Ogden Personal Injury Attorneys

Accidents and injuries can unexpectedly change lives. During these challenging periods, personal injury lawyers are invaluable allies. They advocate for individuals affected by others' negligence, ensuring they receive rightful compensation. This article discusses the crucial role personal injury lawyers play in navigating claims and helping people reclaim their lives.

Determining Fault in Vehicle-Motorcycle Accidents

When a vehicle turns left in front of a motorcycle and causes an accident, determining fault can be complex. In most cases, the driver of the vehicle making the left turn is found liable, but exceptions do exist. A Ogden, Iowa injury law firm can help evaluate the specifics of your accident to establish fault.

Motorcycles can be difficult for other drivers to see, making left-turn accidents common. However, the responsibility still lies with the driver to ensure it is safe to turn. By law, drivers must yield the right of way to oncoming traffic, and failure to do so often results in liability for any resulting accident.

For example, if you were riding through the intersection of E. 9th Street and E. University Avenue, and a car attempted a left turn and collided with you, the driver would likely be found liable. However, if you were speeding or ran a red light, your own negligence could diminish or eliminate the other driver's liability.

Proving Liability in Iowa Dramshop Claims

Iowa's Dramshop Law holds bars, restaurants, and their employees liable for serving alcohol to intoxicated patrons who then cause harm to others. There are two typical scenarios:
1. A person is served too much alcohol, leaves the establishment while drunk, and is involved in a car accident.
2. A drunk patron assaults someone at the bar.

Requirements for a Dramshop Claim

To prove a dramshop claim in Iowa, you must show that the bar or restaurant:
- Served alcohol to an already intoxicated person when they knew or should have known the person was intoxicated.
- Continued to serve alcohol to a person who they knew or should have known would become intoxicated if they did not stop serving.

Licensed establishments are required to have dramshop liability insurance to cover damages caused by their intoxicated patrons. The Iowa Supreme Court has clarified that the plaintiff does not need to prove that the intoxicated person consumed the alcohol that caused the injury on the premises.

Types of Damages

Victims can seek compensation for:
- Medical bills
- Lost wages
- Damaged property
- Pain and suffering
- Wrongful death

Limitations and Exceptions

Only those injured by the intoxicated patron (second parties) can file a dramshop claim. The intoxicated person themselves (first party) cannot sue the bar or restaurant. Additionally, private citizens hosting parties are not liable under Iowa's dramshop laws; the law applies only to licensed vendors.

Rules of Driving Around Pedestrians in Iowa

According to the National Highway Traffic Safety Administration, about 70,000 pedestrians are injured annually in the U.S. despite well-established laws for pedestrian safety. In Iowa, specific laws dictate how motorists should behave around pedestrians to prevent accidents.

Motorists must give the right of way to pedestrians when:
- Entering or leaving a driveway, parking lot, or alley.
- Pedestrians are crossing at intersections, whether marked or unmarked, without traffic signals.

Drivers must exercise special caution in:
- Residential areas
- Vicinity of schools
- Near shopping centers
- Parking lots
- Congested areas (such as downtown)

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.