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Accidents and injuries can swiftly change lives. During these difficult times, personal injury lawyers are indispensable. They represent individuals harmed by others' negligence, ensuring they receive rightful compensation. This article examines the significant role personal injury lawyers play in navigating claims and helping people rebuild their lives.

Rules of Driving on the Road When a Pedestrian is Present

According to the National Highway Traffic Safety Administration, every year about 70,000 pedestrians are injured in motor vehicle accidents on the roads and highways of the United States. Despite the presence of well-established laws for pedestrians and motorists, many of these accidents happen because of ignorance about the rules of driving on the road around pedestrians.

Iowa Rules of the Road Around Pedestrians

Apart from the general Iowa traffic laws, the Iowa Department of Transportation also lays down laws for motorists specifically for situations where a pedestrian is present. The burden of responsibility lies heavily on the motorist in these situations, as his or her vehicle has the capacity to seriously injure a pedestrian if piloted incorrectly.

According to these laws, a motorist has to give the right of way to pedestrians when entering or leaving a:
- Driveway
- Parking lot
- Alley

They must also give right of way to pedestrians when crossing at an intersection either on a marked or unmarked crosswalk when there are no traffic signals. 

A motorist in Iowa is also expected to exercise special precaution when driving through:
- Residential areas
- The vicinity of schools
- Near shopping centers
- Parking lots
- Congested areas (such as downtown)

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 drive 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.

What Has to Be Proven in an Iowa Dramshop Claim?

There are two typical ways to prove an Iowa dramshop claim. 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 wait person) who does either of the following:
- Sells and serves alcohol to an intoxicated person when they knew (or should have “reasonably” known) the person was intoxicated
- Sells and serves the person to a point where the owner, bartender, or wait staff knew or should have reasonably known the person would become drunk if they did not stop serving the patron

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

This is known as a Dramshop Law, and many states have adopted them. Virtually all of these establishments are also required by law to have dramshop liability insurance to pay the damages to the injured victims of their intoxicated patrons.

“Iowa’s Dramshop Statute is intended to restrain bars and restaurants from selling ‘excess liquor’ to their patrons,” according to The Iowa Supreme Court. Several cases before it have produced rulings that the state’s dramshop law does not require that the plaintiff prove that the intoxicated person who injured them consumed the alcohol.

The Act’s language says that alcoholic beverages that are "sold and served for consumption on the seller's premises only” apply. This means that retail companies such as grocery stores and other liquor licensees which sell packaged liquor – rather than “liquor by the drink” – are not subject to the law because they are not licensed to serve alcohol at their business; only sell alcohol which is consumed at another location.

All Civil Damages are Available in a Dramshop Case

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

Can a Person Who Was Made Intoxicated Sue the Bar Owner in an Iowa Dramshop Case?

Only those who were injured by the intoxicated patron (referred to as the “second party”) can sue the bar or restaurant establishment. First parties (the intoxicated person) may not.

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

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

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.