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Accidents and injuries can unexpectedly alter lives. During these tough moments, personal injury lawyers are essential. These professionals represent those harmed by others' negligence, helping them secure fair compensation. This article explores the important role personal injury lawyers play in guiding individuals through their claims and aiding in recovery.
Options for Compensation After a Bicycle Accident Hit and Run
Hit-and-run bicycle accidents are a troubling issue on our roads. National statistics reveal that over 800 pedalcyclists died in accidents in 2015 alone. The situation is exacerbated when irresponsible drivers, often under the influence or unlicensed, flee the scene out of fear of repercussions. This irresponsible behavior significantly hampers bicyclists' ability to recover financial damages for their injuries.
Finding the Driver Responsible for Your Accident
If you or a loved one has been hurt by a hit-and-run driver, don't lose hope. Sometimes, drivers may turn themselves in out of conscience, or law enforcement efforts may identify them through traffic or surveillance camera footage and eyewitness testimonies. Another effective method is to contact local news stations to cover your story, as public exposure can lead to tips that help law enforcement track down the perpetrator. Once identified, the driver will face criminal charges, and you can file a claim with their insurer or sue them directly for the damages you've suffered.
Obtaining Compensation After a Hit and Run Bike Accident
If the driver is identified or stays at the scene, you can file a claim with their insurance company. However, if the driver flees, your damages may be covered under your own auto insurance policy’s uninsured/underinsured motorist coverage (UM/UIM). This coverage typically applies in cases where:
- The driver has no insurance.
- The driver lacks sufficient insurance to cover your damages.
- The driver flees the scene.
UM/UIM coverage usually extends to traffic accidents when you are a pedestrian or bicyclist. While it’s an optional coverage in Iowa, if you have it, the minimum coverage is $20,000 per person and $40,000 per accident. Check with your insurance agent to understand your policy details.
Available Damages in Dram Shop Claims
The damages recoverable in an Iowa personal injury claim are also applicable in a dram shop claim, including:
- Medical Bills: Covers all medical expenses related to the accident, including prescribed physical or occupational rehabilitation.
- Pain and Suffering: Compensates for physical and emotional suffering, such as PTSD or the trauma of severe disfigurement.
- Lost Income: Includes lost wages and earnings if the victim is self-employed, and benefits like medical insurance or retirement contributions.
- Property Damage: Covers the repair or replacement of the victim’s vehicle and any personal items damaged in the accident.
- Wrongful Death: Claimed by family survivors to cover medical and funeral expenses, lost future income, loss of consortium, and other related expenses.
- Punitive Damages: Awarded by a judge or jury if the defendant showed willful disregard for the victim’s safety.
Basics of Dram Shop Law
A dram shop claim is filed against a person or business with a liquor license for serving too much alcohol to someone who later causes an accident resulting in injury or death. Specific legal requirements and liability variables are outlined in Iowa Code § 123.92. The injured victim must provide written notice of intent to file a claim within six months of the accident, and the statute of limitations for the injury claim is two years from the accident date.
Victims can sue both the intoxicated driver and the establishment. Each party typically pays a percentage of the victim’s damages.
Determining Fault in Left-Turn Motorcycle Accidents
Determining fault in vehicle accidents, especially when a vehicle turns left in front of a motorcycle, can be complex. Generally, the driver making the left turn is responsible for ensuring it is safe to do so and must yield to oncoming traffic. Failure to yield can result in liability for an accident.
For example, if a car turns left in front of a motorcycle at an intersection, the driver is typically liable. However, exceptions exist, such as if the motorcyclist was speeding or ran a red light, which could shift or share the fault.
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.