Cedar Falls Personal Injury Attorneys

When accidents and injuries disrupt lives, personal injury lawyers become indispensable. They specialize in representing those affected by others' negligence, ensuring they receive the compensation they deserve. This article examines the crucial role personal injury lawyers play, assisting individuals in navigating their claims and reclaiming their lives.

What Has to Be Proven in an Iowa Dramshop Claim?

Iowa's dramshop laws are designed to hold establishments accountable when they serve alcohol to intoxicated individuals who then cause harm. Proving an Iowa dramshop claim typically involves two scenarios:

1. Over-serving Leading to an Accident: 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).
2. Assault by an Intoxicated Patron: A drunk bar patron assaults one or more people at the bar. 

Under Iowa Code § 123.92, bar owners, liquor licensees, or permittees (bartenders or wait staff) are liable if they:

- Serve alcohol to an intoxicated person when they knew or should have known the person was intoxicated.
- Continue to serve a person to the point where it was reasonable to expect that the person would become intoxicated if they did not stop serving them.

Establishments licensed to serve alcohol must exercise reasonable care to detect signs of intoxication in their patrons. They are required by law to have dramshop liability insurance to cover damages caused by their intoxicated patrons.

Types of Damages in Dramshop Cases

Victims of incidents involving over-served patrons can claim various damages, including:
- Medical bills
- Lost wages
- Property damage
- Pain and suffering
- Wrongful death

Limitations and Exemptions

The law does not allow intoxicated individuals to sue the bar that served them. Additionally, the dramshop laws do not apply to social hosts who serve alcohol at private functions.

Pedestrian Safety and Law in Iowa

Pedestrian accidents are a significant concern, with more than 4,000 pedestrians killed and tens of thousands injured annually in the U.S. According to the NHTSA, most pedestrian accidents occur in urban areas, on clear days, and at nighttime.

Iowa Pedestrian Laws

In Iowa, pedestrians must follow specific traffic rules:
- They have the right of way at intersections without traffic lights and on crosswalks.
- Motorists must yield to pedestrians when entering or leaving driveways, parking lots, or alleys.
- Pedestrians must yield to vehicles when crossing roads at points other than intersections without crosswalks.
- Pedestrians must walk on the left side of the road facing oncoming traffic where there are no sidewalks.
- Hitchhiking on the roadway is prohibited, though pedestrians can solicit rides from safe locations.

Pedestrian Accident Claims

Pedestrians injured due to a motorist's negligence can seek compensation for:
- Medical expenses
- Lost wages
- Pain and suffering

Proving a pedestrian accident claim requires demonstrating the motorist's fault and the damages suffered. Legal assistance from a personal injury attorney can be crucial in building a strong case.

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.