoxicated. Establishments must exercise reasonable care to detect signs of intoxication. They are legally required to have dramshop liability insurance to pay damages to victims of their intoxicated patrons.

Civil Damages in a Dramshop Case

Victims can claim:
- Medical bills
- Lost wages
- Damaged property
- Pain and suffering
- Wrongful death

Who Can Sue?

Only those injured by the intoxicated patron (referred to as "second parties") can sue under Iowa’s dramshop laws. The intoxicated person themselves (the "first party") cannot sue the establishment.

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.