Huxley Personal Injury Attorneys

When accidents and injuries abruptly disrupt lives, personal injury lawyers become essential. They focus on representing those harmed by negligence, ensuring they get the compensation they deserve. This article examines the crucial role personal injury lawyers play in guiding individuals through their claims and aiding in recovery.

Determining Fault in a Left Turn Accident Involving a Motorcycle

Establishing fault in a vehicle-motorcycle collision can be complex, particularly when a vehicle turns left in front of a motorcycle. While it’s often assumed that the driver making the left turn is at fault, various factors must be considered to determine liability accurately.

Fault in Left Turn Accidents

When a vehicle makes a left turn in front of a motorcycle, the driver is generally presumed to be at fault. This presumption is based on the rule that vehicles making a left-hand turn must yield to oncoming traffic. However, there are nuances to this rule that can influence fault determination.

For example, if a motorcycle is speeding or runs a red light, the motorcyclist might share or assume full responsibility for the accident. These exceptions highlight the importance of examining the specific circumstances of each incident.

Common Causes of Car-Motorcycle Collisions

One of the most frequent causes of car-motorcycle collisions is the driver's inability to see the motorcycle. Despite this, all drivers have a legal obligation to check for oncoming traffic, including motorcycles, before making a left turn. Failure to do so could result in the driver being found liable for any resulting accident.

Understanding Iowa Dramshop Claims

Iowa’s Dramshop Law holds bars and other establishments accountable for serving alcohol to intoxicated individuals who subsequently cause harm. There are two primary scenarios where dramshop liability applies:

1. OWI Accidents: An intoxicated person leaves a bar, drives, and causes an accident.
2. Bar Fights: An intoxicated patron assaults others at the bar.

Proving a Dramshop Claim

To establish a dramshop claim, it must be shown that the bar or its employees either:

- Served alcohol to an already intoxicated person, or
- Continued to serve alcohol to someone until they became intoxicated.

Bars must exercise reasonable care to identify and refuse service to intoxicated patrons. Failure to do so can result in liability for any harm caused by these patrons.

Damages in Dramshop Cases

Victims can seek compensation for:

- Medical expenses
- Lost wages
- Property damage
- Pain and suffering
- Wrongful death

It’s important to note that only those injured by the intoxicated patron can file a dramshop claim. The intoxicated individual cannot sue the bar for their own intoxication-related injuries.

Social Hosts and Dramshop Liability

Iowa’s dramshop laws apply only to licensed vendors, not to private citizens hosting parties. Therefore, social hosts cannot be held liable under these laws for serving alcohol at private events.

Understanding Comparative Negligence in Iowa Car Accident Claims

Iowa follows a modified comparative fault rule when determining liability in car accidents. Under this rule, you can recover damages only if you are found to be 50% or less at fault for the accident. If your fault is 51% or higher, you cannot recover any damages.

Modified Comparative Fault – 51% Rule

Under Iowa's comparative fault rule, the amount of damages you can recover is reduced by your percentage of fault. For instance, if you were speeding and involved in an accident where the other driver made an unsafe lane change, your speeding might reduce the damages you can claim.

Importance of Legal Assistance

Proving negligence in a car accident is critical to recovering compensation. Legal assistance is particularly important in severe injury cases, as it helps establish that the other driver was more negligent.

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.