Mount Vernon Personal Injury Attorneys

Accidents and injuries can abruptly alter lives. In such challenging periods, personal injury lawyers are vital. They advocate for individuals affected by negligence, ensuring they receive rightful compensation. This article discusses the crucial role personal injury lawyers play in guiding individuals through their claims and aiding in recovery.

Iowa Pedestrian Law as It Applies to Pedestrians

According to the National Highway Traffic Safety Administration (NHTSA), more than 4,000 pedestrians are killed and tens of thousands are injured in traffic accidents annually in the United States. It is imperative for pedestrians to understand the laws in their state to ensure compliance and prevent accidents. The NHTSA also reports that 75 percent of pedestrian accidents occur in urban areas, on clear or cloudy days, and at nighttime. Understanding Iowa’s pedestrian laws can help individuals avoid accidents and protect their rights in the event of an incident.

The Pedestrian Laws in Iowa

In Iowa, traffic laws require pedestrians to obey road rules and traffic control signals. These laws also specify who has the right of way at intersections and other locations on the road. Pedestrians have the right of way at intersections without traffic lights and when walking on both marked and unmarked crosswalks.

Motorists must yield to pedestrians when entering or leaving:
- A driveway
- A parking lot
- An alley

However, pedestrians should exercise caution when crossing roads and never assume that a vehicle will stop, even if the law requires it.

Pedestrians must yield to motorists and cyclists when crossing a road at any point other than an intersection, or where there are no marked or unmarked crosswalks. They also must yield when crossing a roadway where a pedestrian tunnel or overhead crossing is available.

Additionally, pedestrians must walk on the left side of the road, facing oncoming traffic, when there is no sidewalk. This allows pedestrians to see approaching vehicles and move out of the way if necessary.

Iowa laws also address hitchhiking, prohibiting pedestrians from standing on the roadway to solicit rides. However, they may stand on areas not typically used by vehicles to solicit rides.

Law-Abiding Pedestrians Who End Up as Accident Victims

Despite following pedestrian laws, individuals can still become victims of traffic accidents due to motorists’ negligence. Injured pedestrians can seek compensation for their physical and emotional trauma by filing a claim. To do so, they must prove the motorist’s fault and demonstrate the damages incurred.

Victims can present:
- Medical bills
- Evidence of lost wages
- Documentation, testimony, or other evidence to establish various types of damages

Obtaining the guidance of a personal injury attorney can be crucial for collecting evidence and building a strong case.

What are the Available Damages in Dramshop Claims?

Damages available in an Iowa personal injury claim are similar to those in dramshop claims, which involve establishments serving too much alcohol to an individual who then causes an accident. The damages may include:

- Medical Bills: All medical expenses associated with the accident, including prescribed rehabilitation.
- Pain and Suffering: Compensation for physical and emotional suffering, such as PTSD or trauma from severe disfigurement.
- Lost Income: Compensation for lost wages or income if the victim is self-employed, including benefits like medical insurance or retirement contributions.
- Damaged Property Repair or Replacement: Costs to repair or replace the victim’s vehicle and any belongings damaged in the accident.
- Wrongful Death: Compensation for medical and funeral expenses, lost future income, loss of consortium, and other expenses due to the untimely death of a family member.
- Punitive Damages: Awarded if the defendant showed willful disregard for the victim’s safety.

Basics of Dramshop Law

A dramshop claim involves suing a person or business with a liquor license for serving excessive alcohol to an individual who later causes an accident. Specific legal requirements and liability variables are outlined in Iowa Code § 123.92. The injured victim must provide written notice of intent to file a claim within six months of the accident, and the statute of limitations for filing the claim is two years from the date of the accident.

Common Defenses Drivers Have to Bicyclists' Accident Claims

The cost of pedestrian and cyclist injuries in motor vehicle accidents totals approximately $55 billion in lifetime expenses for victims. Injured cyclists often file claims against drivers, who may use various defenses to refute liability. It is important to have a skilled accident attorney to counter these defenses.

Common Defenses in Bicycle Accident Claims

Drivers and their insurers may use the following defenses:

- Helmet Use: Arguing the cyclist was partly at fault for injuries due to not wearing a helmet.
- Not Obeying Traffic Rules: Claiming the cyclist was speeding, not stopping appropriately, or riding against traffic.
- Distraction: Arguing the cyclist was distracted by headphones, a phone, or daydreaming.
- Lack of Visibility: Claiming the driver could not see the cyclist, possibly due to no rear lights or dark clothing.

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.