Traer Personal Injury Attorneys

Life can be abruptly disrupted by accidents and injuries. In such challenging moments, personal injury lawyers are essential. They advocate for those affected by negligence, helping them obtain fair compensation. This article highlights the crucial role personal injury lawyers play in guiding individuals through their claims and aiding in recovery.

Bicycle Accidents in Iowa: How to Avoid Them and What to Do When It Happens to You

In Iowa, there were five pedalcyclist fatalities in 2011, according to the National Highway Traffic Safety Administration. Polk County had the most bicycle-car accidents in Iowa from 2009-2014. The goal is to reduce the number of bicyclist accidents in the state to zero. If you’re a bicyclist, here are some of the most common types of bicycle accidents, and what you can do to prevent them from happening:

Common Types of Bicycle Accidents and How to Avoid Them

A Right Hook Accident

A right hook accident occurs when a car making a right-hand turn cuts off a cyclist. These accidents can happen at intersections or when a vehicle is pulling out of a driveway or parking lot. Because some drivers fail to use their turn signals, predicting when a car will turn in front of you can be challenging.

To avoid this type of accident, ensure that when stopped at a red light or stop sign, you position yourself slightly ahead of vehicles in the right-hand lane. This makes you more visible to motorists. Additionally, never pass a vehicle on the right, as the driver may not expect you and could turn into your path. Instead, always pass on the left.

A "Dooring" Accident

A "dooring" accident can be severe. This occurs when a cyclist rides between the lanes of traffic and parked cars on the right-hand side of the road. If a motorist suddenly opens their car door, it can block the cyclist's path or hit the cyclist directly, potentially causing them to swerve into traffic.

To avoid dooring accidents, use bike lanes whenever available. If no bike lane exists, stay alert for parked cars, slow down, and pay attention when approaching one.

A Vehicle Turning Left

At intersections, left-turning vehicles are typically required to yield to oncoming traffic unless they have a green turn arrow. However, bicyclists can be harder to see than other vehicles, especially in poor lighting. Consequently, a vehicle might turn left directly into or in front of a cyclist.

To prevent this, ensure your bike has proper lighting and wear bright colors to improve visibility. Try to make eye contact with left-turning drivers before proceeding through an intersection. Avoid riding on sidewalks, as drivers may not check for fast-moving vehicles there.

Failure to Yield

Bicycle accidents often occur when cyclists fail to yield at intersections. Misjudging the speed and distance of oncoming cars can lead to collisions.

Always exercise caution when entering intersections. Even if you have the right of way, double-check to ensure other drivers see you and that it is safe to proceed.

What Has to Be Proven in an Iowa Dramshop Claim?

There are two typical ways to prove an Iowa dramshop claim. One scenario is when a person is served too much alcohol at a bar or restaurant, leaves the establishment while drunk, is involved in a car accident, and is subsequently charged with OWI (operating a vehicle while intoxicated). The other occurs when a drunk bar patron assaults one or more people at the bar.

Iowa’s Dramshop Law holds the bar owner, liquor licensee, or permittee (bartender or waitperson) liable 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 a point where the owner, bartender, or waitstaff knew or should have reasonably known the person would become intoxicated if they continued serving.

Bars and other establishments licensed to serve liquor must exercise reasonable care to detect signs of intoxication in their patrons. If employees identify someone who’s had too much to drink, they cannot serve them more alcohol: [Iowa Code § 123.92].

Liability and Damages in Dramshop Cases

Virtually all these establishments must have dramshop liability insurance to pay damages to the injured victims of their intoxicated patrons. Damages available in a dramshop case include:
- Medical bills
- Lost wages
- Damaged property
- Pain and suffering
- Wrongful death

Can Intoxicated Persons Sue the Bar Owner in an Iowa Dramshop Case?

Only those injured by the intoxicated patron (referred to as the “second party”) can sue the bar or restaurant establishment. The intoxicated person (first party) cannot.

Are Private Citizens Who Host a Party Liable Under Iowa’s Dramshop Laws?

The law applies only to vendors licensed to sell alcohol in restaurants and bars. It does not apply to “social hosts” who serve alcohol at private parties or functions: [Iowa Code § 123.49].

Types of Alternative Dispute Resolutions for Personal Injury Cases

Many personal injury cases are resolved through negotiations with an insurance company. However, some disputes require alternative means of reaching an agreement to avoid going to trial. Here are some types of alternative dispute resolutions (ADR) that claimants might utilize and how they function.

Arbitrating a Personal Injury Case

Arbitration is similar to a courtroom hearing but with fewer rules surrounding the use of evidence. An arbitrator:
- Reviews the facts and evidence
- Listens to testimony from witnesses
- Makes a final decision

Arbitration is less costly than litigation and usually takes less time. It can be binding or non-binding, meaning the arbitrator's decision will be final or the parties may choose not to accept it, respectively.

Both parties must agree on who will serve as the arbitrator. The hearing can be held in virtually any setting, making it more convenient. At the arbitration hearing, both parties present their case. There may or may not be opening and closing statements. Facts are established through evidence such as tangible items, medical records, pictures, video footage, and other pertinent documentation. Witnesses provide testimony and are cross-examined.

Mediating a Personal Injury Case

Mediation is an even less formal method of reaching a resolution. It’s more commonly used in personal injury cases and avoids litigation, saving time, money, and stress. The mediator is an unbiased third party who doesn’t make a decision or ruling but helps both parties share their sides and guide them toward a mutually satisfactory agreement.

Most mediation starts with both parties meeting together. Then the mediator will take each party to a separate room. Offers, demands, questions, and requests may go back and forth as the mediator moves between parties. It often requires some compromise. If the matter cannot be resolved, it may go to trial.

Pros and Cons of Alternative Dispute Resolutions

The benefits of ADR include saving time, money, and hassle. Parties may approach these alternatives in a calmer and more rational manner. In mediation, parties have more say in the final outcome. However, ADR may incur costs without producing results, leading to additional expenses for litigation.

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.