Mason City Personal Injury Attorneys

Injuries and accidents can cause sudden disruptions in life. Personal injury lawyers are key allies during these challenging times. These professionals specialize in advocating for victims of negligence, ensuring they obtain fair compensation. This article examines the crucial role personal injury lawyers play in guiding individuals through their claims and helping them rebuild their lives.

What Has to Be Proven in an Iowa Dramshop Claim?

In Iowa, proving a dramshop claim typically involves demonstrating one of two scenarios. The first is when a bar or restaurant serves a patron excessive alcohol, who then leaves the establishment intoxicated, gets involved in a car accident, and is subsequently charged with OWI (Operating While Intoxicated). The second scenario involves a drunken bar patron assaulting one or more individuals at the establishment. Iowa’s Dramshop Law holds the bar owner, liquor licensee, or permittee responsible if they:

1. Serve alcohol to an intoxicated person when they knew (or should have reasonably known) the person was intoxicated.
2. Continue to serve alcohol to the point where the owner or staff should have reasonably known the person would become intoxicated.

Bars and other licensed establishments must exercise reasonable care to detect signs of intoxication in their patrons. Once identified, they must stop serving alcohol to these individuals, as mandated by [Iowa Code § 123.92].

Iowa’s dramshop statute aims to restrain bars and restaurants from selling excess alcohol to patrons. This law, however, does not require plaintiffs to prove that the intoxicated person who caused them harm consumed the alcohol. The statute applies to alcoholic beverages sold and served for on-premises consumption, meaning retail outlets like grocery stores that sell packaged liquor are exempt.

Damages in a Dramshop Case

Victims of dramshop cases can claim all civil damages, including:
- Medical bills
- Lost wages
- Damaged property
- Pain and suffering
- Wrongful death

Can Intoxicated Individuals Sue Under Dramshop Laws?

Only those injured by the intoxicated patron (second party) can file a claim against the bar or restaurant. The intoxicated individual (first party) cannot.

Iowa’s dramshop laws do not apply to social hosts who serve alcohol at private parties. The law applies exclusively to licensed vendors such as bars and restaurants.

How Much Space Must Drivers Give Cyclists Under Iowa Law?

Iowa law does not specify an exact distance drivers must maintain when passing cyclists; it requires vehicles to pass at a “safe distance.” Although this distance is not explicitly defined, a standard of three feet is often applied, as in other states.

Consequences of Failing to Follow the Safe Distance Law

When drivers do not pass cyclists at a safe distance, they violate the law and put cyclists at risk. Consequences include:
- Cyclists being struck by vehicles
- Cyclists being forced into traffic
- Cyclists being run off the road

Liability for Accidents Caused by Unsafe Distance

Drivers who fail to maintain a safe distance and cause an accident can be held liable for damages. Proving fault may involve:
- Witness testimony
- Video Footage
- Police reports
- Testimonies of involved parties
- Physical evidence

These types of evidence are crucial in filing an accident claim. If the driver’s fault is proven, the cyclist can recover damages for monetary losses and may be eligible for noneconomic damages as well.

Do Cyclists Need an Attorney?

Cyclists involved in accidents due to negligent drivers can seek assistance from Walker, Billingsley & Bair. Our bicycle accident team is dedicated to helping bike accident victims file claims and recover damages. For assistance, visit our bicycle/pedestrian accident library or contact us directly.

Filing a Bike Accident Claim to Recover Damages for Your Injuries

Filing a bicycle accident claim with an insurance company can help you recover damages following a crash. Whether it’s a right hook accident, a dooring accident, or another common type of bicycle accident, understanding the claims process is crucial.

Determining Fault

Fault determination significantly impacts the claims process. If you caused the accident, file a claim with your car insurance company. If another driver caused the accident, file a claim with their insurance company. Even if you were on your bike, your car insurance policy might cover you, especially if you have uninsured or underinsured motorist coverage or medical payments coverage.

Seeking Medical Help and Filing a Claim

The first step is seeking medical attention. This is crucial not only for your well-being but also for determining the compensation amount for your claim. Document all medical treatments, including:
- Initial date of injury
- First treatment date
- Injury details
- Prognosis
- Treatment duration
- Medications or surgeries
- Appointment dates

File your claim as early as possible. Your insurance agent will guide you through the process. Be truthful and do not sign anything without an attorney present.

Proving the other driver’s fault can be challenging. Gather and document all accident-related evidence. Witness testimony can be crucial. Fault is based on negligence, such as speeding, drunk driving, failure to yield, and aggression.

Negotiating a Settlement

Do not accept the first settlement offer from the insurance company. Often, the initial offer is lower than deserved. Negotiations can lead to a more appropriate compensation amount.

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.