Tipton Personal Injury Attorneys

Sudden accidents and injuries can significantly change lives. In such difficult moments, personal injury lawyers are vital allies. They advocate for those harmed by others' negligence, helping them obtain rightful compensation. This article highlights the significant role personal injury lawyers play in navigating claims and aiding in recovery.

How to Prevent Alcohol-Related Bike Accidents

Just like drinking and driving, drinking and biking do not mix. Alcohol impairs your cognitive and motor skills and slows your reaction time. Despite the obvious dangers of operating a motor vehicle or bicycle while under the influence of alcohol, millions of people still do it. Roughly 3.2 percent of Iowans admit to getting behind the wheel in the past 30 days after drinking too much, which is significantly higher than the national average of 1.9 percent, according to the Centers for Disease Control and Prevention.

Statistical Snapshot of Alcohol-Related Bike Accidents

Statistics don’t lie. One glance at the following figures provided by the National Highway Traffic Safety Administration and it becomes obvious just how deadly the mix between alcohol and driving/biking can be.

- In 34 percent of fatal bicycle accidents, either the cyclist or the driver was under the influence of alcohol.
- Of all the bicyclists who died in traffic accidents in 2013, 20 percent had a blood alcohol concentration of 0.08 g/dL, the legal limit for alcohol, and nearly one-quarter of them had a BAC of 0.01 g/dL.

Intoxication Affects Bike Accident Liability

In addition to putting your and others’ lives in danger when you bike or drink while under the influence, you also put yourself at risk legally. First of all, if you are ever responsible for an accident and your BAC exceeded the legal limits, you will be subject to criminal charges. This can mean jail time, fines, and lost driving privileges, among other penalties.

Also, driving or cycling while intoxicated is considered negligence in an accident claim or lawsuit. As such, if you are in a crash and were inebriated at the time, you will be the party responsible for the damages. This is because Iowa is an at-fault car insurance state. This means that when you hurt someone, they are legally entitled to pursue recovery from you, i.e., sue you.

Helmet Use and Your Bicycle Accident Claim: It Matters

When filing a claim for injuries sustained during a bicycle accident, it’s likely that you’ll have questions about who’s at fault and how error will impact your settlement amount. What’s more, if you abstained from helmet use, your bicycle accident claim can be affected by this choice.

Iowa Helmet Laws

Whether or not you were wearing a helmet may not be relevant to your claim based on the fact that Iowa is one of 13 states in the nation with no bicycle helmet law. As such, there is no legal obligation to wear a helmet in the state. Riders of any age in Iowa do not have to wear helmets. Thus, the fact that you were not wearing a helmet doesn't automatically mean you are a negligent or lawless person.

Comparative Negligence Laws

However, the fact that there is no bicycle helmet law in Iowa does not mean that the defendant will not try to argue that you acted negligently. Negligence, which is what determines who’s at fault for an accident, is loosely defined as an act of irresponsible and unreasonable behavior.

It is possible that the defense could make a case that, despite the lack of legal requirement, the importance of a helmet is common knowledge, and therefore not wearing one is unreasonable and unsafe.

An allegation of dangerous behavior on your part is particularly relevant if the injuries sustained are head injuries. Injuries to other regions of the body usually don't hinge on whether or not you wore a helmet. Besides helmets, there are other rules relating to cycling in Iowa, such as the rear light law. Check with a bicycle attorney to see if this relates to your case.

If the driver argues that your actions were unreasonable, then your claim may fall subject to the state’s comparative negligence laws. These laws do not bar a victim from recovering damages when the victim is less than 50 percent at fault for the accident. However, the law does diminish the victim’s recovery amount by their proportion of the blame.

Proving the Negligence of the Other Party

Even if your injury was to the head, it is still possible to hold the other party completely liable. To do so, you will have to demonstrate that, helmet or not, the other party acted negligently and that your injuries would not have been sustained but for these negligent actions.

What Are the Available Damages in a Dram Shop Claim?

The damages one would obtain in an Iowa personal injury claim are the same as the damages in a dram shop claim; they are as follows:

- Payment of all medical bills associated with the accident, including any prescribed physical or occupational rehabilitation.
- Pain and suffering: This includes physical and emotional suffering if the victim experiences post-traumatic stress disorder (PTSD) or the emotional trauma of permanent loss of a limb and severe disfigurement.
- Lost income: This includes either job-related wages or monies earned if the victim is self-employed or a business owner. Any work-related benefits such as paid employee medical, insurance, or retirement contributions may also be collected.
- Damaged property repair or replacement: This includes the victim’s vehicle and any items in it at the time of the accident.
- Wrongful death: This is commonly demanded by family survivors. This can include all medical and funeral expenses, lost future income that would have been earned by the deceased, loss of consortium, and other incurred expenses that can be attributed to the untimely death of the beloved family member.
- Punitive damages: These are commonly awarded by a judge or jury in addition to the actual (requested) damages if the defendant showed a willful disregard for the victim’s safety.

Basics of Dram Shop Law

A dram shop claim is one levied against a person or business that has a liquor license, for serving too much alcohol to an individual that later causes the intoxicated person to get into a car accident (most often) resulting in injury or death to another. Specific legal requirements regarding claims are involved, and there are several liability variables; all of which are outlined in Iowa Code § 123.92, and subsequent rulings of law.

Though Iowa has a Dram Shop Law, other states – such as Nebraska – do not. In Iowa, there are relatively brief and precise time limits for providing written notice to the bar or liquor license holder of an injured victim’s intent to file a claim or lawsuit for damages; and the injured victim bears the burden of proof for the dram shop claim (or the survivors of a wrongfully deceased victim).

If Someone is Hit by an Intoxicated Driver, Does He or She Sue Only the Bar?

Not at all. Injured victims also have a strong civil case against the drunk driver. What likely happens is the victim sues both defendants and each pays a percentage of the victim’s reasonable damage total; any punitive damages notwithstanding.

What is the Amount of Time a Drunk Driving Accident Victim Can File a Dram Shop Law Claim?

The notice of intent to file a claim against the establishment’s licensee (usually the owner) or permittee (bartender or waitperson) is short: six months after the accident, and the information in the notice must be very precise, suggesting the need for an experienced dram shop law attorney’s assistance. The statute of limitations to file the injury claim is two years from the date of the accident.

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.