Colfax Personal Injury Attorneys

When accidents and injuries disrupt lives, personal injury lawyers become essential. They focus on representing those harmed by negligence, helping them obtain fair compensation. This article discusses the important role personal injury lawyers play in guiding individuals through their claims and aiding in recovery.

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

Iowa Rules of the Road Around Pedestrians

The Iowa Department of Transportation lays down specific laws for motorists in situations where a pedestrian is present. The burden of responsibility lies heavily on the motorist, as their vehicle has the capacity to seriously injure a pedestrian if driven incorrectly.

According to these laws, a motorist must give the right of way to pedestrians when:

- Entering or leaving a driveway, parking lot, or alley.
- Pedestrians are crossing at an intersection on a marked or unmarked crosswalk when there are no traffic signals.

Additionally, motorists in Iowa are expected to exercise special precaution when driving through:

- Residential areas.
- The vicinity of schools.
- Near shopping centers.
- In parking lots.
- Congested areas, such as downtown.

In the event of an accident involving a pedestrian, victims can seek compensation for their damages by filing injury claims. Contact an attorney for legal assistance, especially if there is evidence that the motorist violated the rules of driving around pedestrians.

Determining Fault

Determining fault in a bike accident claim significantly impacts how you file. If you caused the accident, you should file your claim with your car insurance company. If the other driver caused the accident, you should file a claim with their insurance company.

Even if you were on your bike, your car insurance policy might provide you coverage. If you carry uninsured or underinsured motorist coverage or medical payments coverage, these can help you get compensation. Knowing your policy specifics is crucial when filing a bicycle accident claim.

Seeking Medical Help and Filing a Claim

If you’ve been in a bicycle accident, seek medical attention immediately. Getting care is critical for your well-being and necessary for determining the compensation amount for your bicycle accident claim.

If the other driver was at least partially at fault, file your bodily injury claim with their insurance company. Document all medical treatments, including:

- Initial date of your injury.
- Date you first received treatment.
- How the injury occurred.
- The prognosis issued by your doctor.
- Estimated length of treatment.
- Any medications or surgeries.
- Dates of all appointments related to the accident.

Filing Your Claim

File your claim as early as possible. Your insurance agent should guide you through the process. Always be truthful when filing a claim and don’t sign anything without an attorney present.

Proving Fault

Proving the fault of the other driver can be challenging. If the insurance company believes you were partially to blame, they may deny coverage or reduce your compensation amount. To prove fault, gather and document all evidence related to the accident. Witness testimony can also be essential.

Negligence, such as speeding, drinking while driving, failure to yield, and aggression, can be used to pin the fault on the responsible driver.

Negotiating a Settlement

After submitting your claim, the insurance company will offer a settlement amount. Do not accept the first offer; it is likely lower than you deserve. Often, you can recover a more appropriate compensation amount through negotiations.

Iowa’s Dramshop Law

Iowa’s Dramshop Law holds the bar owner, liquor licensee, or permittee (bartender or waitstaff) liable if they:

- Serve alcohol to an intoxicated person when they knew (or should have “reasonably” known) the person was intoxicated.
- Serve a person to the point where they 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 required by law to exercise reasonable care to detect signs of actual or suspected intoxication in their patrons. If employees identify someone who’s had too much to drink, they cannot serve them any more alcohol [Iowa Code § 123.92].

Civil Damages in a Dramshop Case

All civil damages are available in a dramshop case, including:

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

Limitations and Exclusions

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.

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 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.