Guthrie Center Personal Injury Attorneys

Accidents and injuries can swiftly change lives. In such difficult times, personal injury lawyers are crucial allies. They represent individuals affected by others' negligence, ensuring they receive proper compensation. This article highlights the important role personal injury lawyers play in navigating claims and helping people rebuild their lives.

Comparative Negligence Rule in Car Accident Claims

When you've been seriously injured in a car accident, establishing negligence is crucial if you plan on pursuing compensation. In Iowa, the modified comparative fault – 51% rule determines negligence after a car accident. According to this rule, to file a claim against the other driver, your fault must be 50% or less. If you are found to be 51% or more responsible for the accident, you cannot recover damages.

However, even if your fault is less than 51%, the damages you are entitled to may be reduced based on your level of responsibility. For instance, if you were involved in an accident on Interstate 235 where the other driver made an unsafe lane change, but you were speeding, your compensation could be reduced proportionally.

Seeking legal help is essential when your injuries are severe because proving the other side’s greater negligence can help you recover more in damages. The elements of a negligence case can significantly impact the outcome of your claim. 

Proving Negligence in an Iowa Dramshop Claim

There are two common ways to prove an Iowa dramshop claim: 

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

Iowa’s Dramshop Law holds the bar owner, liquor licensee, or permittee accountable if they:

- Sell and serve alcohol to an intoxicated person when they knew (or should have reasonably known) the person was intoxicated.
- Sell and serve alcohol to a person to a point where they knew or should have reasonably known the person would become intoxicated if they continued to serve them.

Bars and other establishments licensed to serve liquor are legally required to exercise reasonable care to detect signs of intoxication in their patrons. If an employee identifies someone who’s had too much to drink, they cannot serve them any more alcohol. This is mandated by Iowa Code § 123.92.

Iowa’s Dramshop Statute intends to restrain bars and restaurants from selling excess liquor to their patrons. The statute does not require the plaintiff to prove that the intoxicated person who injured them consumed the alcohol on the premises. All civil damages, including medical bills, lost wages, damaged property, pain and suffering, and wrongful death, are available in a dramshop case.

Notably, only those injured by the intoxicated patron (second party) can sue the establishment. The intoxicated person (first party) may not. Additionally, the law applies only to licensed vendors and not to social hosts serving alcohol at private parties.

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. Drivers often flee the scene out of fear of reprisal, making it difficult for bicyclists to recover financial damages.

If you or your loved one suffered a hit-and-run bike accident, you might need to rely on your insurance policies for compensation. Finding the responsible driver can be challenging, but sometimes drivers turn themselves in, or law enforcement can identify them using traffic or surveillance camera footage and eyewitness testimonies. Media coverage of your story might also help generate leads.

If the driver is identified, they will face criminal charges, and you can file a claim with their insurer or sue them directly. If the driver flees, your damages may be covered under your auto insurance policy’s uninsured/underinsured motorist coverage (UM/UIM). This coverage applies if the driver lacks insurance, has insufficient insurance, or flees the scene. It usually extends to include traffic accidents when you are a pedestrian or bicyclist, although it is optional coverage in Iowa. Check with your insurance agent to determine 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.