Nevada Personal Injury Attorneys

Accidents and injuries can abruptly alter lives. In these trying times, personal injury lawyers are invaluable. They focus on advocating for victims of negligence, ensuring they secure the compensation they deserve. This article highlights the crucial role personal injury lawyers play in navigating claims and helping individuals rebuild their lives.

Comprehensive Guide on Legal Claims and Accident Prevention in Iowa

Accidents and legal claims in Iowa can be complex, whether they involve drunk drivers, bicycle mishaps, or dealing with insurance companies. This comprehensive guide explores dramshop claims, bicycle accident prevention, and common tactics used by insurance adjusters in personal injury cases. Understanding these elements can help you navigate the legal landscape and protect your rights.

What Has to Be Proven in an Iowa Dramshop Claim?

In Iowa, dramshop claims involve holding bars, restaurants, or other establishments accountable for serving alcohol to intoxicated individuals who then cause harm. There are two primary ways to prove such a claim:

1. Alcohol-Related Car Accidents: A person is served excessive alcohol at a bar or restaurant, leaves while intoxicated, is involved in a car accident, and is subsequently charged with operating a vehicle while intoxicated (OWI).
2. Barroom Assaults: An intoxicated patron assaults others at the bar.

Iowa’s Dramshop Law holds the bar owner, liquor licensee, or permittee (e.g., bartender or waitstaff) responsible if they:

- Serve alcohol to an intoxicated person when they knew or should have reasonably known the person was intoxicated.
- Serve alcohol to a person to the point of intoxication when they knew or should have reasonably known the person would become intoxicated if service continued.

Legal Obligations: Establishments must exercise reasonable care to detect signs of intoxication and cease serving alcohol when necessary. They are also required to have dramshop liability insurance to cover damages caused by intoxicated patrons.

Civil Damages: Victims can claim medical bills, lost wages, property damage, pain and suffering, and wrongful death. However, the intoxicated person themselves cannot sue the bar; only those injured by the intoxicated patron can file a claim.

Social Hosts: Iowa’s dramshop laws do not apply to private citizens hosting parties; the law is specific to licensed vendors.

Bicycle Accidents in Iowa: Prevention and Response

Bicycle accidents are a significant concern in Iowa, with Polk County having the highest number of incidents from 2009-2014. Here are common accident types and prevention tips:

Right Hook Accidents: These occur when a car making a right-hand turn collides with a cyclist. To avoid this:
- Position yourself slightly in front of vehicles at red lights or stop signs.
- Never pass a vehicle on the right.

Dooring Accidents: When a parked car door is suddenly opened into the path of a cyclist. To prevent this:
- Use bike lanes when available.
- Stay alert for parked cars and slow down near them.

Left-Turn Accidents: These happen when a vehicle turns left into the path of an oncoming cyclist. Prevention includes:
- Using bike lights and wearing bright colors to increase visibility.
- Making eye contact with drivers before proceeding through intersections.

Failure to Yield: Cyclists should always exercise caution at intersections, even when they have the right of way.

Common Tactics and Defenses Insurance Adjusters Use in Personal Injury Cases

Insurance adjusters often employ tactics to deny, delay, or minimize personal injury claims. Being aware of these tactics can help you protect your rights:

Accessing Medical Records: Adjusters may request access to your full medical history to find pre-existing conditions and minimize your claim. Only provide records related to the accident.

Low-Ball Offers: Adjusters may offer quick, low settlements to close the case before the full extent of your injuries is known. Never accept an offer without consulting a lawyer.

Surveillance: Adjusters may monitor you to find evidence that contradicts your injury claims. Always follow your doctor’s advice and avoid strenuous activities.

Discouraging Legal Counsel: Adjusters may advise against hiring a lawyer, knowing that legal representation can prevent them from using these tactics effectively.

Protection Strategies:
- Review your insurance policy carefully.
- Refuse broad medical release authorizations.
- Assume you are being observed and act accordingly.
- Consult a lawyer before accepting any settlements.

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.