Hudson Personal Injury Attorneys

Sudden accidents and injuries can drastically change lives. During these difficult times, personal injury lawyers are indispensable. They advocate for individuals affected by others' negligence, ensuring they get the compensation they deserve. This article delves into the crucial role personal injury lawyers play in navigating claims and helping people reclaim their lives.

Should I Hire an Attorney for a Bicycle Accident?

Without an attorney for a bicycle accident, you may run into trouble getting your full compensation amount or proving that you weren’t at fault. After a bicycle accident in Iowa, here are three reasons why you should speak to an attorney.

Iowa’s Comparative Negligence Laws

One of the main reasons you should hire an attorney after a bicycle accident is Iowa’s comparative negligence law. This law allows for your damages amount to be reduced by your proportion of fault. In other words, if you were 10 percent at fault for your bike accident, your compensation payout will be reduced by 10 percent.

If you’re filing a claim, you can bet that the defendant or insurance company will focus on any errors you made, hoping to pay you less than you deserve. An experienced attorney can help demonstrate that your injuries were incurred due to the other party's fault and protect you from being unfairly penalized.

Negotiating a Settlement Amount

Not only can an attorney help you to demonstrate that your injuries were caused by the fault of the other party, but an attorney can also guide you through settlement negotiations. Believe it or not, an insurance company is rarely on your side; it’s not uncommon for insurance companies to try to pay you less than you’re entitled. To ensure that you’re getting your full payout amount, having a legal advocate is crucial.

You May Want to File a Lawsuit

Sometimes, settlements don’t work out as they should, or injuries are so severe that filing a claim with the insurance company alone isn’t enough. When either of these situations arise, you may want to file a lawsuit.

Filing a lawsuit requires:
- Knowledge of state and federal law
- Adherence to the state’s statute of limitations
- Time and perseverance in the face of adversity

Types of Damages Available in Personal Injury and Dram Shop Claims

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

Medical Expenses

- All medical bills associated with the accident, including prescribed physical or occupational rehabilitation

Pain and Suffering

- Physical and emotional suffering, including conditions like post-traumatic stress disorder (PTSD) or emotional trauma from permanent loss of a limb and severe disfigurement

Lost Income

- Lost wages or earnings if the victim is self-employed or a business owner. Work-related benefits such as paid employee medical, insurance, or retirement contributions may also be collected.

Property Damage

- Repair or replacement of damaged property, including the victim’s vehicle and any items in it at the time of the accident

Wrongful Death

- Commonly demanded by family survivors, covering all medical and funeral expenses, lost future income that the deceased would have earned, loss of consortium, and other incurred expenses attributable to the untimely death of a family member.

Punitive Damages

- Awarded by a judge or jury in addition to the actual damages 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, often resulting in injury or death to another. Specific legal requirements and liability variables are outlined in Iowa Code § 123.92.

Key Points in Dram Shop Claims

- Iowa has brief and precise time limits for providing written notice to the bar or liquor license holder of an injured victim’s intent to file a claim or lawsuit for damages.
- The injured victim bears the burden of proof for the dram shop claim or the survivors of a wrongfully deceased victim.

Can You Sue Both the Bar and the Drunk Driver?

Injured victims have a strong civil case against both the drunk driver and the bar. The victim typically sues both defendants, with each paying a percentage of the victim’s reasonable damage total, excluding punitive damages.

Time Limits for Filing a Claim

The notice of intent to file a claim against the establishment’s licensee (usually the owner) or permittee (bartender or waitperson) is six months after the accident. The statute of limitations for filing the injury claim is two years from the accident date.

Preventing Alcohol-Related Bike Accidents

Just like drinking and driving, drinking and biking do not mix. Alcohol impairs your cognitive and motor skills and slows your reaction time. Despite the obvious dangers, millions of people still operate bicycles under the influence. According to the Centers for Disease Control and Prevention, 3.2 percent of Iowans admit to getting behind the wheel after drinking too much in the past 30 days, significantly higher than the national average of 1.9 percent.

Statistical Snapshot of Alcohol-Related Bike Accidents

The National Highway Traffic Safety Administration provides some alarming statistics:
- In 34 percent of fatal bicycle accidents, either the cyclist or the driver was under the influence of alcohol.
- Of all the bicyclists who died in traffic accidents in 2013, 20 percent had a blood alcohol concentration (BAC) of 0.08 g/dL, and nearly one-quarter had a BAC of 0.01 g/dL.

Intoxication Affects Bike Accident Liability

Operating a bike while intoxicated is considered negligence in an accident claim or lawsuit. If you cause an accident while inebriated, you will be held responsible for the damages because Iowa is an at-fault car insurance state. This means that when you hurt someone, they are legally entitled to pursue recovery from you.

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.