Forest City Personal Injury Attorneys

Sudden accidents and injuries can significantly change lives. In such challenging moments, personal injury lawyers are vital. They focus on advocating for those harmed by others' negligence, helping them secure proper compensation. This article discusses the essential role personal injury lawyers play in navigating claims and helping people reclaim their lives.

What Has to Be Proven in an Iowa Dramshop Claim?

Iowa’s dramshop law is designed to hold establishments accountable for over-serving alcohol to patrons who then cause harm to others. There are two typical scenarios under which a dramshop claim can be pursued in Iowa: 

1. A patron is served too much alcohol at a bar or restaurant, leaves the establishment while intoxicated, gets involved in a car accident, and is subsequently charged with OWI (operating a vehicle while intoxicated).
2. An intoxicated bar patron assaults one or more people at the bar.

Key Elements to Prove

To succeed in a dramshop claim, the plaintiff must prove that the bar owner, liquor licensee, or permittee (bartender or wait staff) engaged in one of the following actions:

- Sold and served alcohol to an intoxicated person when they knew (or should have reasonably known) the person was intoxicated.
- Continued to serve alcohol to a person to a point where they should have reasonably known the person would become intoxicated if not stopped.

Bars and other establishments licensed to serve alcohol must exercise reasonable care to detect signs of intoxication in their patrons. If an employee identifies someone who has had too much to drink, they are legally prohibited from serving them any more alcohol according to Iowa Code § 123.92.

Liability and Damages

Iowa’s dramshop statute aims to restrain bars and restaurants from selling excessive liquor to their patrons. The Iowa Supreme Court has ruled that the law does not require plaintiffs to prove that the intoxicated person who injured them consumed the alcohol on the premises. The statute specifically applies to alcohol sold and served for consumption on the seller's premises only, meaning retail outlets that sell packaged liquor are not subject to this law.

All civil damages are available in a dramshop case, including:

- Medical bills
- Lost wages
- Damaged property
- Pain and suffering
- Wrongful death

Limitations and Exceptions

- Only those injured by the intoxicated patron (referred to as the “second party”) can sue the bar or restaurant. The intoxicated person themselves cannot file a dramshop claim.
- The law applies only to vendors licensed to sell alcohol in restaurants and bars, not to social hosts who serve alcohol at private functions.

Proving Liability for a Car in a Right Turn Bicycle Accident

A right turn bicycle accident, often referred to as a "right hook" accident, typically occurs when a cyclist riding on the right shoulder or bike lane is struck by a car turning right. These accidents usually result from the driver failing to see the bicyclist in time.

Common Scenarios for Right Turn Bicycle Accidents

- A car and a bicyclist approach an intersection, and the car turns right, failing to see the bicyclist.
- A bicyclist overtakes a slower-moving car on the right, and the car turns right, colliding with the bicyclist.
- Both the car and the bicyclist wait at a light, and when it turns green, the car turns right, cutting off or hitting the cyclist.

Proving Driver Liability

To establish that the driver was at fault, several types of evidence are necessary:

- Police Report: Details the accident scene and events as described by the responding officer, including any citations issued.
- Eyewitness Accounts: Can provide valuable insight into the actions of both the bike and the car before the collision.
- Negligence Proof: Demonstrating that the driver was speeding, failed to use a turn signal, or abruptly changed lanes.

Conversely, if witnesses indicate the bicyclist was acting negligently (e.g., swerving between lanes, riding too close to vehicles, or ignoring traffic control devices), this could be used as a defense in a bike accident claim.

Additional Evidence

- Traffic cameras at intersections
- Surveillance cameras from nearby businesses

Safety Tips to Avoid Right Turn Bicycle Accidents

- Maintain a safe distance behind vehicles
- Avoid passing cars on the right unless necessary
- Ensure there is enough space to maneuver in case a car turns right

Rules of Driving on the Road When a Pedestrian is Present

Despite well-established laws, pedestrian accidents still occur frequently. The Iowa Department of Transportation specifies that motorists must give the right of way to pedestrians when:

- Entering or leaving a driveway, parking lot, or alley.
- Pedestrians are crossing at an intersection on a marked or unmarked crosswalk without traffic signals.

Special Precautions

Motorists must exercise extra caution in:

- Residential areas
- Vicinity of schools
- Near shopping centers
- Parking lots
- Congested areas like downtown

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.