Epworth Personal Injury Attorneys

Sudden accidents and injuries can drastically disrupt lives. During these tough times, personal injury lawyers are indispensable. They specialize in representing those harmed by negligence, helping them secure proper compensation. This article highlights the significant role personal injury lawyers play in guiding individuals through their claims and aiding in recovery.

Rules of Driving on the Road When a Pedestrian is Present

According to the National Highway Traffic Safety Administration, approximately 70,000 pedestrians are injured annually in motor vehicle accidents on roads and highways in the United States. Despite well-established laws for pedestrians and motorists, many of these accidents occur due to ignorance about the rules of driving around pedestrians.

Iowa Rules of the Road Around Pedestrians

Apart from general Iowa traffic laws, the Iowa Department of Transportation has specific laws for motorists in situations where a pedestrian is present. The burden of responsibility lies heavily on the motorist, as their vehicle has the capacity to seriously injure a pedestrian if driven incorrectly.

According to these laws, motorists must give the right of way to pedestrians when entering or leaving a:
- Driveway
- Parking lot
- Alley

Motorists must also yield to pedestrians crossing at an intersection, whether on a marked or unmarked crosswalk, when there are no traffic signals.

Special precautions must be taken when driving through:
- Residential areas
- Vicinity of a school
- Near shopping centers
- In parking lots
- In congested areas (such as downtown)

In the event of an accident involving a pedestrian, victims can seek compensation for their damages by filing injury claims. Evidence must demonstrate that the motorist violated the rules of driving around pedestrians. For legal assistance, contact an attorney.

Available Damages in a Dram Shop Claim

The damages one can obtain in an Iowa personal injury claim are the same as in a dram shop claim. These include:

- Medical Bills: Payment of all medical bills associated with the accident, including prescribed physical or occupational rehabilitation.
- Pain and Suffering: Compensation for physical and emotional suffering, including post-traumatic stress disorder (PTSD) or emotional trauma from permanent loss of a limb or severe disfigurement.
- Lost Income: Compensation for lost wages or earnings, including self-employment income. This also includes work-related benefits such as paid medical, insurance, or retirement contributions.
- Damaged Property: Repair or replacement of the victim’s vehicle and any items in it at the time of the accident.
- Wrongful Death: Compensation for family survivors, including all medical and funeral expenses, lost future income, loss of consortium, and other expenses attributed to the untimely death of a loved one.
- Punitive Damages: Additional damages awarded if the defendant showed a willful disregard for the victim’s safety.

Basics of Dram Shop Law

A dram shop claim is levied against a person or business with a liquor license for serving too much alcohol to an individual who later causes an accident, most often resulting in injury or death to another. Specific legal requirements and liability variables are outlined in Iowa Code § 123.92 and subsequent rulings of law.

In Iowa, the notice of intent to file a claim against the establishment’s licensee (usually the owner) or permittee (bartender or waitperson) must be given within six months of the accident. The statute of limitations to file the injury claim is two years from the date of the accident.

Understanding Comparative Negligence Rule in a Car Accident Claim

When you’ve been seriously injured in a car accident, establishing negligence is essential for pursuing compensation. Iowa car accident lawyers can evaluate your case to determine if it’s a valid claim and if you may be eligible to seek damages.

Iowa’s Modified Comparative Fault – 51% Rule

Iowa follows the modified comparative fault – 51% rule for car accidents. This means that to file a claim against the other driver, your fault must be 50% or less. If your responsibility for the accident is 51% or higher, you cannot recover damages. 

However, even if you’re less than 51% at fault, the damages you’re entitled to may be reduced. For example, if you were involved in an accident where the other driver made an unsafe lane change, but it was found that you were speeding, this could reduce your claim.

Importance of Legal Help

Seeking legal help is crucial when your injuries are severe. You need to prove that the other side was more negligent to recover more damages. The elements of a negligence case can impact the outcome when you’ve been seriously injured in a car accident in Iowa.

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.