Manson Personal Injury Attorneys

When accidents and injuries unexpectedly disrupt lives, personal injury lawyers become indispensable. They advocate for those harmed by negligence, helping them secure fair compensation. This article examines the vital role personal injury lawyers play in guiding individuals through their claims and aiding in recovery.

Understanding Damages in Dram Shop Claims

Overview of Dram Shop Law

A dram shop claim involves holding a person or business with a liquor license accountable for serving excessive alcohol to an individual who subsequently causes an accident resulting in injury or death. In Iowa, specific legal requirements and liability variables are outlined in Iowa Code § 123.92. Timely and precise notice to the bar or liquor license holder is crucial for pursuing a claim, and the injured party bears the burden of proof.

Types of Damages in Dram Shop Claims

The damages available in a dram shop claim in Iowa are similar to those in a personal injury claim:
- Medical Bills: Covers all medical expenses, including prescribed rehabilitation.
- Pain and Suffering: Includes compensation for physical pain and emotional trauma, such as PTSD or severe disfigurement.
- Lost Income: Compensation for lost wages, self-employment earnings, and work-related benefits.
- Property Damage: Covers repair or replacement of the victim's vehicle and any items inside at the time of the accident.
- Wrongful Death: Compensation for medical and funeral expenses, lost future income, loss of consortium, and other related costs.
- Punitive Damages: Awarded in cases where the defendant showed a willful disregard for the victim's safety.

Filing a Claim

Victims must file a notice of intent to claim against the establishment's licensee or permittee within six months of the accident. The statute of limitations for filing the injury claim is two years from the date of the accident.

Preventing Alcohol-Related Bike Accidents

Dangers of Drinking and Biking

Alcohol impairs cognitive and motor skills, significantly increasing the risk of accidents. In Iowa, 3.2% of residents admit to driving after drinking too much, which is higher than the national average.

Statistics on Alcohol-Related Bike Accidents

According to the National Highway Traffic Safety Administration:
- 34% of fatal bicycle accidents involve alcohol.
- 20% of bicyclists who died in traffic accidents had a BAC of 0.08 g/dL or higher.
- Nearly one-quarter had a BAC of 0.01 g/dL.

Legal Implications

Biking or driving under the influence can lead to criminal charges, including fines, jail time, and lost driving privileges. It also establishes negligence in accident claims, making the intoxicated party liable for damages.

Rules of Driving on the Road When a Pedestrian is Present

Pedestrian Safety and Motorist Responsibilities

The National Highway Traffic Safety Administration reports that about 70,000 pedestrians are injured annually in the U.S. Iowa has specific laws to protect pedestrians, emphasizing the motorist's responsibility to avoid accidents.

Iowa Rules of the Road Around Pedestrians

Motorists must yield to pedestrians when:
- Entering or leaving driveways, parking lots, or alleys.
- Pedestrians are crossing at intersections on marked or unmarked crosswalks without traffic signals.

Motorists must exercise special caution in:
- Residential areas
- Vicinity of schools
- Shopping centers
- Parking lots
- Congested areas

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.