Sigourney Personal Injury Attorneys

Sudden accidents and injuries can drastically disrupt lives. During these trying times, personal injury lawyers are crucial allies. They specialize in representing those harmed by negligence, helping them secure proper compensation. This article explores the essential role personal injury lawyers play in guiding individuals through their claims and aiding in recovery.

Proving Liability for a Car in a Right Turn Bicycle Accident

When a car turning right strikes a bicyclist, it's often referred to as a "right hook" accident. This commonly happens when a cyclist is riding on the right shoulder of the road or in the bike lane alongside a car. In these types of accidents, it's usually the driver's fault, but to prove that they were liable for your injuries you must present proper evidence of their negligence.

How Right Turn Bicycle Accidents Occur

Right turn bicycle accidents typically occur in several common scenarios:

1. Intersection Approach: A bicyclist and a car approach an intersection, and the car turns right without seeing the bicyclist until it's too late.
2. Overtaking Vehicles: A bicyclist overtakes a slower-moving car on the right, unintentionally placing themselves in harm's way when the car turns right.
3. Stopped at Lights: Both a bike and a car are waiting at a light. When the signal changes, the car turns right, cutting off or hitting the cyclist.

Liability for a Right Turn Bicycle Accident

To prove the driver's fault in a right turn bicycle accident, several types of evidence are necessary:

- Police Reports: Detail the accident scene and the events as described by the responding officer, including any citations issued.
- Eyewitness Accounts: Provide valuable insights into the actions of both the bike and the car before the collision.
- Negligent Driving Behaviors: Evidence showing the driver was speeding, failed to use a turn signal, or abruptly changed lanes can establish negligence.
- Cyclist’s Actions: If witnesses indicate that the bicyclist was swerving between lanes, riding too close to vehicles, or ignoring traffic control devices, these can be used as a defense by the driver.

Additionally, video or photographic evidence from traffic or surveillance cameras can be crucial.

Avoiding Right Turn Bicycle Accidents

Cyclists can take steps to reduce the risk of right turn accidents by:

- Keeping a safe distance behind vehicles to anticipate turns or lane changes.
- Checking mirrors for nearby vehicles when approaching an intersection.
- Avoiding passing a car on the right unless necessary and ensuring there is enough space to maneuver if a car turns right.

What Has to be Proven in an Iowa Dramshop Claim?

In Iowa, there are two typical scenarios for dramshop claims:

1. Over-serving Alcohol: A person is served too much alcohol at a bar or restaurant, leaves while intoxicated, and gets involved in a car accident, subsequently charged with OWI.
2. Drunken Assaults: An intoxicated bar patron assaults others at the bar.

Iowa’s Dramshop Law holds the bar owner, liquor licensee, or permittee accountable if they:

- Serve alcohol to an intoxicated person when they knew or should have reasonably known the person was intoxicated.
- Serve alcohol to the point where the person would become intoxicated if they continued to serve them.

Bars must exercise reasonable care to detect signs of intoxication and stop serving alcohol to such patrons. Iowa Code § 123.92 requires dramshop liability insurance to cover damages to victims.

Damages in Dramshop Cases

Victims can recover various damages in dramshop cases, including:

- Medical bills
- Lost wages
- Damaged property
- Pain and suffering
- Wrongful death

Who Can Sue in a Dramshop Case?

Only those injured by the intoxicated patron (second parties) can sue the bar or restaurant. The intoxicated person themselves (first parties) cannot. The law also does not apply to private citizens hosting parties, only to licensed vendors.

How Much Space Must Drivers Give Cyclists Under Iowa Law?

Iowa law does not specify an exact distance for vehicles to give cyclists but states that they must pass at a "safe distance." While this is somewhat arbitrary, a three-foot distance is a good standard to follow, as adopted by other states.

Consequences of Failing to Maintain a Safe Distance

Driving too close to a cyclist can cause severe accidents, such as:

- Striking the cyclist
- Forcing the cyclist into traffic
- Running the cyclist off the road

Proving Liability for Unsafe Distance

To hold a driver accountable for an accident caused by unsafe distance, the following evidence can be crucial:

- Witness Testimony
- Video Footage
- Police Reports
- Testimonies of Involved Parties
- Physical Evidence

Proving fault allows the cyclist to recover damages for both economic and noneconomic losses.

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.