Woodward Personal Injury Attorneys

Sudden accidents and injuries can drastically alter lives. During these difficult moments, personal injury lawyers are essential. They specialize in representing those harmed by others' negligence, ensuring they get rightful compensation. This article discusses the significant role personal injury lawyers play in navigating claims and helping people reclaim their lives.

Options for Compensation after a Bicycle Accident Hit and Run

The Prevalence and Impact of Hit and Run Bicycle Accidents

Hit and run bicycle accidents are, unfortunately, all too common. National bicycle accident statistics reveal that over 800 pedalcyclists died in accidents in 2015. This troubling figure underscores the frequency and severity of these incidents. Often, drivers who cause these accidents flee the scene out of fear of legal repercussions, especially if they are driving under the influence or without a license. This irresponsible behavior significantly complicates the process for bicyclists to recover financial damages after suffering an accident.

Finding the Driver Responsible for Your Accident

If you are hurt by a hit-and-run driver, it is important not to lose hope. Drivers with a conscience sometimes come back to turn themselves in. Law enforcement agencies also have various tools at their disposal to track down these drivers. Traffic or surveillance camera footage and eyewitness testimonies can be instrumental in identifying the perpetrator.

Engaging the local news station to cover your story can also be beneficial. Publicizing the incident may prompt viewers to provide tips that could lead to identifying the driver. Once the driver is found, they will face criminal charges, and you will be able to file a claim with their insurer or sue them directly for the harm you’ve sustained.

Obtaining Compensation after a Hit and Run Bike Accident

If the driver is located, you can file a claim with their insurance company to cover your damages. However, if the driver remains unidentified, your damages might be compensable under your auto insurance policy’s uninsured/underinsured motorist coverage (UM/UIM).

UM/UIM Coverage

UM/UIM coverage can help in the following situations:
- The driver does not have insurance.
- The driver has insufficient insurance to cover your damages.
- The driver flees the scene.

UM/UIM coverage usually extends to include traffic accidents when you are a pedestrian or bicyclist. However, it is important to note that not all auto policies include UM/UIM coverage, as it is optional in Iowa. If you do carry this coverage, the minimum amounts are $20,000 per person and $40,000 per accident. Check with your insurance agent to understand the specifics of your coverage.

Understanding Iowa's Dramshop Claims

Iowa’s Dramshop Law provides another avenue for seeking compensation in certain situations. This law holds bars and other establishments accountable for serving alcohol to individuals who are already intoxicated or would become intoxicated if served further. 

Proving an Iowa Dramshop Claim

There are two typical ways to establish a dramshop claim:
1. Serving an Already Intoxicated Person: A bar or restaurant serves alcohol to someone who is visibly intoxicated, and that person then causes an accident.
2. Over-serving to Intoxication: A bar or restaurant continues to serve a patron until they reach a level of intoxication that should have been foreseeable as dangerous.

Bars and restaurants are legally required to exercise reasonable care in detecting signs of intoxication and stopping service to those patrons. Iowa Code § 123.92 mandates that establishments licensed to serve liquor must have dramshop liability insurance to cover damages to injured victims of their intoxicated patrons.

Damages Recoverable in a Dramshop Case

Victims can recover various damages in a dramshop case, including:
- Medical bills
- Lost wages
- Damaged property
- Pain and suffering
- Wrongful death

Limitations and Exclusions

Only those injured by the intoxicated patron (referred to as "second parties") can sue the establishment. The intoxicated individual (the "first party") cannot sue the bar or restaurant. Additionally, Iowa's dramshop laws do not apply to social hosts serving alcohol at private parties; they only apply to licensed vendors.

Preventing Alcohol-Related Bike Accidents

Just like drinking and driving, drinking and biking is a dangerous combination. Alcohol impairs cognitive and motor skills and slows reaction times. Despite the dangers, many people still bike under the influence. The Centers for Disease Control and Prevention report that 3.2 percent of Iowans admit to driving after drinking too much in the past 30 days, which is higher than the national average of 1.9 percent.

Statistics on Alcohol-Related Bike Accidents

Statistics from the National Highway Traffic Safety Administration highlight the risks:
- In 34 percent of fatal bicycle accidents, either the cyclist or the driver was under the influence of alcohol.
- Of all bicyclists who died in traffic accidents in 2013, 20 percent had a blood alcohol concentration of 0.08 g/dL, and nearly one-quarter had a BAC of 0.01 g/dL.

Legal Implications of Intoxicated Biking

Cycling while intoxicated can lead to severe legal consequences. If you are involved in an accident while your BAC exceeds legal limits, you will face criminal charges, including possible jail time, fines, and loss of driving privileges. Additionally, intoxicated cycling is considered negligence in an accident claim or lawsuit. Under Iowa's at-fault insurance system, you will be responsible for the damages you cause if you are intoxicated at the time 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.