Guttenberg Personal Injury Attorneys

Life can be abruptly disrupted by accidents and injuries. In such trying moments, personal injury lawyers are indispensable. They advocate for those harmed by others' negligence, ensuring they get the compensation they deserve. This article delves into the significant role personal injury lawyers play in helping individuals navigate their claims and rebuild their lives.

Understanding Iowa Dramshop Claims and Bicycle Accident Prevention

Navigating the legal landscape after a dramshop incident or a bicycle accident can be complex. This comprehensive guide covers the available damages in dramshop claims, essential legal requirements, and how to prevent and address bicycle accidents in Iowa.

Available Damages in a Dramshop Claim

In Iowa, the damages obtainable in a personal injury claim are the same as those in a dramshop claim. These include:

- Medical Bills: Covers all medical expenses related to the accident, including prescribed physical or occupational rehabilitation.
- Pain and Suffering: Compensation for physical and emotional suffering, such as PTSD or the trauma of permanent loss of a limb and severe disfigurement.
- Lost Income: Covers lost wages or earnings if the victim is self-employed. It also includes work-related benefits such as paid medical insurance or retirement contributions.
- Damaged Property: Payment for the repair or replacement of the victim’s vehicle and any items in it at the time of the accident.
- Wrongful Death: Claimed by family survivors, including medical and funeral expenses, lost future income, loss of consortium, and other related expenses.
- Punitive Damages: Additional damages awarded if the defendant showed willful disregard for the victim’s safety.

Basics of Dramshop Law

A dramshop claim is filed against a person or business with a liquor license that served too much alcohol to an individual who then caused an accident. Iowa Code § 123.92 outlines the legal requirements and liability variables for these claims.

Proving a Dramshop Claim

To prove a dramshop claim in Iowa, you must show that the bar or restaurant served alcohol to an intoxicated person who then caused injury or death. There are two common scenarios:
1. A person is served too much alcohol, leaves the establishment while drunk, and causes a car accident.
2. A drunk patron assaults someone at the bar.

Under Iowa’s Dramshop Law, the bar owner, liquor licensee, or permittee is liable if they served alcohol to a person they knew or should have known was intoxicated.

Legal Timeframes and Filing a Claim

The notice of intent to file a dramshop claim must be given within six months of the accident. The injury claim itself must be filed within two years. Both the intoxicated individual and the bar can be sued, with each paying a percentage of the victim's reasonable damages.

Bicycle Accidents in Iowa: Prevention and Response

Bicycle accidents are a significant concern in Iowa. Here are some common types of accidents and tips on how to avoid them:

Right Hook Accident

Occurs when a car makes a right-hand turn into the path of a cyclist. To avoid this:
- Position yourself slightly in front of vehicles at stoplights or signs.
- Never pass a vehicle on the right.

Dooring Accident

Happens when a cyclist rides between lanes of traffic and parked cars, and a car door opens unexpectedly. To avoid this:
- Use separate bike lanes where available.
- Stay alert for parked cars and slow down near them.

Vehicle Turning Left

A car turning left may not see a cyclist going straight. To avoid this:
- Use bike lights and wear bright colors for visibility.
- Make eye contact with drivers before proceeding through intersections.

Failure to Yield

Occurs when a cyclist misjudges a car's speed or distance. To avoid this:
- Exercise caution and double-check before entering intersections.

What to Do After a Bicycle Accident

If you're in a bicycle accident, seek legal advice. The attorneys at Walker, Billingsley & Bair can help with:
- Determining fault
- Filing a claim for damages
- Filing a lawsuit if necessary

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.