Evansdale Personal Injury Attorneys

Sudden accidents and injuries can disrupt lives. During these difficult moments, personal injury lawyers are essential allies. They specialize in advocating for those harmed by others' negligence, helping them secure proper compensation. This article delves into the important role personal injury lawyers play in navigating claims and helping people reclaim their lives.

Comprehensive Guide on Iowa Dramshop Claims

In Iowa, dramshop claims are critical for holding establishments accountable when they overserve alcohol to individuals who subsequently cause harm. This article will explore the available damages in dramshop claims, the legal framework surrounding these claims, the burden of proof required, and additional safety considerations for new cyclists in Iowa.

Available Damages in Dramshop Claims

The damages obtainable in an Iowa dramshop claim mirror those in other personal injury claims. These damages include:

1. Medical Bills: Covers all medical expenses related to the accident, including prescribed physical or occupational rehabilitation.
2. Pain and Suffering: Includes compensation for physical and emotional suffering, such as PTSD or the trauma of permanent loss of a limb and severe disfigurement.
3. Lost Income: Compensates for lost wages or earnings, whether the victim is employed or self-employed. This also includes lost work-related benefits such as medical insurance or retirement contributions.
4. Damaged Property: Covers repair or replacement costs for the victim’s vehicle and any items in it at the time of the accident.
5. Wrongful Death: Sought by family survivors, covering medical and funeral expenses, lost future income, loss of consortium, and other expenses due to the untimely death of a family member.
6. Punitive Damages: Awarded by a judge or jury if the defendant exhibited willful disregard for the victim’s safety, in addition to the actual damages requested.

Basics of Dramshop Law

A dramshop claim is filed against a person or business with a liquor license that served excessive alcohol to an individual who then caused an accident resulting in injury or death. Key legal requirements and liability variables for these claims are detailed in Iowa Code § 123.92.

While some states, like Nebraska, lack dramshop laws, Iowa enforces stringent regulations. There are specific time limits for providing written notice to the bar or liquor license holder of the intent to file a claim. The burden of proof lies with the injured victim or the survivors in wrongful death cases.

Suing the Bar and the Driver

In cases involving an intoxicated driver, victims can sue both the drunk driver and the bar that served them. Each party typically pays a portion of the victim’s total damages, excluding punitive damages.

Filing a Dramshop Claim

The notice of intent to file a dramshop claim must be given within six months of the accident, and the statute of limitations for filing the injury claim is two years from the accident date. The notice must be precise, often requiring the expertise of an experienced dramshop law attorney.

Proving a Dramshop Claim

To succeed in an Iowa dramshop claim, plaintiffs must prove one of the following:
1. The establishment served alcohol to an intoxicated person, knowing or reasonably should have known the person was intoxicated.
2. The establishment served alcohol to a person to the point of intoxication, knowing or reasonably should have known the individual would become intoxicated.

Establishments must exercise reasonable care to detect and respond to signs of intoxication in patrons. They are legally prohibited from serving more alcohol to visibly intoxicated individuals. Most establishments are required by law to have dramshop liability insurance to cover damages to victims.

Specifics of Iowa Dramshop Law

According to the Iowa Supreme Court, dramshop laws are designed to prevent excessive alcohol sales to patrons. The law applies to establishments serving alcohol on-premises but excludes retail outlets selling packaged liquor for off-site consumption.

Only victims injured by the intoxicated person can file a dramshop claim; the intoxicated person themselves cannot. Furthermore, the law does not apply to private individuals hosting social gatherings—only to licensed vendors.

Road Bike Safety Tips for New Cyclists

Bicycling is a popular and environmentally friendly activity in the U.S., but it comes with risks, particularly for new cyclists. Understanding and adhering to road safety tips can prevent accidents and ensure a safe riding experience.

Key Safety Tips

1. Learn Local Bicycling Laws: Each city and state has specific traffic laws for cyclists.
2. Practice in Safe Areas: Gain confidence and proficiency in bike handling before riding in traffic.
3. Take a Safety Course
4. Ride with Traffic: Always ride in the same direction as vehicle traffic.
5. Stay Right: Ride as far to the right as practicable, and avoid riding on sidewalks.
6. Wear a Helmet: Always wear a helmet, regardless of the trip's length.
7. Stay Visible: Use reflective clothing and lights at night. Rear lights are mandatory in Iowa.
8. Avoid Earbuds: Stay alert to traffic sounds.
9. Be Aware of Surroundings: Make eye contact with drivers when possible and avoid blind spots.
10. Maintain Distance: Keep a safe distance from parked cars to avoid being hit by opening doors.
11. Control Speed: Ride at a speed that allows for quick reactions to sudden changes.
12. Check Equipment: Ensure your bike is in good repair before riding.

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.